Monday, April 30, 2018



Greetings Bi-peds! 

 Charles Krauthammer may not be an immediately recognizable name to you but in fact many of you have seen and heard him on talking head TV shows. He is a syndicated columnist on things social, cultural , and political. He is also a graduate of Harvard Medical School , a psychiatrist who was a contributor to the DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS. He has won the Pulitzer prize, and he has appeared on a regular basis on PBS and Fox networks as a commentator. He may not be a dedicated Trump fan, but is in fact a lot smarter and more sophisticated and better informed on things psychiatric than all those MSM celebrities screaming that Trump is mentally ill. As a three thousand year old retired demigod I urge my biped friends to listen carefully to Dr. Krauthammer's observations about "The Donald" , who I think also has many of the more desirable traits of a retired demigod.
Image result for Charles Krauthammer
These Photos are from Fox News. On your left Dr. Krauthammer and on your right "The Donald"
Things starting to look more familiar now?

According to a recent E-mail we received Dr. Krauthammer has an interesting take on Mr. Trump. We have not been able to find the source of the below quotes so we're going to stick our necks out by publishing them with just a few disclaimers. 

First if this is from some copyrighted source please alert us in the comments section at the bottom of this post and we will delete it immediately. It is somewhat widely published on the Internet with out attribution so we assume that it first appeared there and intended for wider dissemination. If we are wrong we apologize and will remove it immediately on notice. 

 Second, the verbiage in red signals our own catfish comments. Assuming these observations were meant for the public domain, we see no prohibition to our responding as we see fit. If in fact this was never meant for the public domain we will remove the entire post upon notice. So below please find Dr. Krauthammer's observations about Donald Trump. We think that if you like the President you will recognize some aspects of him that you like but had never been quite able to articulate. If you are a "Never Trump" you're going to hate this post. If you are a died in the wool conservative you'll also find some truth here and it is likely to disappoint you. If you are Hillary fan, that is to say a leftist, socialists, angry, economically uninformed hateful know it all; of course you're going to hate it, you hate everything anyway.

The person who forwarded this to our E-mail wrote: 

"To my friends "of a different persuasion" I'm not trying to sell anything or anyone but I do feel this is an interesting take on our very controversial president who I truly believe is not Republican or Democrat."
(Personally here at AAB we never much cared for Republicans and think Democrats are insane, we voted for Trump because we thought it time to bring in a real manager and leader, and drain the damn swamp. Our country has had enough of gross incompetent management.)  

Dr. Kruthammer apparently wrote:

