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Thread: Admiralty Law and Title 46

  1. #11

    Code of Hammurabi

    Pied Pipers of Babylon from page 19 on the pdf....

    Only one provision appears to impose obligations on an official; this provision establishes that a judge who reaches an incorrect decision is to be fined and removed from the bench permanently. Love it: http://en.wikipedia.org/wiki/Code_of_Hammurabi

  2. #12
    Quote Originally Posted by David Merrill View Post
    I have never tried to relate things much to the Eleventh Amendment.

    Pied Pipers of Babylon promises to describe Erie RR and the One Form of Action but I have not read that yet. My Constitution - the big green book exposes a bit but I have to get into it again...
    what about the reverse-Erie Doctrine ...??

  3. #13
    JohnnyCash
    Guest
    Oh! Like when Niagara went uphill? and flowed back into Lake Erie. That was an awesome dream!

    "Although it was wonderful to see all that water tumbling down, it would be even more wonderful to see all that water tumbling up."
    -- Mark Twain

  4. #14
    Reverse Erie Doctrine; remind me? Did I say that?

  5. #15
    there is a Reverse Erie Doctrine

    A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-Erie doctrine".
    While the "Erie doctrine" requires that federal courts hearing state actions must apply substantive state law, the "reverse-Erie doctrine" requires state courts hearing admiralty cases to apply substantive federal admiralty law. However, state courts are allowed to apply state procedural law.
    This change can be significant.

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