Friday, April 03, 2020
Hawai'i Free Press

Current Articles | Archives

Saturday, May 02, 2015
Jones Act Industry Lawyer Addresses Full Repeal Strawman
By Michael Hansen @ 2:48 AM :: 3335 Views :: Jones Act

Jones Act Industry Lawyer Addresses Full Repeal Strawman

by Michael Hansen, Hawaii Shippers Council, May 1, 2015

The Journal of Maritime Law & Commerce published an interesting paper, “Myth and Conjecture? The ‘cost’ of the Jones Act,” written by four members of the K&L Gates law firm lead by Mark Ruge, Partner and co-chair of the firm’s Public Policy and Law Practice.  The G&L Gates law firm is a K Street practice and one of the ten largest law firms in the U.S.

A veteran of more than a decade as a staffer on Capitol Hill, Mr. Ruge serves as counsel to the American Maritime Partnership, the largest coalition in the history of the U.S. maritime industry, and represents numerous other transportation clients on federal policy issues.  The American Maritime Partnership (AMP) is the primary Jones Act industry trade association whose raison d'être is to mount a very active defense of the nation’s cabotage laws.

The primary thrust of the paper is to outline the problems of operating a foreign flag ship exclusively in the domestic coastwise trades of the United States if the Jones Act and related laws were to be repealed.  Mr. Ruge and his co-authors have correctly identified the problems of operating a foreign flag ship in these circumstances, which makes such an operation largely infeasible.

Ensuring that any relaxation of the Jones Act would not change the current application of the rest of the federal and state regulatory environment to both domestic and foreign ships operating in domestic trades is an important position for the Jones Act industry and they refer to it as the “level playing field,” as another line of cabotage defense.

Mr. Ruge and his co-authors did not discuss moderate Jones Act reforms such as U.S. Senator John S McCain’s legislative proposals of 2010 and 2015 eliminating the domestic ship build requirement.  Nor did they contemplate in their paper the current use of foreign flag ships in the noncontiguous trades with American Samoa and the U.S. Virgin Islands, and the protocols for employing foreign flag ships in domestic transportation under emergency Jones Act waivers.  Those items would have provided more nuance, but of course, the counsel to the Jones Act industry wants to put forward the most extreme case of a full nationwide repeal of the Jones Act to act as a strawman and argue against any changes to the coastwise laws.

Given the very strong case Mr. Ruger and his co-authors make that operating a foreign flag ship exclusively in domestic trade in the absence of the Jones Act would be infeasible, leads one to wonder why his clients at the American Maritime Partnership are so frightened by Jones Act reform?


Attachment: Myth and Conjecture? The “Cost” of the Jones Act

Journal of Maritime Law & Commerce, Vol. 46, No. 1, January, 2015

Mark Ruge, Partner and Co-Chair, Public Policy and Law Practice, K&L Gates (Washington, DC), J.D. Georgetown University Law Center.

Darrell Conner, Government Affairs Counselor and Co-Chair, Public Policy and Law Practice, K&L Gates (Washington, DC), B.A. James Madison University.

Nickolas Milonas, Associate, K&L Gates (Washington, DC), J.D. American University Washington College of Law.

Sarah Beason, Associate, K&L Gates (Washington, DC), J.D. William and Mary School  of Law.




TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii