Inside the Blackwall Box: Explaining U.S. Marine Salvage Awards

Joshua C. Teitelbaum

Georgetown University Law Center


Supreme Court Economic Review, Vol. 22, pp. 55-121, 2014
Georgetown Law and Economics Research Paper No. 12-017

Under U.S. maritime law, a salvor of imperiled maritime property on navigable waters is entitled to a monetary award from the owner. When the salvage service is rendered voluntarily in the absence of a contract, the court determines the salvage award according to six factors enumerated by the Supreme Court in The Blackwall, 77 U.S. 1 (1869). The law, however, does not specify a precise formula or rule for calculating awards on the basis of the Blackwall factors. How do courts turn their findings on the Blackwall factors into salvage awards? This article addresses this question by examining the reported decisions of U.S. courts in salvage cases from 1799 to 2007. It employs two statistical methods — fractional polynomial regression and regression tree analysis — to make inferences about the mapping from factors to awards implicit in the salvage cases. In addition to presenting the first systematic empirical study of U.S. marine salvage awards, which complements the traditional doctrinal analysis offered by maritime commentators, an important contribution of the article is that it showcases statistical methods that are well suited to empirical doctrinal analysis but are underutilized in legal scholarship.

Number of Pages in PDF File: 68

Keywords: U.S. marine salvage awards, maritime property, maritime law, salvage cases, salvage law, empirical legal scholarship

JEL Classification: K00, K30, K39

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Date posted: May 16, 2012 ; Last revised: July 16, 2015

Suggested Citation

Teitelbaum, Joshua C., Inside the Blackwall Box: Explaining U.S. Marine Salvage Awards (2014). Supreme Court Economic Review, Vol. 22, pp. 55-121, 2014; Georgetown Law and Economics Research Paper No. 12-017. Available at SSRN: http://ssrn.com/abstract=2060944 or http://dx.doi.org/10.2139/ssrn.2060944

Contact Information

Joshua C. Teitelbaum (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue NW
Washington, DC 20001
United States
202-661-6589 (Phone)
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