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.

Jim is 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 of graduates of SUNY Maritime College and its predecessor institutions that was founded in 1903. 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 is currently a member of the New York City Bar Association’s Committee on Professional Discipline, 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) 

“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,” The 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).

Numerous letters to the editor in publications including the Journal of Commerce, the New York Times, the Austin American-Statesman, and the New York Post, expressing viewpoints on topics including constitutional law, celestial navigation instruction at the United States Naval Academy, autism research, and alcohol policy.

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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 and Northern District of Illinois; United States Court of International Trade; United States Court of Federal Claims.

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