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SSRN Electronic Journal
Article . 2012 . Peer-reviewed
Data sources: Crossref
Supreme Court Economic Review
Article . 2015 . Peer-reviewed
Data sources: Crossref
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Inside the Blackwall Box: Explaining U.S. Marine Salvage Awards

Authors: Teitelbaum, Joshua C.;

Inside the Blackwall Box: Explaining U.S. Marine Salvage Awards

Abstract

Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 US (10 Wall) 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This Article addresses this question by examining the reported decisions of U.S. courts in salvage cases from 1799 to 2007. It employs two statistical methods—fractional polynomial regression and regression tree analysis—to make inferences about the mapping from factors to awards implicit in the salvage cases. In addition to presenting the first systematic empirical study of U.S. marine salvage awards, which complements the traditional doctrinal analysis offere...

Country
United States
Related Organizations
Keywords

empirical legal scholarship, 330, Admiralty, salvage law, maritime property, U.S. marine salvage awards, Law and Economics, salvage cases, maritime law, Law of the Sea

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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    3
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Average
Average
Average
bronze