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Admiralty Jurisdiction: Critique and Suggestions
Black, Charles
Black, Charles
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Abstract
When a new city plan is put into effect, ancient land-marks are likely to come in for rough treatment. This is sometimes a matter of necessary clearance of right of way, and sometimes merely one of conforming an antiquated style of architecture more nearly to a newer type. In the 1948 revision of the Judicial Code, the latter is the motive most likely to have been at work in bringing about the rewording of the phrase "saving . . . [the] common law remedy" to maritime suitors. To that time-honored language (coeval with the federal judiciary itself), the doctrines and practices allocating jurisdiction, as between state and federal courts, in matters maritime, have been in effect a gloss. Whether the revised phraseology, ("saving . . . any other remedy . . .") really means or can be taken to mean the same as the older formula is a matter of some question.