School of Public Service and Health Legal Studies Program LSTD401 Maritime Law 3 Credit Hours 8 Weeks Prerequisite(s): None. Selected Bibliography

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1 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory School of Public Service and Health Legal Studies Program LSTD401 Maritime Law 3 Credit Hours 8 eeks Prerequisite(s): None Course Description Course Scope Course Objectives Course Delivery Method Resources valuation Procedures Grading Scale Course Outline Policies Academic Services Selected Bibliography Course Description (Catalog) This course is a study of the laws and doctrines governing navigation and shipping. Students will study the various aspects of maritime jurisdiction and substantive law dealing with such topics as maritime tort law, salvage, rights and obligations of port authorities and pilots, sovereign immunity, and piracy. Course Scope Maritime/Admiralty Law is that body of laws which governs events and transactions which occur upon navigable waters, including oceans, gulf and inland waterways. More specifically, it addresses matters including marine navigation and commerce, shipping, maritime workers, and the transportation of passengers and goods by sea. Maritime/ Admiralty law has been distinguished from the Law of the Sea, which is a body of public international law addressing navigational rights, natural resource rights, jurisdiction over coastal waters and international law governing relationships between nations.

2 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory This course contains a broad review of both Maritime/Admiralty Law and the Law of the Sea, including those international and domestic laws applicable in a maritime setting which govern relationships between individuals and the state (public law) as well as individuals and/or groups (private law). Specifically, this course will survey the fundamental principles of maritime law with a broad review of civil and criminal law enforcement issues in a maritime context. Students will study various aspects of maritime jurisdiction and substantive law addressing such topics as the law of the sea, maritime law enforcement, maritime tort law, maritime commercial law, maritime liens, salvage, rights and obligations of port authorities and pilots, sovereign immunity, international maritime conventions, and piracy. Course Objectives After completing this course the Student will be able to: Analyze numerous substantive legal issues related to maritime law. Recount various international conventions relating to maritime safety and pollution. Differentiate between proper jurisdictional venues for assorted maritime actions. Identify legal issues and limitations related to a ship owner s liability and cargo claims. xamine various forms of compensation available to seamen, other maritime workers and passengers. Course Delivery Method This course delivered via distance learning will enable students to complete academic work in a flexible manner, completely online. Course materials and access to an online learning management system will be made available to each student. Online assignments are due by Sunday evening of the week as noted. They include Forum questions (accomplished in groups through a threaded forum), examination, and individual assignments submitted for review by the Faculty Member). Assigned faculty will support the students throughout this eight-week course. Course Materials Required: 1982 Law of the Sea Convention:

3 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory Commander's Handbook on the Law of Naval Operations (NIP 1-14M): Admiralty and Maritime Law by Robert Force (Federal Judicial Center, 2004): These texts are available through the Resources link in the classroom in the Course Text folder. They are also available in the APUS Research Database using the links shown above. You will need to log-in to each link with your student ID and password. Please report any issues to CM@apus.edu. Adobe Reader is required to view these files. If you do not have this software, please log onto to download the free reader. They also can be found on the Course Reserves LibGuide by clicking on the "Course Reserves A to Z List" link on the LibGuides homepage here: Use the tabs to select the correct alphabetical section and look for the course alphabetically by LSTD401. In addition, you can access the texts on the Internet at the following urls: Additional resources: The Bluebook: A Uniform Guide to Legal Citation, (19th ed. 2010). This can be purchased at your own expense at eb Sites: In addition to the required course texts, the following public domain web sites are useful. Please abide by the university s academic honesty policy when using Internet sources as well. Note web site addresses are subject to change. Site Name Oceans and Law of the Sea Maritime Operations Guide Compilation of Maritime Laws eb Site URL/Address valuation Procedures FORUMS AND XAM SSAYS: hen I grade your Forum posts and xam essays I apply the following standards: For a grade of C, at a MINIMUM you must give your own thoughts and ideas, explained well with good technical writing skills. You must correctly identify the legal issue(s) presented, state the applicable rule(s) of law, apply the facts to the rule(s), and reach a logical conclusion that uses sound reasoning and is clearly explained.

