Writing Requirement

Writing Requirement Option

You have the option to meet your graduation writing requirement by enrolling in the section designated with an "R" in the course number. The requirement will be met by doing additional written work that does not go toward the final grade, but when satisfactorily completed will meet the graduation writing requirement.

While not a part of the final course grade, the project is due by the end of the course if you enrolled in the "R" designated section. If your work is not in final form and satisfactory by the time the term grades are due into the Student Records Office you will receive an Incomplete grade and not receive credit for the course until the project is complete.

You may choose to do either Project A or B. You must inform me which one you select by June 28, 2004.

Project A

Your project is to research and write an analysis of the legal issues in Admiralty Law surrounding the salvage of the shipwreck of the Civil War vessel the Maple Leaf. The shipwreck is important in that it is problably the most significant repository of Civil War artifacts known to date. Your understanding of Admiralty Law jursidiction is essential to your task and it should not be undertaken until you comfortably master the material in Assignments One and Two.

The Maple Leaf

This is essentially a research project that you design and complete to satisfy the graduation writing requirement. You should anticipate a completed paper of 15+ pages in additon to sources. Your work will follow three phases:

FIRST: Read Good Legal Writing: of Orwell and Window Panes (http://www.sims.berkeley.edu/~pam/papers/goodwriting.html) by Pamala Samuleson. This is an excellent overview on writing a research paper different from your writing types required in LLR.

THEN:

I. Read introductory sources (provided below) and determine the extent that admiralty law covers the central issues of ownership of The Maple Leaf.

II. Posit a "thesis" about the adequacy of admiralty law to handle similar current and future shipwreck finds.

III. Research and write your analysis which supports your conclusion.

This is a supervised writing project which means you will get my feedback, so you must supply me with your thesis and outline. I anticipate you will submit two drafts for my feedback before submitting the final paper. The goal is to give you direction in your writing experience and produce something you believe worthy of your skill.

Begin by reviewing these links:

The Sociology of a Shipwreck Project

(http://mapleleafshipwreck.com/Book/introduction/intro2.htm)

Ways Admiralty Law Continues to Impact Our Lives

(http://www.restoringamerica.org/flags/admiralty_impact.html)

Abandoned Shipwreck Act (http://www.cr.nps.gov/aad/submerged/intro.htm)

Project B

The detention of a vessel for purposes of a safety inspection is within the power of the United States Government, given the government's interest in regulating maritime commerce. Consider the fact pattern for the Jaasi Dimqwiddie problem then analyze and research the "justifiable detention" of Dimqwiddie and conclude whether or not it violates the freedom of the Fourth Amendment. You will not need to have taken Constitutional Law to adequately approach this problem since its focus is on Admiralty case law analysis.

THEN:

I. Read the Dimqwiddie problem.

II. You may begin your initial investigation with the following cases and statutes which you may obtain from your Westlaw access (these are given merely as a starting place and you should not rely on them soley):

14 U.S.C. § 89(a)

United States v. Maybusher 735 F.2d 366 (1984)

United States v. Torres-Sanches 83 F.3d 1123 (1996)

United States v. Villamonte-Marquez 462 U.S. 579 (1983)

United States v. Watson 678 F.2d 765 (1982)

II. Posit your solution thesis.

III. Research and write your analysis which supports your conclusion.