California v. Deep Sea Research: Leashing in the Eleventh Amendment to Keep Sinking Shipwreck Claims Afloat

Abstract

This Note will review California v. Deep Sea Research, Inc. ("DSR") and consider its consequences to those who discover abandoned aqueous shipwrecks and their artifacts who then seek to make a claim to the wreck and/or its artifacts. Part II discusses the history of the application of Article III § 2, clause 1, and the Eleventh Amendment to in rem admiralty cases. Part III sets forth the progression of federal shipwreck law from traditional admiralty law through the creation of the ASA, and also briefly explores the law(s) of various other jurisdictions. Part IV recites the facts and procedural history of DSR, ensued by an examination of the reasoning and opinions of the majority and concurring opinions in Part V. Part VI explores the probable impacts of DSR on bankruptcy law, the states, commercial salvors, and other various interests and parties. Part VII adjourns by observing that although DSR chartered a good beginning towards clarifying admiralty cases involving the Eleventh Amendment, additional clarification is required if the government truly wishes to eliminate the various negative effects of abandoned shipwreck law as it currently stands.