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This page was last modified on Friday, April 11, 2014.



Click the photo of Jim Maloney shown above for his LinkedIn profile.

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Click the lagomorph (33 rabbit) stamp above left for layning, Divrei Torah, and other Judaica.

Click the partial image from Vincent van Gogh’s The Night Cafe above right for two original short stories.

FORBIDDEN STICKS: A FOUR-CENTURY BLOG TOUR (1609-2009)

LETTER TO SUNY MARITIME COLLEGE FACULTY (2000) (pdf)

FORT SCHUYLER LAND-GRANT CASE (MALONEY v. KING)

THE SAGA OF FORT SCHUYLER (J. H. TOMB, 1943) (pdf)

THE 12-VOLT SOLAR ATTIC FAN PROJECT (BLOG)

NUNCHUCKS & NATTO (SHOW-TUNE PARODY)

THE NUNCHAKU CASES (nunchakulaw.com)

FORT SCHUYLER MARINER 2003-2008

BAR ADMISSIONS USEFUL LINKS

TURKEY TROT RACE RESULTS

2013 JCC 5K RACE RESULTS

WHICH v. THAT (1995) (pdf)

MY ROPA VIEJA RECIPE

ETYMOLOGICAL PICKS

COUNTING THE HOURS

JUVENILE CRICKETRY

32-YEAR-OLD POETRY

ANCESTRAL SORCERY

AIKIDO IN GARDENING

HOW TO MAKE NATTO

ON THE LIGHTER SIDE

WHAT’S A MILLENIUM?

PAN-AND-ZEUS DIALOG

TWO (2) SHORT STORIES

THREE (3) SHORT ESSAYS

CHANTS & RANTS (JUDAICA)

ORIGINAL SONGS (SOON: MP3s)

TRACING TIME TERMS TO TALMUD

HOW DID BACITRACIN GET ITS NAME?

SMOKER’S RITES (S. MARSHALL, 1995) (pdf)

WHAT DO I BELIEVE ABOUT GAY MARRIAGE?

PARODY OF KIPLING POEM (FOR BAD JUDGES)

SUBSIDIARITY AND THE VIRGINIA PLAN (2009) (pdf)

NAVIGATIONAL ANALOGY FOR METAPHYSICS (2001) (pdf)

LETTER TO PRISON WITH BOOK FOR J. POLLARD (2011) (pdf)

James M. Maloney is a 1980 graduate of State University of New York (SUNY) Maritime College and a 1995 graduate of Fordham University School of Law. In 2004, he received the Master of Laws (LL.M.) degree at New York University School of Law, following a curriculum of study and research in federalism and federal systems, including those of the United States and the European Union.

Maloney has been employed as a merchant marine officer (1980-1987), as a paramedic at Saint Vincent’s Hospital in Manhattan (1987-1995), and as a maritime attorney at Burlingham Underwood LLP (1995-1996) and Kirlin, Campbell & Keating (1996-1999), two historic New York City admiralty firms. Since 1999, he has been engaged in private solo practice (Law Office of James Maloney), and may be reached by mail at P.O. Box 551, Port Washington, NY 11050, by telephone at (516) 767-1395, or by e-mail at maritimelaw[at]nyu.edu.

From January 2006 to January 2010, Jim served as the Secretary of the Fort Schuyler Maritime Alumni Association, Inc. (FSMAA), the not-for-profit corporation that is the successor to the original alumni association (founded in 1903) of graduates of SUNY Maritime College and its predecessor institutions. Before that, he served one full three-year term, and part of a second term, as an elected member of the FSMAA’s Board of Directors. After serving as Secretary, Maloney served another full three-year term, and part of a second term, as an elected member of the FSMAA’s Board of Directors, from January 2010 to April 2014.

Jim served as Editor of the Fort Schuyler MARINER (the FSMAA’s magazine) from 2003 to 2008, producing 11 issues during that time.

Maloney is a voting member of the Committee on Marine Torts and Casualties of the Maritime Law Association of the United States, and has served two three-year terms (1997-1999 and 2003-2005) on the Admiralty Committee of the New York City Bar Association. He was a member of the New York City Bar Association’s Committee on Professional Discipline from September 2007 through June 2014, and was the attorney who represented that organization and committee in filing a motion and amicus brief that successfully urged the New York Court of Appeals to hear the 2008 case of Matter of Zalk.

On graduation from SUNY Maritime College in 1980, Maloney was commissioned as an officer in the United States Naval Reserve, and remains commissioned in an inactive status. On graduation from Fordham Law School in 1995, Jim was awarded the Emmet J. McCormack Foundation Prize for excellence in Admiralty Law and the Whitmore Gray Prize for outstanding achievement in the study of International Law.