4 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory For a grade of B, you must meet the C standards, AND you must also cite, in a proper manner, material from the text to support your answers and give relevant examples. For an A, you must meet the B standards AND you must do research outside of the text and properly cite it in your answer. There are dozens of legal websites listed in the syllabus, we've just been given access to Lexis-Nexis (and there's an announcement on how to use it), and there are several on-line legal dictionaries and encyclopedia. The credibility of the source is taken into consideration when determining your grade. NVR cite ikipedia. I find that ikipedia is sometimes a good starting point because it gives references to legitimate sources like court case or articles, so if you follow the links to a legitimate source you can use that source for your answers, but not the ikipedia entries. This applies to any other non-legal on-line source. ASSIGNMNTS: There will be six weekly Forum assignments based on the readings they are geared to help you prepare for the midterm and final exam. You are expected to complete these assignments. The assignments comprise 18% of the final grade and will be posted under Assignments in the electronic classroom. You are also required to submit two written case briefs. The proper format for submitting case briefs can be found in your student folder or under the Resources link. The two briefs comprise 14% of your final grade. TSTS AND QUIZZS: There are six weekly quizzes, a midterm exam, and a final exam. The quizzes and exams will be taken open book. They are posted in the electronic classroom under Tests and Quizzes. The quizzes will consist of 10 true/false questions. The exams will be a mix of multiple choice, true/false and essays. GRADS: Grades will be assigned as follows: Grade Instruments Points Possible % of Final Grade eek 1 Forum 100 3% eek 2 Forum 100 3% eek 3 Forum 100 3% eek 5 Forum 100 3% eek 6 Forum 100 3% eek 7 Forum 100 3% eek 1 Quiz 100 3% eek 2 Quiz 100 3% eek 3 Quiz 100 3% eek 5 Quiz 100 3% eek 6 Quiz 100 3% eek 7 Quiz 100 3% Case Brief % Case Brief % Midterm xam % Final xam % Total Points %

5 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory Grading Scale Please see the Student Handbook to reference the University s grading scale. Course Outline 1 Law of the Sea Convention (LOSC): Articles 1-16, 33, 46-50, 55-58, NIP 1-14M: Chapter 1 Read eek 1 Lesson (in the Reading Learning Objectives Assignment THIS IS A TO PART 1. Review the concept of jurisdiction ASSIGNMNT: 2. Recognize the distinctions between public, private, international, and domestic law 3. Describe the historical development of the Law of the Sea. 4. xplain the significance of maritime zones and how they are measured. Forum question and respond to two classmates. (2) Complete the eek 1 Quiz in the Tests and Quizzes link in the classroom The United Nations Convention on the Law of the Sea (A historical perspective): ntion_agreements/convention_hist orical_perspective.htm 2 LOSC: Articles 17-26; 34-45; 51-54; NIP 1-14M: Chapter 2; Sections Read eek 2 Lesson (in the Piracy and the Law of the Sea: ocfuydoqbkc&feature=player_e mbedded# 1. Analyze the rights and duties of flag states and coastal states in the various maritime zones. 2. xplain the navigation and overflight regimes and their applicability. 3. Describe the status of warships. 4. Define piracy and its jurisdictional limitations. THIS IS A TO PART ASSIGNMNT: Forum question and reply to two classmates. (2) Complete the eek 2 Quiz in the Tests and Quizzes tab in the classroom. Maritime Operational Zones: nt/b7c60abb-a03d cf5-01e e/maritimezones(pri

6 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory nt2) LOSC: Articles NIP 1-14M: Sections Read eek 3 Lesson (in the 1. Recognize the limits of flag state and coastal state jurisdiction in each maritime jurisdictional zone. Recognize how ships acquire or lose nationality and explain its significance. Articulate the concepts of jurisdiction based on, the Right of Visit, Constructive Presence, Hot Pursuit, and Consent of the Flag State. THIS IS A THR PART ASSIGNMNT: Forum question and reply to two classmates. (2) Complete the eek 3 Quiz in the Tests and Quizzes tab in the classroom. 4 USCG Model Maritime Operations Guide: affairs/mmog/nglish/chapter2.ht m MDLA: pls/46c705.txt Read eek 4 Lesson (in the OPA 90: ontent/lawsregs/opaover.htm MFCMA: 5/docs/MSA_amended_msa%20_ _FINAL.pdf 4. Analyze the provisions and application of the Maritime Drug Law nforcement Act (MDLA). 1. Summarize the primary laws dealing with maritime environmental pollution. 2. Survey the statutory schemes for protection of living marine resources 3. Understand the primary statutes applicable to illegal immigration by sea. 4. Describe the major international maritime conventions (SOLAS, COLRGS, SUA, MARPOL) and their applicability. (3) Brief the case of United States v.devila, et. al. which can be found in the Resources link in the classroom. *For help on writing a case brief, see the Resources link in the classroom and carefully read the directions in the assignments link in the classroom. MIDTRM XAM Take the midterm exam covering eeks 1-4. This final exam will count towards 25% of your final grade. The exam is open book. The final exam may be found under the section titled Tests and Quizzes. 5 International Maritime Organization: (See Conventions tab) Admiralty and Maritime Law (Force): pp Read eek 5 Lesson (in the Admiralty Jurisdiction: A Challenge for ven the Seasoned Practitioner: 1. Analyze the concepts of private jurisdiction and procedure in Admiralty and Maritime Cases. 2. Articulate the concept of navigable waters of the United States. 3. Describe Admiralty Jurisdiction in Tort. 4. Describe Admiralty Jurisdiction in Contract. 5. xplain the Savings to Suitors Clause. THIS IS A TO PART ASSIGNMNT: Forum question and reply to two classmates. (2) Complete the eek 5 Quiz in the Tests and Quizzes tab in the classroom

