Admiralty Law and Title 46

[outlierquest]

During my forays down different rabbit holes, I keep popping up to Title 46. This led me to the recent process of Patrick: Devine. Some do not like his style or his process and write him off. While his delivery is subjective, he has put in much research. Before I ever heard of him, I kept coming to similar conclusions. To better understand Admiralty Law, read Title 46 and then read:

"The law of the sea: a manual of the principles of admiralty law for students ..." By George Lewis Canfield, George Walton Dalzell, Jasper Yeates Brinton

Here's an excerpt that caught my attention:



What am I doing for the 4th? Taking advantage of the day off from work to study law. Enjoy, Phillip Michael

[shikamaru]

During my forays down different rabbit holes, I keep popping up to Title 46. This led me to the recent process of Patrick: Devine. Some do not like his style or his process and write him off. While his delivery is subjective, he has put in much research. Before I ever heard of him, I kept coming to similar conclusions. To better understand Admiralty Law, read Title 46 and then read:

"The law of the sea: a manual of the principles of admiralty law for students ..." By George Lewis Canfield, George Walton Dalzell, Jasper Yeates Brinton

Here's an excerpt that caught my attention:

[ATTACH=CONFIG]865[/ATTACH]

What am I doing for the 4th? Taking advantage of the day off from work to study law. Enjoy, Phillip Michael

I'll raise you one:

"The American Admiralty ..." by Erastus C. Benedict (1850).

I couldn't find that one on Google Books anymore .
That one is a goodie.

Public welfare is a legal term of art being that public can be synonymous with government.
Government welfare is not too far off the mark in many instances .

[shikamaru]

I stumbled across this trove today meandering about the web.

Admiralty

[David Merrill]

I was introduced to an exciting treatise on early Patriot Movement the other day. I never seem to finish a paper of length on my computer screen because I surf and write so much. It's like reading after lunch on the couch - non-productive. I am getting it spring-bound at The Copy Store today - 5 Copies and when they get the postage worked out I will tell you how much $$ to order and get it sent to your little enclave out front. I want to warn you all though that this has undoubtedly got some Patriot Mythology in it that while some may not be untrue, is really worthless baggage - (like maybe fringed flags and stuff). I have to have it for historic value and I am sure it will explain a lot.

Pied Pipers of Babylon.

One thing that caught my eye in the Introduction that keeps me interested is that it proposes to pick apart Erie Doctrine simply. That interplay between the federal jurisdiction and admiralty is important to understand especially with the Libel of Review suitors file for an evidence repository. On Page 18 of the Admiralty Exposed paper, I found reference to a lecture/paper by Proctor WISWALL in Australia. This was an interesting turning point for me to get my mind wrapped around this.

What happened next was interesting. I began trying to find WISWALL's paper. I found in the Australian University archives but it was removed. Then after five or six similar hits, without any end paper linked I decided to locate WISWALL instead. By that time I was suspicious enough to record the conversation and sure enough I found evidence of what I suspected. That is that Proctor WISWALL, being Australian did not realize the impact his lecture/paper would have on American judicial politics, with the one comment on Erie in the middle of that Comparative Paper.

Get a Listen.

Needless to say; WISWALL and the Mrs. never emailed me a copy. I used different search engines and finally located a copy of the paper to provide you.



Regards,

David Merrill.

[outlierquest]

Wow. What a find. I'm reading "The American Admiralty" tonight. Thanks so much, Shikamaru

Exciting discovery as well, David. I love how you called the Wiswall's directly. Wow, what interesting cover art on the "Pied Pipers of Babylon". Thanks for sharing... Phillip Michael

[shikamaru]

Wow. What a find. I'm reading "The American Admiralty" tonight. Thanks so much, Shikamaru

I learned about that treatise from "the Informer". You may find his writings of some interest and use.

Another trick I learned from him is that you sometimes have to read through the different versions of a book or treatise for new stuff is added and "old" stuff is taken out.

That copy of "The American Admiralty" is bit more honest than most books. It says that real estate and common law developed out of conquest and dominion.
Conquest and dominion reached its perfection in feudalism.

Upon learning this, I was struck with that thought that rulers are always seeking more perfect systems of subjugation. The form of government existing today in these United States is one of its more evolved forms.

[David Merrill]

You might buy one of these for yourself - $45. (866) 948-4318 at The Copy Store; 3301 North Academy Boulevard, Colorado Springs, Colorado [80917]. copyit@thecopystore.com The file is in Account "None".

[shikamaru]

I was introduced to an exciting treatise on early Patriot Movement the other day. I never seem to finish a paper of length on my computer screen because I surf and write so much. It's like reading after lunch on the couch - non-productive. I am getting it spring-bound at The Copy Store today - 5 Copies and when they get the postage worked out I will tell you how much $$ to order and get it sent to your little enclave out front. I want to warn you all though that this has undoubtedly got some Patriot Mythology in it that while some may not be untrue, is really worthless baggage - (like maybe fringed flags and stuff). I have to have it for historic value and I am sure it will explain a lot.

Pied Pipers of Babylon.

One thing that caught my eye in the Introduction that keeps me interested is that it proposes to pick apart Erie Doctrine simply. That interplay between the federal jurisdiction and admiralty is important to understand especially with the Libel of Review suitors file for an evidence repository. On Page 18 of the Admiralty Exposed paper, I found reference to a lecture/paper by Proctor WISWALL in Australia. This was an interesting turning point for me to get my mind wrapped around this.

What happened next was interesting. I began trying to find WISWALL's paper. I found in the Australian University archives but it was removed. Then after five or six similar hits, without any end paper linked I decided to locate WISWALL instead. By that time I was suspicious enough to record the conversation and sure enough I found evidence of what I suspected. That is that Proctor WISWALL, being Australian did not realize the impact his lecture/paper would have on American judicial politics, with the one comment on Erie in the middle of that Comparative Paper.

Get a Listen.

Needless to say; WISWALL and the Mrs. never emailed me a copy. I used different search engines and finally located a copy of the paper to provide you.



Regards,

David Merrill.

Question,

Does this all tie in with the 11th Amendment as well as the claim by some that law and equity have been removed from the federal courts?

[David Merrill]

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...

[shikamaru]

I have never tried to relate things much to the Eleventh Amendment.

I bring this up repeatedly because Congress stripped jurisdiction from the federal courts for some cases. Some would say all such cases involving law or equity.

Chisholm v. Georgia (1793) is case hinging on an action of debt with the government of Georgia claiming sovereign immunity from suit ... and losing. A very critical case in the development of the US in my opinion.

[Chex]

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

[Binbokusai Yagyuu]

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 ...??

[JohnnyCash]

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

[David Merrill]

Reverse Erie Doctrine; remind me? Did I say that?

[Binbokusai Yagyuu]

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.