In Re: Air Crash Off Long Island, New York, on July 17, 1996

SOTOMAYOR, Circuit Judge,'

dissenting:

In an understandable desire to provide the relatives and estate representatives of *216the 213 victims of the TWA Flight 800 crash with a “more generous” recovery,1 ante at 209, the majority fails to give proper effect to the limiting language of Proclamation 5982; to DOHSA’s language, legislative history, and purpose; and to a wealth of case law since DOHSA’s passage, all of which support the inexorable conclusion that DOHSA applies to all deaths occurring “beyond a marine league [three nautical miles] from the shore of any State,” 46 U.S.C. App. § 761, and…