7 6 7 8 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory s/2001/orlando05.aspx Admiralty and Maritime Law (Force): pp Read eek 6 Lesson (in the Modernizing and Reforming U.S. Maritime Law: The Impact of the Rotterdam Rules in the United States y_pub_final.pdf Admiralty and Maritime Law (Force): pp Read eek 7 Lesson (in the Jones Act Seaman Status: centers/marcenter/reference_librar y/pida%20- %20Jones%20Act%20Seamen%20 Status.pdf Jones Act Vessel: centers/marcenter/reference_librar y/pida%20- %20Jones%20Act%20Vessel%20I n%20navigation.pdf Admiralty and Maritime Law (Force): pp , and Read eek 8 Lesson (in the Compilation of Maritime Laws nts/maritimelaw2008.pdf 1. Identify the different types and uses of Charter Parties. 2. xplain transportation under Bills of Lading. 3. Analyze the carriage of goods under The Harter Act and The Carriage of Goods by Sea Act. 4. Describe the liability for risk of loss under Charter Parties and Bills of Lading and how they differ. 1. Analyze Maritime Personal Injury and Death. 2. Distinguish between In Personam and In Rem Actions. 3. Describe the test for determining what qualifies as a vessel. 4. Identify the criteria for and the significance of attaining seaman status. 5. Identify remedies available to seamen and maritime worker s who do not qualify as seamen. 6. Analyze the liability and damages regime applicable to collisions, allisions, and maritime accidents. 1. Describe Limitation of Liability. 2. Understand towage, duties of the tug and tow, towage contracts, and the applicable liability regime. 3. Understand pilotage, pilotage regulation, and pilotage liability. 4. Distinguish between pure salvage, contract salvage, life salvage, and salvage awards. 5. Describe maritime liens, and how they are acquired, prioritized, and extinguished. THIS IS A TO PART ASSIGNMNT: Forum question and reply to two classmates. (2) Complete the eek 6 Quiz in the Tests and Quizzes tab in the classroom THIS IS A THR PART ASSIGNMNT: Forum question and reply to two classmates. (2) Complete the eek 6 Quiz in the Tests and Quizzes tab in the classroom. (3) Brief the case of Stewart v. Dutra which can be found in the resources link in the classroom. *For help on writing a case brief, see the Resources link in the classroom and carefully read the directions in the assignments link in the classroom. FINAL XAM Take the final exam covering eeks 5-8. This final exam will count towards 25% of your final grade. The exam is open book. The final exam may be found under the section titled Tests and Quizzes. 6. xplain the Preferred Ship Mortgage act.