"A different take on Donald Trump:  (a non-political agenda)"
"Trump Is Not A Liberal or Conservative, He's a "Pragmatist."   (Definition: A pragmatist is someone who is practical and focused on reaching a goal. A pragmatist usually has a straightforward, matter-of-fact approach and doesn't let emotion distract him or her.)  ( To which we at AAB would add that Trump is a "principled pragmatists". He clearly respects the constitution, as written, not as lefty bone heads think it should have been written. He also acknowledges that he is a Christian (Presbyterian)  so we think we can usually know his basic moral and ethical guide lines to be as found in the ten commandants as handed down by Moses in terms of things to avoid, and the Sermon on the Mount in terms of generally good things to do. We think he is actually quite predictable within these guidelines. In short he is  principled and pragmatic, like the overwhelming majority of Americans. But as much as we would all like to join there will never be an actual principled and pragmatic party in America. It would be too quickly identified as the "PP party" and you can imagine what fun the humorless and mean spirited Democrats would have with that. No the closest we will ever come is an occasional PP candidate emerging out of the Republican party, not often to the applause of the party elite. Really Romney, give it up, you're not our guy.)   
"We recently enjoyed a belated holiday dinner with friends at the home of other friends. The dinner conversation varied from discussions about antique glass and china to theology and politics.  
 At one point, reference was made to Donald Trump being a conservative, to which I responded that Trump is not a conservative.  
 I said that I neither view nor do I believe Trump views himself as a conservative. I stated it was my opinion that Trump is a pragmatist. He sees a problem and  understands it must be fixed. He doesn't see the problem as liberal or conservative, he sees it only as a problem. That is a quality that should be admired and applauded, not condemned. But I get ahead of myself.  ( We agree that pragmatism when tempered by constitutional, ethical, and moral restraints is to be lauded) 
 Viewing problems from a Liberal perspective has resulted in the creation of more problems, more entitlement programs, more victims, more government, more political correctness, and more attacks on the working class in all economic strata.  ( Can we get an "amen!" on that ! )
Viewing things according to the so-called Republican conservative perspective has brought continued spending and globalism to the detriment of American interests and well being, denial of what the real problems are, weak, ineffective, milquetoast, leadership that amounts to Barney Fife Deputy Sheriff, appeasement oriented and afraid of its own shadow. In brief, it has brought liberal ideology with a pachyderm as a mascot juxtaposed to the ass of the Democrat Party.  ( Um ...pretty close to right on, but given the choice we'd still pull the lever for the pachyderm over the donkey every time) 
 Immigration isn't a Republican problem, it isn't a Liberal problem, it is a problem that threatens the very fabric and infrastructure of America. It demands a pragmatic approach not an approach that is intended to appease one group or another.  
 The impending collapse of the economy wasn't a Liberal or Conservative problem, it is an American problem. That said, until it is viewed as a problem that demands a common sense approach to resolution, it will never be fixed because the Democrats and Republicans know only one way to fix things and the longevity of  their impracticality has proven to have no lasting effect.  
 Successful businessmen like Donald Trump find ways to make things work, they do not promise to accommodate.  
( Our collective military experience among our staff , a collective total of about 93 years, leads us to the firm belief that effective leaders would rarely win popularity contests) 
 Trump uniquely understands that China's manipulation of currency is not a Republican problem or a Democrat problem. It is a problem that threatens our financial stability and he understands the proper balance needed to fix it.  
Here again, successful businessmen, like Trump, who have weathered the changing tides of economic reality understand what is necessary to make business work, and they, unlike both sides of the political aisle, know that if something doesn't work, you don't continue trying to make it work hoping that at some point it will.  ( Because if you are so tolerant of error and stinking thinking your stockholders will run you out of your own company. To be an effective economic leader you occasionally "gotta shoot a hostage" meaning knowing how and when to say those all important words "You're fired") 
 As a pragmatist, Donald Trump hasn't made wild pie-in-the-sky promises of a cell phone in every pocket, free college tuition, and a $15 hour minimum wage for working the drive-through at Carl's Hamburgers.  
 I argue that America needs pragmatists because pragmatists see a problem and find ways to fix them. They do not see a problem and compound it by creating more problems. (More over America likes pragmatists because we are a pragmatic people. This is why the main stream media fear Trump so much. They feel they have to paint him as a monster, because once the majority realize what he actually is they will re-elect him by a land slide ) 
You may not like Donald Trump, but I suspect that the reason some people do not like him is because:
    (1) he is antithetical to the "good old boy" method of brokering backroom deals that fatten the coffers of politicians;
    (2) they are unaccustomed to hearing a president speak who is unencumbered by the financial shackles of those who he owes vis-a-vis donations; 
    (3) he is someone who is free of idiomatic political ideology; 
    (4) he says what he is thinking, is unapologetic for his outspoken thoughts, speaks very straightforward using everyday language that can be understood by all (and is offensive to some who dislike him anyway) making him a great communicator, for the most part, does what he says he will do and;
    (5) he is someone who understands that it takes more than hollow promises and political correctness to make America great again.  
Listening to Hillary Clinton and Bernie Sanders talk about fixing America is like listening to two lunatics trying to "out crazy" one another. Jeb Bush, John Kasich and Marco Rubio are owned lock, stock, and barrel by the bankers, corporations, and big dollar donors funding their campaigns. Bush can deny it, but common sense tells anyone willing to face facts is that people don't give tens of millions without expecting something in return.  
 We have had Democrats and Republican ideologues and what has it brought us? Are we better off today or worse off? Has it happened overnight or has it been a steady decline brought on by both parties?
 I submit that a pragmatist is just what America needs right now. People are quick to confuse and despise confidence as arrogance, but that is common among those who have never accomplished anything in their lives (or politicians who never really solved a problem, because it’s better to still have an "issue(s) to be solved," so re-elect me to solve it, (which never happens) and those who have always played it safe (again, all politicians) not willing to risk failure, to try and achieve success).  
 Donald Trump put his total financial empire at risk in running for president and certainly did not need or possibly even want the job; that says it all. He wants success for the U.S. and her citizens because he loves his country."

(So there you have it folks, a Harvard trained Psychiatrist is telling you that no matter what you may hear in the media Donald Trump is sane, and effective and could probably do this nation a lot of good if the lefty commie globalist, elitist snowflakes would call off their attack dogs long enough to let him do some work.  That he has gotten as much done as he has in spite of the bitter rabid constant opposition is amazing. What's his motive? The Doc says "he loves his country", say what??  A patriot , and unashamed of it; when was the last time you saw that in a public office holder? 