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PUBLICATIONS

Law Review Articles and Notes 


A Breach in Tort’s Clothing: Pleading Cargo Claims to Gain Lien Priority, 27 Journal of Maritime Law & Commerce 609-640 (October 1996). Provided a complete review of American case law addressing the pleading of cargo claims in tort in order to gain lien priority over preferred ship mortgages, then proposed and articulated a three-part test consistent with that case law by which to determine when such claims should be recognized by courts. The article has been cited in law review articles and in the United States Code Annotated (“U.S.C.A.”) at 46 U.S.C.A. § 31301.

 

Suits for the Hirsute: Defending Against America’s Undeclared War on Beards in the Workplace, 63 Fordham Law Review 1203-1244 (March 1995). Articulated a freedom-of-expression theory for challenging government restrictions on facial hair in the workplace. Cited in various law review articles and at 45A Am. Jur. 2d § 502.

 

Shooting for an Omnipotent Congress: The Constitutionality of Federal Regulation of Intrastate Firearms Possession, 62 Fordham Law Review 1795-1834 (April 1994). Argued on enumerated-powers grounds that the commerce power should not be expanded to broaden the federal criminal jurisdiction over non-commercial intrastate activities. The Supreme Court subsequently agreed in its landmark enumerated-powers/federalism case, United States v. Lopez, 514 U. S. 549 (1995). The work has been cited in judicial opinions in the Fifth Circuit and the Northern District of Alabama, in approximately 30 law review articles, notes, and comments, and in annotations in various sections of the U.S.C.A., including those for the Constitution and Title 18.

 

Book Chapter 


“Piloting and Radar Navigation,” in The Merchant Marine Officers’ Handbook (5th ed. 1989), Cornell Maritime Press. Authored text of chapter in current edition of standard treatise for masters and mates.

 

Other Publications (abridged list) 


What Good Is Celestial Navigation?,” Fort Schuyler MARINER, November 2004, pp. 22-25. Discusses continuing utility of celestial navigation techniques, including “celestial orienteering.”

 

Fighting for Basic Human Rights in the Workplace: A Conversation with Lewis Maltby [President of the National Workrights Institute],” Regional Labor Review, Fall 2003, pp. 14-21. Interview conducted July 21, 2003, in Princeton, New Jersey, appearing in the semi-annual publication of the Center for the Study of Labor and Democracy at Hofstra University.

 

Court’s Gambling Ship Ruling Expands States’ Immunity,” Fort Schuyler MARINER, August 2002. Commentary on the U.S. Supreme Court’s decision in Federal Maritime Commission v. South Carolina State Ports Authority, critical of the majority (5-4) opinion to the effect that the states are protected by sovereign immunity in administrative proceedings before federal agencies and are therefore free from challenges by private concerns when the states erect barriers to the free flow of maritime commerce in violation of federal law.

 

Nautical Education at Fort Schuyler: Here Today, Gone Tomorrow?,” The Master, Mate & Pilot, November-December 2000. Commentary on current nautical education issue in maritime union publication.

 

“Is The Jones Act an Obstacle to the Advancement of Underway Emergency Medical Care Aboard Merchant Ships?,” 4 Maritime Law Practitioner 1258 (1997). Proposed that certain aspects of the American law of seamen’s personal injury may be preventing the application aboard merchant ships of relatively recent shoreside advancements in emergency medical care. The article, in substantially the same form, has also appeared in two other publications: the SUNY Maritime College Alumni Bulletin (Vol. 42; Fall 1996) and Professional Mariner (No. 24; April/May 1997).

 

Letters to the editor in the Journal of Commerce, the New York Post, and the New York Times, on the subjects of constitutional law, alcohol policy, and celestial navigation training, respectively.


UNPUBLISHED PAPERS ON THIS SITE (pdf)


Dissent for Wickard v, Filburn” (1993) (George Cochran's Con Law class)

Toward An Embryology of Federal Systems” (2000)

The Copper Platter and the Silver Chair: Federalization of Criminal Law, State Procedural Protections, and Competing Theories of Constitutionalism” (2003)

La Via Duesovranesca” (Toward a Theory of the Liberty-Protective Attributes of Dual-Sovereign Democratic Systems) (J.S.D. Proposal) (2004)

The Unfair Exclusion of Marine Insureds from New York’s 2008 Legislative Reform” (delivered at SUNY Maritime College’s 7th Annual GBAT Conference) (aka the "Groundhog Day Event") (2012)

On Synchronicity and Simulation Training” (2013)

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BAR ADMISSIONS


New York; New Jersey; United States Supreme Court; United States Courts of Appeals for the Second and Third Circuits; United States District Courts for the Southern, Eastern and Northern Districts of New York, District of New Jersey, District of Connecticut, Northern District of Illinois, and Northern District of Florida; United States Court of International Trade; United States Court of Federal Claims.


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USEFUL LINKS


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Click the photo of the nunchaku on the Bill of Rights below for a transcript and/or audio of the June 2009 National Public Radio broadcast about Jim.
Click the tiger at right for a resolution of the apparent contradiction between free will and determinism in only three pdf pages (©2002 James M. Maloney).
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