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Academic Programs - Course Descriptions

ADMIRALTY I

This course surveys substantive matters, including carriage of goods by sea; charter parties; personal injury and death; collision; towage, pilotage and salvage; and marine pollution. Admiralty I is not a prerequisite for the course in Admiralty II; however, both Admiralty I and II are required for J.D. students prior to enrollment in any other Admiralty courses that are regularly offered. Advanced Admiralty courses may not be taken by J.D. students simultaneously with either Admiralty I or II.

The course is taught by Prof. Force or Prof. Davies.

 
ADMIRALTY II 

This course deals mostly with jurisdictional and procedural matters, including jurisdiction over maritime claims; considerations of federalism; forum non conveniens; choice of law; special procedures in admiralty cases including arrest and attachment of ships; limitation of liability; maritime liens; and suits against governments, including foreign governments. Admiralty II may be taken prior to Admiralty I.

The course is taught by Prof. Force or Prof. Davies.

 
CARRIAGE OF GOODS BY SEA 

This course considers the legal problems arising out of loss of or damage to cargoes transported between the United States and foreign ports, focusing on the Carriage of Goods by Sea Act and the Harter Act. J.D. students must have taken Admiralty I and Admiralty II.

The course is taught by Michael Butterworth, who is a partner at the firm of Terriberry, Carroll and Yancey.

 
CHARTER PARTIES 

This course examines the process of "fixing" a charter party from the initial negotiation to execution, and the contractual relationship of all parties including brokers, agents, charterers, owners, suppliers, receivers and the vessel. The course also examines the duties of owners and charterers under time and voyage charter parties and reviews the legal basis for disputes under both U.S. and English law.

This course is taught by H. Edwin Anderson, III, who is an attorney who specializes in the law and business of charter parties.

 
COLLISION LAW & LIMITATION OF LIABILITY 

This course presents the general principles of maritime collision law, including causation, legal presumptions, the effect of statutory violations, apportionment of fault, damages, special evidentiary rules and an overview of navigation Rules of the Road and their interpretation. The course then provides an in-depth study of limitation of liability from a practical point of view. After study of the theory of limitation of liability, the assertion of this right will be considered in detail, as well as the content of the limitation fund and how it is distributed. J.D. students must have taken Admiralty I and Admiralty II. Enrollment in the course is limited to 35 students.

This course is taught by Antonio Rodriguez and Robert McCleskey, Jr. Mr. Rodriguez is a partner in the firm of Fowler, Rodriguez, Kingsmill, Flint, Gray & Chalos, L.L.P., and Mr. McCleskey is a partner in the firm of Phelps Dunbar, L.L.P.

 
MARINE INSURANCE I 

This is an advanced admiralty course that focuses on the legal problems involved in insurance against physical loss or damage to maritime property (hull and cargo), against maritime liabilities (protection and indemnity), and for damage to cargo. J.D. students must have taken Admiralty I and II.

The course is taught by Andrew de Klerk, who is a partner in the firm of Frilot, Partridge, Kohnke, Clements, L.C.

 
MARINE INSURANCE II 

This is an advanced admiralty course that focuses on the legal problems arising out of marine insurance policies. The course examines hull, cargo, P. & I., CGL and various traditional types of marine property and liability policies. The course will also examine "cyber insurance" issues, the liability of agents, brokers and underwriters; the effect of the insolvency of an insurance company; excess and surplus lines coverage; the duty to defend; reinsurance; and current problems in the law of marine insurance coverages. J.D. students must have taken Admiralty I and II.

The course is taught by William E. O'Neil, principal of The O'Neil Group, and Richard Cozad, who is a partner in the firm of McAlpine & Cozad.

 
MARINE POLLUTION 

This course covers U.S. legislation, administrative regulations, state legislation and case law in the area of marine pollution.

The course is taught by Prof. Force.

 
PERSONAL INJURY & DEATH 

This is an advanced course in admiralty law concentrating on rights and liabilities arising out of the personal injury and death of seamen, longshoremen, harbor-workers, and third parties under both federal and state law. J.D. students must have taken Admiralty I and II.

The course is taught by Robert Acomb, Jr., who is a partner in the firm of Jones, Walker, Waechter, Poitevent, Carrère & Denègre.

 
REGULATION OF SHIPPING & COMMERCE 

This survey course addresses the regulation of domestic shipping and foreign shipping calling at United States ports. Primary emphasis is on the various governmental agencies that regulate shipping and maritime commerce with secondary emphasis on the role of international treaties and conventions. Specifically examined are the activities of agencies such as the Coast Guard, the Army Corps of Engineers, the Federal Maritime Commission, the Maritime Administration, the National Transportation Safety Board and various state agencies. Areas addressed include vessel inspections, pollution regulation, navigation rules, marine casualty investigations, vessel & waterfront facility security, merchant mariner licensing and license revocation, pilotage and ocean shipping regulation. This course is taught by Brian K. McNamara, a Lieutenant Commander and judge advocate with the United States Coast Guard. J.D. students must have taken Admiralty I and II.

The course is taught by Brian McNamara, Attorney-Advisor, United States Coast Guard.

 
TUGS AND TOWAGE 

This course examines the development of domestic towage law, insurance in connection with towage and carriage, exculpatory clauses and towage contracts, duties of tugs, tows and fleeters, and collisions involving tugs and tows. J.D. students must have taken Admiralty I and II.

The course is taught by Charles Lugenbuhl and David Sharpe, who are partners in the firm of Lugenbuhl, Wheaton, Peck, Rankin & Hubbard.

 
VESSEL DOCUMENTATION AND FINANCE 

Students in this course work with actual materials concerning the documentation of vessels and financing from initial decision to construct to permanent financing and refinancing and possible bankruptcy. The course is conceived of as a practical course, with emphasis on the financial decisions of vessel operators and financiers. Attention is also given to government assistance in the maritime industry and to maritime insurance. Enrollment may be limited to graduate students. If permitted to enroll, J.D. students must have taken Admiralty I and II.

The course is taught by William A. Porteous, III, of the firm of Porteous, Hainkel, Johnson & Sarpy.

 
 
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