I'm NAMAZU and I approved this message! 

Wednesday, April 25, 2018


Small Model Ship
Photo by Jiri Hodan
In reviewing our recent stats we have found that our two most frequented sections are ADMIRALTY LAW and BOAT BUILDING.

BOAT BUILDING one of our more recently added and under built sections actually pulled in more visitors than the runner up ADMIRALTY LAW. Thank you maritime lawyers and paralegals! We do have much greater plans for the Admiralty Law section for the future but you must have noticed that we already have have some interactive research assistance features, a collection of organized hyperlinks to relevant research tools and sites in admiralty law, and reprints available to read on line of certain American Admiralty Bureau COMMENTATORS AND GUIDES. By comparison the BOAT BUILDING section began as almost an "empty room in the library". 

 Yet the boat builder visitors came in strength. Thank you boat builders. We have recently added some new books and videos in BOAT BUILDING section. Our illustration by photographer Jiri Hodan above is of a model boat or "Pond Yacht" alerting you to a relatively new feature that we are constructing for you on model boat building. Because you have clicked on "BOAT BUILDING" enough to make it the most visited of our "sections" ("special pages" in bloggereese) we have committed to a rapid expansion of quality content. We know we spend a lot of time in our blog postings on subjects of interest to naval professionals, and commercial mariners, but we treasure every visitor and now especially our professional and amateur boat builders. Without a sufficient number of visitors, as Surfing Muse (SM, our least disciplined staffer) is wont to say, "we would have to go out and get real jobs". THANK YOU AND PLEASE DROP IN OFTEN AT THE BOAT BUILDING  PAGE WE ARE WORKING CONSTANTLY AT EXPANSION AND IMPROVEMENT.

Monday, April 23, 2018


Image by Military Computer Graphics for PLAN
Up dated 5/14/2018

The Dragon launched its second aircraft carrier in April of 2017 but has yet to put it in service. China's first aircraft carrier was the refurbished LIAONING, a former Soviet air craft carrier. China commissioned the Liaoning in 2012. China's second carrier is the first completely domestically produced carrier in the Peoples Liberation Army's Navy (PLAN). With China's warship count exceeding most other world navies including the United States, and now with two capital air craft carriers , sophisticated submarines, and constant striving after such big navy skills as under way replenishment; one has to wonder how much longer the Dragon's Army will continue to maintain ownership claims over the Dragon's navy. 
 Dubbed the SHANDONG the new carrier commemorates the coastal province of China of the same name. The province of Shandong (once Shantung) has played a major historical role in Chinese commercial and industrial development. The province is also a cultural icon. It is located along the lower reaches of the Yellow River and served major roles in the development of Taoism, Chinese Buddhism, and Confucianism. Tagged appropriately 001-A the SHANDONG is configured largely as an air defense carrier. 
 The second carrier is undergoing  her first sea trials now and these are takeing place in the Bohai and Yellow Seas. The first test will be basic tests of her power and design. Completion of sea trials and commissioning and delivery to the fleet will likely take place late in the second half of this year. 
More details are available in articles at the following links:

Wednesday, April 18, 2018



USS Helena (CL-50) at a South Pacific base, circa in 1943 (NH 95814).jpg

U.S. Navy photo NH 95814

 Helena Montana is a long way from the ocean. Seventy -five years ago the US Navy had a lot of ships, lost a lot of ships, needed the nation's backing and ship sponsors. A lot of American places were commemorated  by WWII Navy ship names. Few as unlikely as land locked historic cattle town and state capital Helena, Montana. But on July 5, 1943 the USS HELENA went into battle with the forces of Imperial Japan in the Battle of the Kula Gulf thousands of watery miles form Helena. The USS HELENA went down but miraculously 730 of her 900 man crew lived to tell about it. 

