Federalism on the High Seas: The Admiralty Jurisprudence of Justice Sandra Day O’Connor

Federalism on the High Seas: The Admiralty Jurisprudence of Justice Sandra Day O’Connor

BYMATTHEW J. KITA*

INTRODUCTION 132

THE PERFECT STORM: MARITIME LAW, THE CONSTITUTION, CONGRESS, ANDTHECOURTS 133

Maritime Law’s Federalism Paradox 133

Sandra Day O’Connor’s Views on Federalism 135

The Traditional Role of the Admiralty Judge 138

ROUGH SEAS: THE COURT AND MARITIME FEDERALISM BEFORE 1981 143

Moragne v. States Marine Lines, Inc 43

Sea-Land Services, Inc. v. Gaudet 145

Mobil Oil Co. v. Higginbotham 146

THE TIDE SHIFTS: MARITIME FEDERALISM IN THE O’CONNOR ERA 148

Foremost Insurance Co. v. Richardson 148

Offshore Logistics, Inc. v. Tallentire 150

Miles v. Apex Marine Corp 153

American Dredging Corp. v. Miller 155

Yamaha Motor Corp. U.S.A. v. Calhoun 156

Lewis v. Lewis & Clark Marine 158

Norfolk Shipbuilding & Drydock Co. v. Garris 161

STORM FRONT: CRITICISM OF JUSTICE O’CONNOR’S COURSE 163

A DIFFERENT TACK?: WHERE SHOULD WE Go FROM HERE? 168

Boston College (A.B. Political Science 1998); University of Maryland (Higher Education Policy 2000); University of Houston Law Center (J.D. 2005). The author would like to thank two distinguished members of the University of Houston Law Center faculty: Professor Craig Joyce for his guidance in the composition of this article, and Professor Gus A. Schill, Jr. for his instruction in admiralty and maritime jurisprudence, his dedication to teaching his students the importance of ethics and civility in the practice of law, and