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So... A pre-Civil-War law for maritime accidents is still current, and that's now a gigantic and obvious problem. The U.S. Capital, where Congress originally
by bell-cot 3y ago
So...
A pre-Civil-War law for maritime accidents is still current, and that's now a gigantic and obvious problem.
The U.S. Capital, where Congress originally made that law, and still makes the laws, is 40 miles away by road.
Any bets on Congress both being competent enough to fix their law, and giving a sh*t enough to actually do that?
- ensignavenger 3y agoCongress is well aware of this law, and always has been. They have amended it many times. They have chosen not to abolish it. That has been very deliberate.
- bombcar 3y agoEx post facto laws are forbidden by the Constitution and not even in the Bill of Rights, so it's pretty damn hard to ignore.
- SAI_Peregrinus 3y agoCongress can't change the law that applies to this case, but they can change the law for all future cases. More likely they'll leave it since it limits the amount that ship-owning corporations are liable for and socialize the losses by having the taxpayers pick up the difference.
- bell-cot 3y agoSadly true. Though it may be an extremely lucrative year for congressional lobbyists who specialize in maritime law...
- tzs 3y agoThat applies to criminal law, not civil law. See Calder v. Bull, 3 U.S. (3 Dall.) 386 (1798). Here's an article that goes into great detail about the historical evidence for and against that interpretation [2]. [1] https://en.wikipedia.org/wiki/Calder_v._Bull https://en.wikipedia.org/wiki/Calder_v._Bull [2] https://web.archive.org/web/20160309043105id_/http://wisconsinlawreview.org/wp-content/uploads/2015/11/6-Zoldan-Final.pdf https://web.archive.org/web/20160309043105id_/http://wiscons...