Law Commons^™

Reviving Antitrust Enforcement In The Airline Industry, Jonathan Edelman

Michigan Law Review

The Department of Transportation (DOT) has broad but oft overlooked power to address antitrust issues among airlines through section 411 of the Federal Aviation Act. However, the DOT’s unwillingness to enforce antitrust more aggressively may be translating into higher fares and fees for airline travelers.

More aggressive antitrust enforcement is urgently needed. Recent research has revealed a widespread practice of common ownership in the airline industry, whereby investment firms own large portions of rival airline companies. Although this practice leads to higher prices and reduced competition, antitrust regulators, from the DOT to the Department of Justice and the Federal Trade …

Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell

Georgia Journal of International & Comparative Law

No abstract provided.

Deregulation Of Air Transportation Under The Aviation Act Of 1975, David A. Heymsfeld

Akron Law Review

The objective of this article is to analyze where we are after more than a year of intensive analysis and debate, with particular focus on the issues raised by the Aviation Act of 1975. What are the main contentions of the supporters and opponents of deregulation? What is the main evidence supporting these contentions? Are there areas in which further study appears desirable?

I will consider three main areas: the effect of deregulation on the price of services, the effect on the quality of services, and the effect on industry stability. Several disclaimers are needed. My analysis will of necessity …

The American Airlines Industry And The Necessity Of Deregulation, Edward M. Kennedy

Akron Law Review

AS THE CHAIRMAN of the the United States' Senate Subcommittee on Administrative Practice, I have had the opportunity in recent months to observe and review in great detail the practices and procedures utilized by the Civil Aeronautics Board (CAB) in its regulation and control of the varied aspects of the American airlines industry. During the preceeding 18 months, the Subcommittee's oversight of the operations of the CAB has been extremely comprehensive consisting of 10 days of public hearings in which 72 witnesses were called to testify before the Subcommittee. Extensive questionnaires directed to each of the individual airlines and the …

The Impact Of Governmental Regulation On Air Transportation, Hamilton Desaussure

Akron Law Review

THE FOURTH ANNUAL International Law Symposium held at the University of Akron on November 13 and 14, 1975, concerning the impact of governmental regulation on air transportation, presented the issue of whether too much regulation of the domestic airline industry exists, and if so, how such regulation can be curtailed without diminishing route stability or damaging the public interest in a broad, well-integrated air transport network. This subject is of great importance to the traveling public. It is an issue which has drawn the particular attention of Congress.

Liberalize Open Skies: Foreign Investment And Cobotage Restrictions Keep Noncitizens In Second Class, Seth M. Warner

American University Law Review

No abstract provided.

Federal Preemption Of State Law: The Example Of Overbooking In The Airline Industry, Michigan Law Review

Michigan Law Review

Such complexity is common in the airline context, both because the Federal Aviation Act1 (FAA) and the Civil Aeronautics Board (CAB) do not purport to regulate all aspects of the industry and because airline activities are so varied that they come within the reach of numerous state statutory and common-law rules. This Note will consider the power of the CAB to preempt state law and thereby to insulate airline activities from state-law liability. It will suggest a framework for analyzing the problems of preemption by focusing on airline concealment of overbooking practices. Section I explains airline overbooking and demonstrates that …

Air Law - The Federal Aviation Act Of 1958, John W. Gelder S.Ed.

Michigan Law Review

On August 23, 1958 the President signed into law the most important piece of aviation legislation to come out of Congress in the past two decades. After several study groups had worked on the air safety problem, the President acted in February 1956 by appointing Edward P. Curtis as his Special Assistant for Aviation Facilities Planning. In May 1957 the now famous Curtis Report was submitted to Congress in which it was suggested that an independent aviation agency be set up by 1959. It took several major air tragedies, however, to awaken Congress and the nation to the need for …