Many crew members were rescued out of the water the same day. Another group was picked up the next day. A less fortunate third group spent nearly five days in life rafts losing some of their wounded before deciding to take shelter on near by Vella Lavella Island. Many of the sailors had abandoned ship and subsequently lost their shoes. The shoe less suffered terribly in crossing the coral reef to get to the shelter of the Jungle, a jungle they knew was occupied by Japanese troops. The survivors were asleep when a native group discovered them. One survivor wrote years later that one of the natives spoke broken English and made it clear that they didn't care for the Japanese and intended to help the Americans. The native rescuers carried the wounded and led the ambulatory into the jungle for miles and eventually delivered the Americans to a site with fresh water where the survivors of the HELENA built a latrine and a crude shelter. The natives provided them with an initial supply of coconuts.Later an Australian missionary named A.W.E, Silvester and two other Australian Coast Watchers (intelligence operatives) aided in the care of the survivors and arranged their rescue 12 days after the HELENA sank. 
 The USS HELENA was the second of five navy ships named for the historic cow town and Montana's capital city. the ship lost in 1943 was the first of the USS HELENA(s) to receive the Navy Unit Commendation in WWII. Prior to its loss it survived a torpedo strike by the Japanese naval air service at Pearl Harbor and sunk a number of Japanese Royal Navy war ships in other battles. The town was rather proud of the ships and a memorial to all of them is located in Anchor Park in Helena.  Not something the typical tourist to Montana's capital would be likely to expect. But for 75 years the town folks of Helena didn't know where exactly the second Helena rested with her war dead who didn't make it off the ship. 
 Paul Allen a micro soft co-founder and founder of an organization called Vulcan, Inc. has made a virtual second career out of finding the lost ships of WWII. Allen's crew found the wreckage of the USS HELENA on March 23, 2018 nearly a half mile below the surface of the sea in the Pacific near the Solomon Islands in New Georgia sound. The Allen expedition identified the ship by her hull number still visible, and comparison of the wreck with the ship's plans. The ship, her entombed sailors, the town she was named for, and surviving relatives all rest easier today. Closure is always a good thing. Rest in peace your services appreciated and your resting place known USS HELENA. 

Friday, April 13, 2018

War Crime Or Liberal Progressive Interference In The Armed Forces

Navy’s Top Attorney Accused Of Unlawful Influence As War Crimes Court-Martial Starts For SEALs

Image result for Images of Navy SEALS INSIGNIA

Earlier this week  Navy Commander Arthur Gaston, a military judge  ruled that Vice Admiral James Crawford III, the U.S. Navy's Judge Advocate General appears to have exerted unlawful command influence in a case that responded to a 2015 story by the hyper liberal and military hating NEW YORK TIMES. The New York Times screed led to charges against Special Warfare Operator (SEAL) 1st Class Daniel V. Dambrosio, Jr., and Chief Petty Officers Xavier Silva and David N. Swarts who are accused of abusing male prisoners taken at Village Stability Platform Kalach in the Chora District of Afganistan's Uruzgan Province on May 31, 2012. 

 The Navy plans a June 2018 trial for the present accused's commander Navy Lieutenant Jason L, Webb. That trial will be affected by the outcome of the ongoing investigation into the appearance of undue command influence on the part of Vice Admiral James Crawford. Our question is the obvious why did the Navy pay any attention at all to the New York Times or any other element within the US main stream media at this time in history? 

 The charges involve allegations that the SEALS and several village militiamen began committing "war crimes" after the capture of several "suspects" who may have detonated a bomb at an Afghan local police check point. According to NCIS reports of various "witnesses" the militiamen were angry over the death of one of their comrades in the blast. After detaining the men the militia men are accused of marching them to the American compound and beating them with rifle butts and car antennas. According to some reports one prisoner died in custody later that night. Three "witnesses" are reported to have claimed that the three SEALS who accompanied the Afghan militia men outside the wire joined them in "abusing the prisoners".

 Of course at this point no actual sworn testimony has been heard. We do not know if the prisoners were struck while resisting , to what level the SEALS are accused of "participating", why or how the alleged death of a prisoner occurred. We do know that the militia men are not under the command of US Forces even when US trainers accompany them into the field. We know that the charges against the SEAL's Commanding Officer scheduled to be heard in June are based on his being in the office and not present during the alleged abuse. Thus the Navy in a stretch of the imagination reminiscent of the old British charges of "failure to do his utmost" , shot admirals who lost battles, charge the lieutenant with responsibility for failure to prevent the alleged abuse . Of course according to the New York Times reports there are "witnesses" who claim that the allegedly "abused" prisoners were "innocent".   The "innocence" of the relevant prisoners is of course not based on any results of trials. Now if the allegations of unlawful command influence hold up, there may never be any trials. 

