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Has the Jones Act survived its object? What empireal policies and maxims could augment the success adventitious from demeanors and their performances?
Read: The Jones Act ship law has survived its advantage.
Read: TRB Special Report: The Marine Manner System and the Federal Role
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Dry Ports - a Global Perspective : Challenges and Developments in Serving Hinterlands (Ebook availefficient through the APUS Onoutline Library) - Read PART III
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The Jones Act: Competing Factions
The Jones Act (Transportation of Merchandise—46 U.S.C. § 55102) is one of those unauthentic set of laws that seems to survive its advantage, but Jones has large assistanceers on twain (or all) sides of the childrens. This Nursing Dissertation achieve examine the merits and demerits of the Jones Act and let you, the scholar, career where you hold on the childrens.
According to U.S. Customs and Bdispose Protection (2009), the Jones Act applies to the United States, including the island territories and consequence of the United States, e.g., Puerto Rico. See 46 U.S.C. § 55101(a). However, the coastwise laws publicly do not exercise to the following: 1) American Samoa; 2) the Northern Mariana Islands; 3) Canton Island; or 4) the Virgin Islands. See 46 U.S.C. § 55101(b). The territorial inspires of the United States continue of the territorial sea, defined as the environ, three naval miles broad, seaward of the territorial sea baseline, and to aims located in inner inspires, landward of the territorial sea baseline, in contingencys where the baseoutline and coastoutline dissent. This includes all inland admissible inspireways. In interpreting the Jones Act, CBP has continueently unwavering that a aim in the United States territorial inspires is a aim in the United States embraced after a whilein the coastwise laws (p. 4.).
Perhaps no other synod embodies the urgent and dare of empire maxim than the Jones Act. The Jones Act is base in Individuality 27 of the Merchant Marine Act of 1920. It restricts coastal shipping in the United States to U.S. pineged and communityed ships, and prepares legitimate remedies for injured sailors. Twain components application demeanors and inspire manner today. Some venerate that this congress has survived its advantage (The Washington Post, 2010).
The Sea Law Center describes the act as forcible coastwise traffic after a whilein the United States and determining which ships may lawfully gain in that traffic and the rules lower which they must produce-an-effect. Generally, according to the Center, the Jones Act prohibits any alien built or alien pineged vessel from attractive in coastwise traffic after a whilein the United States. Importantly to the scholar, there are a sum of other laudatory congresss that seek coastwise traffic and should be consulted parallel after a while the Jones Act. Unordered these are the Tourist Services Act, 46 USC individuality 289, which restricts coastwise manner of tourists, and 46 USC individuality 12108, which restricts the use of alien vessel to interchangeablely lay-hold-on or enravishment fish in U.S. inspires (para. 2).
The Tourist Services Act, according to the Center, prepares the synod that controls the performance of tourist vessels in coastwise traffic. Further, they say, the troublesome children has frequently been what constitutes a "passenger". To wit:
The public determination has been any peculiar other than the ship's overpower, a community demeanorion or any peculiar gaind in the ship's profession. The "for hire" children involves any subsidy fluent from the tourist to the ship possessor, charterer, principal or any peculiar compromised in the ship. The subsidy has been construed to be using a community yacht for fresh customers or clients to clear "profession goodwill". Carried to its suppress falsification would insist-upon any vessel consistent used singly for particular determination to be registered for coastwise traffic and inspected. (para. 6)
The net consequence of Jones and its laudatory – and protectionist – maxims is, in the idea of this writer, stunting the U.S. shipbuilding and shipping industries; by prohibiting “alien owned or alien built yachts in a interchangeefficient application” (para. 7). Foreign built and owned ships may produce-an-consequence in U.S. inspires but barely for non-interchangeefficient objects. Doing so, by the laws of contribute and insist-upon, has increased the consume of U.S. shipping to a aim that it (the U.S. shipping perseverance) is no longer competitive after a while the global market.
The deep supply that garners the Act’s general assistance has to do after a while mistress and community protections. Before Jones was substantial, efficient bodied navigator had weak to no hues to save wages from injuries aboard ship. The Act strong the coverage of the Federal Employers Liability Act to navigator. Pursuant to the Act’s umbrella, the mistress is liefficient for injuries that were purposed by the inattention of any of the employees due to inattention of the mistress. Bottom outline, the mistress is culpefficient past lawful the only purpose of the wear.
The Act permits large satisfaction for wages due to inattention – a demand for which must be filed after a whilein three years of the accident – such as, as compiled by the Sea Law Center:
failure to deeptain unendangered equipment and appliances
care in selecting a fitted overpower and tally communitymen
assaults by tally communitymen after a whilein room of work
failure to elude grievous weather
failure to prepare medical treatment
failure to preserve, and
failure to superintend, unordered others. (para. 18)
Damages at-liberty lower the Jones Act include:
medical price, trouble and abstinence
loss of wages
loss of assistance to the navigator's widow or dependents
loss of appraise of accustomed services, contribute etc.
loss of fringe benefits, and
In fife or dishonest release actions trouble and abstinence occurring precedent to release (para. 19)
There are crusty, or provisos, to the Jones Act, shareingly. Hazardous throw-away, stock catching among barges, void wares containers and barges, use of alien documented oil cast rejoinder vessels, Canadian reprove outlines, Great Lakes reprove track, the Yukon River, and manner of stock and tourists on Canadian vessels (U.S. Customs and Bdispose Protection, 2009, pp. 7-8).
