Robert Anderson

I just dumped a bunch of fertilizer in my neighbor's crystal clear algae-free pond, to fight fascism.

What if the real reflecting pool was just a reflection of ourselves?

I’m starting to think the most important thing to me is having the “buddy seat” so my kid can keep me company. It seems like New Holland is the main one that has those in the utility tractor lines.

I am in tractor shopping mode. This is my happy place.

@derektmuller Literally.

@derektmuller Sounds like that guy got his butt kicked.

SCOTUS just granted cert in Nielsen v. Watanabe, & I'm guessing the answer to the question presented is "yes." supremecourt.gov/docket/docketf…

@CaldeiraGreg I wish I knew how to repair that stuff but I really don’t.

@ProfRobAnderson There are lots of late 1940s early 1950s Ford tractors still in circulation. They are a good size for a small property and our bulletproof.

@diffugerenivesx Not sure where the line is between those. There are some pretty big tractors mowing grass out here.

@ProfRobAnderson Like a real tractor or a John Deere lawnmower?

@HouseChambers Yes, indeed OW Holmes Jr. thought the maritime law personification of the ship was a descendant of the concept of deodand. As has often been pointed out though, deodand was not common concept on the continent where much of maritime law came from.

@ProfRobAnderson I guess you're familiar with deodands? And how they were used before the days of public liability insurance.

Here is a common maritime law situation that shows the legal personality of the ship--where the ship can be liable on a contract or tort, even though the owner is not. The owner charters the ship for a period of time to a charterer, who will use the ship for transporting cargo. The charterer has no authority to bind the owner; it's not an agent of the owner. The ship needs fuel and the charterer has the ship fueled on credit. Credit sales are typical in this context and can be a million dollars or more to refuel a ship! Terms are typically that payment is due in 30 days. The charterer doesn't pay the fuel supplier, and may even become insolvent. So the fuel supplier hasn't been paid, and it can't sue the owner because there is no privity of contract and the charterer is not an agent of the owner. But the supplier can sue... the ship! The fuel supplier has provided the ship with "necessaries" (fuel) and the necessaries are statutorily presumed ordered by one with authority to bind the ship (the charterer). As a result the ship is liable in rem under a maritime lien theory, even though the owner is not liable in personam. The charterer has authority to bind the ship even though it does not have authority to bind the owner. This is one of the more common examples where a ship can be liable even though the owner is not. So the ship is a legal person in this sense. This can also happen in tort liability and a few other contexts.

@Anons_Agent They generally aren't recorded. They are "secret" liens.

@ProfRobAnderson Or treat the ship as open collateral. But how are these liens recorded for future creditors?

@mickey_d682 Yes, the ship is arrested in port. It sometimes matters which port you choose, however, because each local court may apply different legal principles.

@ProfRobAnderson How do they enforce that, next time it ports they seize it. And can sell it or encourage the owner to settle it?

@IThinkIAgree The ship can have tort liability even when the owner is not liable. The most well-known situation is when the ship is legally required to take on a pilot who performs negligently and causes a collision through no fault of the owner.

@ProfRobAnderson How does this work with tort liability? Because I’m begging you to write the “AI’s personality theory is a ship” article. I’ll cowrite and do the grunt work if you want. I just want to read this.

There are similarities, and indeed maritime liens for necessaries are sometimes called "materialman's liens." But maritime liens can arise from contracts, torts, and other types of liabilities and don't require any filings. They are sort of like a way to treat the ship like a subsidiary of the owner.

@ProfRobAnderson How is this different than a mechanics lien and a suit against the property?

@AlexNunn That’s the Ozarks

There's nothing better than seeing your kids fall in love with nature. Our national parks are simply incredible.

@Pete_Candy Yes, the ship will be sold free and clear of all liens in a judicial sale. Often, however, the owner will have posted a bond or other security to have the ship released so that doesn't happen. Fuel sales are often secured only by the ship.

@ProfRobAnderson How is this usually resolved, i.e., if no one comes forward to satisfy the debt, is the ship liquidated to pay off the creditor? Also, when suppliers fuel the ship on credit, is the 'loan' unsecured?

This is the approach under US maritime law. It's different under the law of most other countries, including England. This favorable maritime lien framework is the main reason many suppliers all over the world are increasingly choosing US law to apply to contracts.

@_Previously_On_ The lien stays attached to whatever is left of the ship. If there is no value left, then the lien isn't worth anything.

@ProfRobAnderson Does your maritime liens research/paper touch one what happens when a ship with a lien on it sinks or is scrapped?

Whatever the merits Obama Library building, I will have a hard time overlooking this.