 In our opinion unlawful command influence, even the appearance of it is a direct result of higher level Navy officers charged with responsibilities in this case paying attention to main stream media interest, possibly knuckling under to politically correct media and higher command demands. The higher command will never be able to escape the public perception of misconduct in a rush to judgement to appease the politically correct civilian administration then in office. The whole case begins during the Obama administration when actually doing bodily injury to an armed enemy of the United States could land a military member in hot water, a time when most of our fighter bombers returned from sorties with  their bomb racks still full due to highly restrictive rules of engagement. 
 At this point the best thing for the nation, the military, and especially our troops in the field is to retire the Admirals involved, officially exonerate the SEALS and move on. This might not be fair to the detained prisoners in Afghanistan but they are the prisoners of the Afghan militia and not the United states. But the tainting of this case by the demands of the politically correct have made a fair trial for the SEALS impossible, if they ever should have been considered for trial. The New York Times created this issue, the main stream media sustains it. At this point in history most of the American electorate doesn't trust the commercial media. Obama "embedded" the media into our military units for the express purpose of impacting negatively their effectiveness.

  Time to disembark the media agents,  (We refuse the title of "journalists" to anyone, including ourselves today, opinion of opposing American camps is all that is in print or on air, or screen today. We at least admit when we are editorializing),  Today the military is our most trusted governmental organization, the media is our least trusted supposedly public service provider.  We desperately need to be able to trust someone. The American people need for the American Military to start holding the main stream media at arms length. The American people won't support ruining the lives of American warriors on highly dubious charges six years after events in the war zone. Return the enlisted and junior officer SEALS to duty and retire the admirals from the lamented and regrettable past administration. Move on! We are finally starting to repel ISIS in the Middle East. Now is not the time to inhibit our warriors confidence by making examples of warriors who may or may not have played a little rough on a field contested by arms six years ago. Even if everything happened as the New York Times claims, there may have been unnecessary, even in one case possibly fatal unnecessary use of force, by Afghan militia, but there was no American "War Crime". 

 In a war the job of our armed forces is to kill our enemies and break their weapons and supplies. A media agent who sees all violence or rough behavior as criminal does as much damage to the swift ( and thus humane) prosecution of the war as any enemy propaganda mill. "Collateral damage" is to be avoided as much as humanly possible but some is inevitable, rarely is collateral damage a "war crime". If we train foreign troops and they misbehave , depending on their behavior, they may or may not be guilty of a war crime. But their American coaches are at most guilty of "collateral damage". The victims of collateral damage experience  diminished life , death, property loss, or personal injury. Those who imposed real collateral damage may or may not have some moral culpability, but no criminal or civil liability. War is hell, anyone who doesn't understand that should not be allowed to cover it under the guise of "journalism". 

Wednesday, April 4, 2018


American Admiralty Books Safety & Privacy Policies   EU VISITORS WARNING POSSIBLE COOKIES AHEAD

File:America's Marine Highway long term plan.jpg
PD: US MARITIME ADMINISTRATION  America's Marine Highway System is promoted by the U.S. Maritime Administration. It exists in fact and in law though most Americans from the "dry side of the levee" are pretty oblivious to it. The program has roots deep in our history but became a matter of law in 2007 with the passage of The Energy Independence and Security Act of 2007. This act was intended to start the process of reducing overland road congestion by big trucks through the designation of marine highway routes for certain cargoes suitable for marine, transport , especially by  ferry or towboat and barge. In 2012 another law was passed expanding the scope of the program. Section 405 of the Coast Guard and Maritime Transportation Act of 2012 expanded the scope of the program beyond reducing land side congestion to include  efforts to generate public benefits by increasing the efficiency of domestic freight or passenger transportation via the Marine Highway Routes between U.S. Ports. Finally, The National Defense Authorization Act of 2012 added to the legal definition of "short Sea Shipping cargoes" those shipped in discrete units or packages aboard commuter ferries. You may find additional technical, historical, legal, and commercial information at the MARAD site

 The Atlantic and Gulf Intracoastal waterways were built between the World Wars to provide shallow draft, calm water , and submarine attack free water routes for vital military cargoes such as aviation fuels. Today the Gulf Intracoastal waterway is still the primary mover of jet fuel from Houston refineries to the air bases of the Florida Panhandle. But these canal systems carry much more than critical military cargoes. Indeed before America started building canals the coastal routes and navigable rivers were main arteries of our commerce. This didn't end after the proliferation of rail roads and highways. Indeed today our domestic Merchant Marine ( especially the towboat and barge industry)  sometimes referred to as the "Jones Act fleets" carry more tonnage of commerce between and among our states than all of the world's deep draft merchant marines carry to the United States from over seas. Considering that of 77 strategic materials that we have to have in bulk to sustain our economy that 66 must come to us by sea, you can imagine how important our larger domestic water borne commerce is. 

