a maritime insurance contract fell within the admiralty jurisdiction
There are three types of admiralty jurisdiction
21, 41-42 (1934) (holding previous decisions concerning admiralty jurisdiction
do not limit Congress' authority to enact legislation).
"The rule providing federal admiralty jurisdiction
for suits to enforce judgments of foreign admiralty courts has been recognized since the birth of the Nation.
(68) But there was a strong case for admiralty jurisdiction
given the capacious understanding of its scope at the time: "as the original cause arose at sea, every thing dependent on it is triable in the admiralty." (69) And if he were to dismiss the case for want of jurisdiction, "there would be a failure of justice, for the court of common law of the state has already dismissed the cause as belonging to my jurisdiction in the admiralty." (70) Just to be safe, Bee turned to the ATS, reasoning that because it "gives this court concurrent jurisdiction with the state courts and circuit court of the United States where an alien sues for a tort, in violation of the law of nations, or a treaty of the United States, I dismiss all doubt upon this point." (71)
Part I explains through various examples why status as a vessel is important in admiralty jurisdiction
. (2) Part II (3) discusses the Supreme Court's latest cases defining a vessel including Stewart v.
The legal concept of navigability has also been critical in defining private versus public property rights in water bodies, (7) allocating property between the federal and state governments, (8) and delineating the scope of Article III federal court admiralty jurisdiction
. (9) Navigability also played a key role in the evolution of various common law doctrines, and the connections between those doctrines and the Constitution remain unclear.
The remedy under those sections of the Contract Act lies in the Civil Court, if at all, not under the Admiralty Jurisdiction
on a Marine Hull Policy.
Based on longstanding precedent respecting the federal courts' assumption of in rem admiralty jurisdiction
over vessels that are not in the possession of a sovereign, we conclude that the Eleventh Amendment does not bar federal jurisdiction over the Brother Jonathan....
The UAE has a long and proud maritime tradition, however, comparatively speaking, it remains a relatively young admiralty jurisdiction
with continuously evolving maritime practices.
(6) The word "all" thus appears as a lead-in to the first three heads of jurisdiction of the first paragraph dealing generally with subject matter jurisdiction in the federal courts--federal question, ambassador, and admiralty jurisdiction
. Then it appears again as the lead-in to the two heads of original jurisdiction in the second paragraph dealing specifically with the subject matter jurisdiction of the Supreme Court--ambassador and state-as-a-party jurisdiction.