We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
After 100 Years Has the Jones Act Sunk the Jones Act and Vice Versa?
- Authors
Farrell Jr., David J.
- Abstract
Part of the Merchant Marine Act of 1920, which declared U.S. merchant marine policy as it remains today, the Jones Act consists of two sections. First, § 27 imposed enhanced cabotage protections for U.S. coastwise shipping (prohibiting foreign ships from transporting cargo between two U.S. points), which had been suspended during World War I. Second, § 33 instituted a generous personal injury/death cause of action and jury trial for seafarers against their employers. Both sections are the strongest of their type in the whole world. After reviewing the history leading up to Jones Act § 27's cabotage provision, new light is shed on why § 33's negligence/jury remedy was enacted. This Article contends that after 100 years, the two sections have adversely impacted each other. As a result, the U.S. has to rely on other nations' ships to carry our international imports and exports although § 27 has benefitted certain key segments of the domestic maritime industry serving the U.S. This Article concludes with questions on whether we can expand our coastwise successes and improve our international shipping failures.
- Subjects
MERCHANT marine; COASTWISE shipping; JURY trials; CABOTAGE; LAW schools
- Publication
Tulane Maritime Law Journal, 2023, Vol 47, Issue 2, p209
- ISSN
1048-3748
- Publication type
Article