ADMIRALTY - UNIFORMITY RULE

Authors

William C. Whitehead, University of Michigan Law SchoolFollow

Abstract

From the words of the Federal Constitution the federal courts have spelled out the rule that maritime matters shall be governed by a uniform set of laws. These laws consist of the general maritime law at the adoption of the Constitution plus regulations subsequently promulgated by Congress. The decisions which have outlined the "uniformity rule" have concerned themselves with admiralty's interrelationship with interstate commerce. A recent application of the rule suggests another problem which uniformity is designed to circumvent--the difficulty of enforcing local rules against subjects on navigable waters. The federal courts have not always been precise in their application of the federal admiralty law as opposed to the local state laws, and it is the purpose of this comment to point out that historically the law of admiralty has been developed from a basic pattern of uniformity, and to stress the importance of uniformity in the future regulation of maritime and perhaps air commerce.

Recommended Citation

William C. Whitehead, ADMIRALTY - UNIFORMITY RULE, 40 Mich. L. Rev. 260 (1941).
Available at: https://repository.law.umich.edu/mlr/vol40/iss2/5