Image result for intracoastal waterway usa map
U.S. Army Corps of Engineers Dredge Maintaining Channel Depth On A Stretch Of The Atlantic Intracoastal Waterway

 We find the recent re-emphasis on our domestic marine commerce via the establishment of the American "Marine Highway System" interesting and long over due. Despite the many benefits of our "Cabotage Navigation"  , leaders such as Senator John McCain from  states such as Arizona which don't have any inland navigation seem to be focused on the elimination of all protection of this commerce. Fortunately. of the 50 states more than 33 benefit directly from Cabotage Navigation , Nothing about Cabotage Navigation  is really new historically. Inland and near coastal navigation between and among our states has been a principal , if not the principal, means of commerce since colonial times. For several years now we have been suggesting to our readers to read and take to heart the information in THE WAY OF THE SHIP : AMERICA'S MARITIME HISTORY REENVISIONED , 1600-2000 by Alex Roland. The highlighted title is a link to Amazon but we must print this disclaimer. We are no longer an Amazon Portal since Louisiana elected a Democrat for Governor so if you are a resident of Louisiana and you purchase via this link you must report your purchase on your state income tax return along with every other internet purchase and compute and pay the sales tax. 

SBN-13: 978-0470136003
ISBN-10: 0470136006

For a deeper explanation of how our blog was demonetized and why we are no longer an Amazon Portal check out  

Tuesday, April 3, 2018



OUR CHIEF ADMIRALTY LEGAL CORRESPONDENT, THE LATE LOUIS BRANDEIS, FORMER ASSOCIATE JUSTICE OF THE U.S. SUPREME COURT FROM 1916 to 1939, The only true legal commentator in the nation worthy of the title "ghost writer" 

An injured American seaman injured in the course of his duties  is entitled by common  law that predates the Republic and by 20th century statute to "Maintenance", "Cure", and "Lost Wages" regardless of relative "fault" for the cause of his injuries. This assured "recovery" is to be awarded the injured commercial mariner without him having to prove any fault on the part of the ship owner. But it is not a generous recovery despite its inclusive sounding name.  "Maintenance" refers to the costs to ship owners for providing the seaman a bunk and meals at sea, about enough to pay for a bunk in a flop house ashore. "Cure" refers to the point where medical doctors determine that they can do no more to relieve pain and restore function, nothing in it usually about rehabilitation, or vocational re-training. The mariner who loses a leg generally gets a peg and best wishes. "Lost wages" generally means the normal wage paid to the end of the voyage or contract, its a very lucky seaman who draws much more than a month or two base wages. 

 To many modern international trade mariners. routine over time is an important part of the wages of any voyage. Sometimes an average over time wage provision is negotiated into the shipping articles by a seaman's union. Absent a contract that the court can uphold generally seamen seeking to add over time wages to their lost wage settlement are sent empty away. In the "bad ole days" they could be seen outside the "Stone Frigates" ( seamen's flop houses) of England teaching themselves how to trod a deck on a peg leg. 

The precedent in these matters is not especially good for the seaman with no or a poorly written contract. Barnes v. Andover Co. L.P. F.2d 630 (3ird Cir.1990) does give courts the authority to impose an over time recovery where evidence is sufficient to demonstrate that the unearned wage rate in a contract or articles is insufficient for the purposes of justice and equity. "Sufficient evidence"and insufficiency and rarely found in the plaintiff seaman's favor. Recently the Third Federal Circuit ruled against a seaman's over time claim setting aside arguments that both the common law and Barnes (Supra) allowed the court to rule in the seaman's favor. In Joyce v. Maersk Line Ltd, Dist. of NJ 16-3553 the lower court ruled against the plaintiff seamen's claim for over time pay and was upheld by the applet court. The standard for proving an over time pay claim as part of the assured no fault recovery of maintenance, cure and lost wages is obviously almost impossibly high. 

 Before the middle of the 20th century the U.S. Navy eliminated its old regulations governing the lives of its enlisted sailors known as the "Rocks and Shoals" in favor of the then new Uniform Code of Military Justice . No equivalent change has occurred yet for the Merchant Mariner, the admiralty system is ancient and full of rocks and shoals over which, more frequently than not, the unlucky seaman is dragged . Mariners and their union reps need to carefully construct and negotiate over time provisions into shipping articles and contracts. Labor contracts too are probably the only way that rehabilitation might find its way into any no fault personal injury recovery.