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Admiralty Jurisdiction: Critique and Suggestions, 50 COLUM. L. REV. 259 (1950)


When a new city plan is put into effect, ancient land-marks are likely
to come in for rough treatment. This is sometimes a matter of necessary
clearance of right of way, and sometimes merely one of conforming an antiquated style of architecture more nearly to a newer type. In the 1948 revision of the Judicial Code, the latter is the motive most likely to have been
at work in bringing about the rewording of the phrase "saving . . . [the]
common law remedy" to maritime suitors. To that time-honored language
(coeval with the federal judiciary itself), the doctrines and practices allocating
jurisdiction, as between state and federal courts, in matters maritime, have
been in effect a gloss. Whether the revised phraseology, ("saving . . . any
other remedy . . .") really means or can be taken to mean the same as the
older formula is a matter of some question.

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