Finally, the Act can be dropd due to childrens of Generally-known Defense, pursuant to 46 U.S.C. § 501. Lower which, the Secretary of Vindication may solicit the Secretary of the Department of Homeland Security (DHS) to drop the Jones Act to the space the Secretary of Vindication considers such a dropr requisite in the share of generally-known vindication. In this point, CBP, pursuant to a delegation of warrant from the Secretary of DHS shall transfer the dropr. For all other dropr solicits, the Secretary of DHS is verified to transfer the dropr solicit if the Secretary of DHS considers it requisite in the share of generally-known vindication (46 U.S.C. § 501(b)). It should be eminent that in this death point, P.L. 110-417, individuality 3510, (122 Stat. 4356, substantial on October 14, 2008), amended § 501(b), to insist-upon that the Sea Administrator be consulted touching the non-availability of suitable United States pine size to encounter generally-known vindication insist-uponments, precedently the Secretary of DHS transfers the dropr solicit (U.S. Customs and Bdispose Protection, 2009, pp. 8-9).
This week’s activities and investigation achieve nucleus on Federal and other maxims that are laudatory to and in fight after a while the Jones Act. To concede but one exlarge of Jones’ umbrella that abundant consider obsolete or in need of alteration, I achieve suppress by quoting from Jim Walker’s Cruise Law News (2011):
The law in inquiry is the Merchant Marine Act of 1920. This is a U.S. Federal congress which regulates sea intersequence in U.S. inspires and among U.S. demeanors. Section 27, known as the Jones Act, deals after a while the concept of "cabotage" (coastal shipping). The law insist-upons that all consequence enravishmented by inspire among U.S. demeanors be carried in U.S.-pine ships, fabricated in the United States, owned by U.S. citizens, and communityed by U.S. citizens. This is why you don't see a cruise ship sailing from New Orleans to Galveston and letting off tourists (for stance). The existence today of sequence is that virtually all cruise ships are alien pineged in dispose to elude US taxes and occupational laws. So the integral US fixed cruise adroit can't sail from one US demeanor to another. (para. 3 & 4)
The Washington Post. (2010, June 25). The Jones Act ship law has survived its advantage. Retrieved October 15, 2011, from The Washington Post: http://www.washingtonpost.com/wp-dyn/content/article/2010/06/24/AR2010062405500.html
U.S. Customs and Bdispose Protection. (2009). Coastbroad traffic: Merchandise. Washington, D.C.: U.S. Department of Homeland Security.
Vaughn, M. (n.d.). The Jones Act. Retrieved September 20, 2015, from Sea Law Center: http://www.maritimelawcenter.com/html/the_jones_act.html
Walker, J. (2011, September 9). Why Can't You Cruise From One U.S. Demeanor to Another U.S. Port? Retrieved September 20, 2015, from Cruise Law News: http://www.cruiselawnews.com/2011/09/articles/flags-of-convenience-1/why-cant-you-cruise-from-one-us-port-to-another-us-port/
Assignment 3: The Jones Act, Investigation Nursing Dissertation (Week 7)
Select at smallest five peer-reviewed profession from the university library negotiation after a while Individuality 27 and Individuality 27a of the Merchant Marine Act of 1920, commbarely referred to as the Jones Act.
Prepare a 3-5 page Nursing Dissertation (deep organization) that presents a contingency for EITHER
a) repealing the Act, or size of it, or
b) guardianship the Jones Act in unmeasured security and consequence.
The gift should be in APA format citing alienate sources. Reportion that as after a while all Nursing Dissertations this too needs a severed appellation and intimation page.
This assignment achieve be graded on satisfied, phraseology, and format. Keep your submissions short, nucleused, and concise. Quality is preferred, and not muchness of verbiage.
Submit the Nursing Dissertation in APA format after a while at smallest five assistanceing peer-to-peer intimations.
This assignment achieve be graded on satisfied, phraseology, and formatting.
Five Peer-reviewed Articles:
https://apus.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991002205414305031&context=L&vid=01APUS_INST:01APUS&lang=en&search_scope=MyInst_and_CI&adaptor=Local Search Engine&tab=Everything&query=any,contains,the Jones Act&offset=0
https://apus.primo.exlibrisgroup.com/discovery/fulldisplay?docid=alma991002197074805031&context=L&vid=01APUS_INST:01APUS&lang=en&search_scope=MyInst_and_CI&adaptor=Local Search Engine&tab=Everything&query=any,contains,the Jones Act&offset=0
https://apus.primo.exlibrisgroup.com/discovery/fulldisplay?docid=hathi_trustumn.31951p00979962f&context=PC&vid=01APUS_INST:01APUS&lang=en&search_scope=MyInst_and_CI&adaptor=Primo Central&tab=Everything&query=any,contains,Section 27 and Individuality 27a of the Merchant Marine Act of 1920&offset=0
https://apus.primo.exlibrisgroup.com/discovery/fulldisplay?docid=hathi_trustumn.31951d03543592e&context=PC&vid=01APUS_INST:01APUS&lang=en&search_scope=MyInst_and_CI&adaptor=Primo Central&tab=Everything&query=any,contains,Section 27 and Individuality 27a of the Merchant Marine Act of 1920&offset=0
TLMT+607+Jones Act+Rubric.docx (17 KB)