Jerome C. Scowcroft

Publications

• Uniformity - State Wage and Hour Laws: State Overtime Compensation Laws Can Be Applied to Seamen Who Live and Work Exclusively within the State
  23 J. MAR. L. & COM. (1992) · Journal of Maritime Law and Commerce · 1992
• Package Limitation: Containers Subject to Different Rule Than Other Cargoes
  23 J. MAR. L. & COM. (1992) · Journal of Maritime Law and Commerce · 1992
• Maritime Wrongful Death Actions - Survival Actions - Damages - There is a General Maritime Cause of Action for the Wrongful Death of a Seaman, But Recovery Is Not Permitted for Loss of Society - In a General Maritime Survival Action, the Estate Cannot Recover the Decedent's Lost Future Earnings - Miles v. Apex Marine Corp.
  22 J. MAR. L. & COM. (1991) · Journal of Maritime Law and Commerce · 1991
• Longshore and Harbor Workers' Compensation Act - Railroad Employees - The LHWCA Covers Railroad Employees Injured While Performing Work Integral to Loading or Unloading a Ship - Chesapeake and Ohio Railroad Co. v. Schwalb
  22 J. MAR. L. & COM. (1991) · Journal of Maritime Law and Commerce · 1991
• Admiralty Jurisdiction - Pleasure Craft - A Fire Which Erupts on a Pleasure Boat Moored at a Marina on Navigable Waters Will Support Admiralty Jurisdiction - Sison v. Ruby
  22 J. MAR. L. & COM. (1991) · Journal of Maritime Law and Commerce · 1991
• Self-Executing Arbitration Agreements - Petition to Compel Arbitration - Standing - Proof of Service: Under Self-Executing Arbitration Agreements, Which Allow a Party Demanding Arbitration to Appoint an Arbitrator on the Opposing Party's Behalf If the Opposing Party Fails to Do So within a Specified Time after Service of the Demand for Arbitration upon One of Its Corporate Officers, the Demand Can Be Served by Facsimile and Mail without Being Specifically Addressed to a Corporate Officer - However, the Party Seeking Arbitration Has the Burden of Proving When a Corporate Officer Received the Demand, and If the Opposing Party Fails to Respond, the Party Seeking Arbitration Is Not an Aggrieved Party within the Meaning the 4 of the Federal Arbitration Act
  21 J. MAR. L. & COM. (1990) · Journal of Maritime Law and Commerce · 1990
• Seamen's Claims - Recovery for Negligence - Indemnity and Contribution - Ryan Indemnity: In Holding That a Shipowner Has No Right to Recover Indemnity or Contribution from a Crewman in His Employ for Negligently Caused Injuries to a Fellow Crewman, the Ninth Circuit Court of Appeals Sanctioned an Implied Warranty of Workmanlike Service in Certain Contexts and Acknowledged Historical Limitation in Maritime Law on the Right of Seamen to Recover for Negligence
  21 J. MAR. L. & COM. (1990) · Journal of Maritime Law and Commerce · 1990

• Recent Developments concerning the Package Limitation
  20 J. MAR. L. & COM. (1989) · Journal of Maritime Law and Commerce · 1989
• Protection and Indemnity Insurance - Pay to Be Paid Clauses - Third Party Claims - [British] Third Parties (Rights against Insurers) Act 1930
  20 J. MAR. L. & COM. (1989) · Journal of Maritime Law and Commerce · 1989
• Arbitration - Vouching-in - Third-Party Claims: Absent a Particularized Showing of Prejudice, a Charterer Can Vouch a Stevedore into an Arbitration under the Charter Party, Even Though the Stevedore Has Not Consented to Arbitration, Where the Arbitration Involves Claims against Which the Stevedore Would Have a Duty to Indemnify the Charterer if the Claims Were Proven
  19 J. MAR. L. & COM. (1988) · Journal of Maritime Law and Commerce · 1988
• Navigable Waters - Obstructions to Navigation - Continuing Duty: An Apparent Conflict Has Emerged among Decisions by the Courts of Appeals for the Sixth and Seventh Circuits, and an Earlier Decision by the United States Supreme Court, as to Whether an Entity Other Than the State or Federal Government, Which Complies with a Federal Permit When Dismantling a Structure in a Navigable Waterway, Has a Continuing Duty to Prevent the Remaining Portions of the Structure from Becoming Hazardous to Navigation
  19 J. MAR. L. & COM. (1988) · Journal of Maritime Law and Commerce · 1988
• A Comment on the Special Rules of the Chinese People's Court concerning Maritime Jurisdiction and Arrests of Ships
  19 J. MAR. L. & COM. (1988) · Journal of Maritime Law and Commerce · 1988
• Payment for Supplies and Services Furnished in Maritime Commerce - Part II
  18 J. MAR. L. & COM. (1987) · Journal of Maritime Law and Commerce · 1987
• Payment for Services and Supplies Furnished in Maritime Commerce - Part I
  18 J. MAR. L. & COM. (1987) · Journal of Maritime Law and Commerce · 1987
• Economic Loss in Admiralty: A Reexamination of Foundations
  16 J. MAR. L. & COM. (1985) · Journal of Maritime Law and Commerce · 1985
• Wreck Removal: An Overview and Recent Developments
  16 J. MAR. L. & COM. (1985) · Journal of Maritime Law and Commerce · 1985