A Constitutional Approach to Maritime Personal Injury Law

摘要

The Constitution should not be left behind when considering maritime personal injury cases. Applying Constitutional principles to this area of the law will be more true to the place of the courts in the constitutional structure of the nation. "Congress retains superior authority in these matters, and an admiralty court must be vigilant not to overstep the well-considered boundaries imposed by federal legislation." Those boundaries stop at the Jones Act, DOHSA, and the LHWCA.