8 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory 7. Analyze governmental liability and immunity under the Suits in Admiralty Act, the Public Vessels Act, and the Federal Tort Claims Act. 8. xplain General Average. Polices Please see the Student Handbook to reference all University policies. Quick links to frequently asked question about policies are listed below. Drop/ithdrawal Policy Plagiarism Policy xtension Process and Policy Disability Accommodations CITATION AND RFRNC STYL Attention Please: In this and all other course offered by the Legal Studies program students must follow The Bluebook: A Uniform System of Citation, 19 th ed., (2010) as the sole citation and reference style used in written work submitted as part of coursework to the University.. More information about Bluebook citation format can be found in the Resources links in the classroom. RITING XPCTATIONS riting must be well organized and presented in a way that clearly conveys your thoughts, using full sentences, correct spelling, and proper grammar. I prefer that you use the active voice, and ask that you avoid military jargon, slang, abbreviations, and text-speak. All written submissions should be typewritten in single-spaced Times New Roman 12 point font and submitted inside the electronic classroom (unless classroom access is not possible and other arrangements have been approved by the professor). Top, Bottom, Left Side and Right Side margins should be one inch, with reasonable accommodation being made for special situations and online submission variances. LAT ASSIGNMNTS Students are expected to submit classroom assignments by the posted due date and to complete the course according to the published class schedule. As adults, students, and working professionals I understand you must manage competing demands on your time. Should you need additional time to complete an assignment please contact me before the due date so we can discuss the situation and determine an acceptable resolution. Routine submission of late assignments is unacceptable and may result in points deducted from your final course grade. NTIQUTT Online universities promote the advance of knowledge through positive and constructive debate--both inside and outside the classroom. Discussions on the Internet, however, can occasionally degenerate into needless insults and flaming. Such activity and the loss of good manners are not acceptable in a university setting--basic academic rules of good behavior and proper Netiquette must persist. Remember that you are in a place for the fun and excitement of learning that does not include descent to personal attacks, or student attempts to stifle the discussion of others.

9 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory Technology Limitations: hile you should feel free to explore the full-range of creative composition in your formal papers, keep layouts simple. The ducator classroom may not fully support MIM or HTML encoded messages, which means that bold face, italics, underlining, and a variety of color-coding or other visual effects will not translate in your messages. Humor Note: Despite the best of intentions, jokes and--especially--satire can easily get lost or taken seriously. If you feel the need for humor, you may wish to add emoticons to help alert your readers: ;-), : ), DISLCAIMR STATMNT Course content may vary from the outline to meet the needs of this particular group. Online Library and Academic Services The Online Library is available to enrolled students and faculty from inside the electronic campus. This is your starting point for access to online books, subscription periodicals, and eb resources that are designed to support your classes and generally not available through search engines on the open eb. In addition, the Online Library provides access to special learning resources, which the University has contracted to assist with your studies. Questions can be directed to librarian@apus.edu. Charles Town Library and Inter Library Loan: The University maintains a special library with a limited number of supporting volumes, collection of our professors publication, and services to search and borrow research books and articles from other libraries. lectronic Books: You can use the online library to uncover and download over 50,000 titles, which have been scanned and made available in electronic format. lectronic Journals: The University provides access to over 12,000 journals, which are available in electronic form and only through limited subscription services. Tutor.com: AMU and APU Civilian & Coast Guard students are eligible for 10 free hours of tutoring provided by APUS. Tutor.com connects you with a professional tutor online 24/7 to provide help with assignments, studying, test prep, resume writing, and more.tutor.com is tutoring the way it was meant to be. You get expert tutoring whenever you need help, and you work one to one with your tutor in your online classroom on your specific problem until it is done. Request a Library Guide for your course ( The AMU/APU Library Guides provide access to collections of trusted sites on the Open eb and licensed resources on the Deep eb. The following are specially tailored for academic research at APUS:

10 STUDNT ARNING: This course syllabus is from a previous semester archive and serves only as a preparatory Program Portals contain topical and methodological resources to help launch general research in the degree program. To locate, search by department name, or navigate by school. Course LibGuides narrow the focus to relevant resources for the corresponding course. To locate, search by class code (e.g., SOCI111), or class name. If a guide you need is not available yet, please the APUS Library: librarian@apus.edu Selected Bibliography Borgerson, Scott G., The National Interest and the Law of the Sea, Council on Foreign Relations Special Report (Oct. 2009). Churchill, R.R. and A.V. Lowe, The Law of the Sea, 3 rd ed., Manchester University Press (1999) Fuss, Charles M., Jr., Sea of Grass: The Maritime Drug ar, , Naval Institute Press (1996). Guilfoyle, Douglas, Shipping Interdiction and the Law of the Sea, Cambridge University Press (2009). Maraist, Frank L. and Thomas C. Galligan, Jr., Admiralty Law in a Nutshell, 5 th d., Thomson/est (2005). Palmer, Gary., Guarding the Coast: Alien Migrant Interdiction Operations at Sea, 29 Conn. L. Rev (Summer 1997). Schoenbaum, Thomas J, Admiralty and Maritime Law, 4 th d., est Group (2004). Thomas, A. and J. Duncan (eds.), Annotated Supplement to the Commander s Handbook on the Law of Naval Operations, Naval ar College (1999).