By Thomas Schoenbaum, Jessica McClellan
This is often the 2016 pocket half replace for Schoenbaum's Admiralty and Maritime legislations, fifth, Hornbook sequence.
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2014), the Sixth Circuit ruled that the US Coast Guard is entitled to recover its full costs, in accordance with its reimbursable standard rates, incurred in responding to a false distress call. S. v. 3d 1335 (11th Cir. 2016), a defendant was convicted, pursuant to guilty plea, of conspiring to distribute cocaine while on board a vessel subject to the jurisdiction of the United States in violation of the Maritime Drug Law Enforcement Act (MDLEA). On appeal, the Eleventh Circuit vacated and remanded holding the record was devoid of facts providing a basis for federal subject matter jurisdiction over proceedings initiated against the defendant, and thus, a remand was required.
Ct. Ed. 2d 675 (2012), the Supreme Court ended a split of authority among the Circuits, holding that the Outer Continental Shelf Lands Act (OCSLA) extends coverage to an employee who is injured on land if he can establish a substantial nexus between his injury and his employer’s extractive operations on the outer continental shelf. The Court stated that no situs test is applicable under the OCSLA, abrogating Mills v. 2d 356 (5th Cir. 1989). The Court also rejected a “but for” test for the OCSLA, abrogating Curtis v.
Accordingly, the convictions were vacated. S. v. Lucas, 473 F. App’x 877 (11th Cir. S. v. 3d 1320, 1325 (11th Cir. C. § 70503(a)(1) does not require the government to show a connection between the offense and a United States territory in order to support subject matter jurisdiction. S. v. 3d 266 (4th Cir. C. C. § 88(c). S. v. 3d 802 (11th Cir. 2014), the Eleventh Circuit reconsidered whether the admission of a certification of the Secretary of State to establish extraterritorial jurisdiction for a prosecution of drug trafficking on the high seas violates a defendant’s right to confront the witnesses against him at trial.
Admiralty and Maritime Law by Thomas Schoenbaum, Jessica McClellan