Law Commons^™

“The Biggest Problem With You…”: Racial Profiling And Canada’S Program Of Extra-Territorial Migrant Interdiction, Simon Wallace, Benjamin Perryman, Gábor Lukács, Sean Rehaag

All Papers

On April 3, 2019, Andrea and Attila Kiss tried to board an Air Canada Rouge flight from Budapest to Toronto. Andrea’s sister was ailing, and the couple planned to visit Canada for two months to support her family. Their travel was legitimate and lawful. Their documents were in order. But when they lined up to check in, Andrea made a mental note of a fact that was about to become relevant: as members of the Hungarian Roma community, they were the only racialized people in line.

Andrea and Attila did not reach the check-in counter. They were stopped and pulled …

Drones Across The World: Laws And Policies, Sarah Nilsson

OER Main

Navigating the world’s drone and advanced air mobility laws is a daunting but critical task if you are in the aviation industry. Hence the need to formalize the relevant material and create this eTextbook (webbook). While still copyrighted content, it is freely distributed worldwide under a Creative Commons, non-commercial, and non-derivative license. This webbook is structured the way the United Nations views the globe, in 6 main areas, Northern America, Latin America and the Caribbean, Oceania, Europe, Asia, and Africa. It is easily searchable by country if used as a reference guide. This webbook has an interactive design with hyperlinks, …

U.S. Government Aviation Safety Information Resources, Bert Chapman

Libraries Faculty and Staff Presentations

Presentation covering U.S. Government aviation safety information resources. Topics addressed include U.S. laws,legislation, regulations, court cases, information resources from agencies such as the Federal Aviation Administration, Transportation Security Administration, National Aeronautics and Space Administration, congressional aviation oversight committees and congressional support agencies including the Congressional Budget Office, Congressional Research Service, and Government Accountability Office.

Engines By Ge, Body By Houdini: State Secrets As A Procedural Restraint To The Resolution Of Disputes, Les Schiefelbein

Les Schiefelbein

Virtually every national government has a state secrets doctrine. The doctrine is best defined as “any information that, if disclosed publicly, would be reasonably likely to cause significant harm to the national defense or foreign relations of a government.”

Let me give state secrets some practical context and review how it is applied in the United Kingdom, the United States and France.

The best aviation description of my comments on state secrets is “Engines By GE, Body By Houdini.” The illusionist reference is an aviation descriptor of stealth airplanes whose invisibility to radar detection is like the state secret doctrine …

The Aircraft Sector Understanding: New Financing Rules That Reflect The Aviation World Of Today, Daniel Friedenzohn

Daniel Friedenzohn

In late February, the Organisation for Economic Cooperation and Development (OECD) held a signing ceremony for the new Aircraft Sector Understanding (ASU) that governs export financing rules for aircraft manufactured in all OECD countries and Brazil. Unlike a treaty, which results in countries adopting a document with compulsory obligations, this accord is a “soft law” non-binding arrangement. And yet, this multilateral gentlemen’s agreement, in its many versions, has been an effective tool in providing financing rules for civil and commercial aircraft. The ASU sets forth the most favorable terms that can be extended by export credit agencies to eligible parties …

Balance And Alliance, Daniel Friedenzohn

Daniel Friedenzohn

DOJ's lawsuit against the AA-US Airways merger imposes an unanticipated and misguided delay in the US airline industry's long desired transformation.

Balance And Alliance, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

DOJ's lawsuit against the AA-US Airways merger imposes an unanticipated and misguided delay in the US airline industry's long desired transformation.

The Aircraft Sector Understanding: New Financing Rules That Reflect The Aviation World Of Today, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

In late February, the Organisation for Economic Cooperation and Development (OECD) held a signing ceremony for the new Aircraft Sector Understanding (ASU) that governs export financing rules for aircraft manufactured in all OECD countries and Brazil. Unlike a treaty, which results in countries adopting a document with compulsory obligations, this accord is a “soft law” non-binding arrangement. And yet, this multilateral gentlemen’s agreement, in its many versions, has been an effective tool in providing financing rules for civil and commercial aircraft. The ASU sets forth the most favorable terms that can be extended by export credit agencies to eligible parties …

Spaceship Sheriffs And Cosmonaut Cops, Lee Seshagiri

Dalhousie Law Journal

This paper examines some of the current legal regimes applicable to criminal law in outer space and offers insights into options for future legal developments in the cosmos. It begins by setting out the context for law enforcement in outer space, emphasizing the commercial nature of future space exploration and the need for laws and law enforcement in that environment. Next, various methods for assigning legal jurisdiction in space are examined, and the underlying justifications for the exercise of such jurisdiction are considered. The paper goes on to explore preventative approaches to space crime, highlighting the usefulness of such approaches …

Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz

Northwestern Journal of International Law & Business

On September 1, 1983, over the Sea of Japan, a Soviet Union military aircraft destroyed a Korean Air Lines Boeing 747 en route from Kennedy Airport in New York to Seoul, South Korea. All 269 persons on board the plane were killed. The Warsaw Convention ("Convention"), a multilateral treaty governing the international carriage of passengers, baggage, and cargo by air, provides a per passenger damage limitation for personal injury or death. The Convention further provides that passenger tickets must include notice of this limitation, and a private accord among airlines known as the Montreal Agreement ("Agreement") states that this notice …

Recent Cases, Stephen K. Rush, Joseph A. Latham, Jr.

Vanderbilt Law Review

Conflicts of Law--Federal Preemption--Aviation Law

Appellant-defendants, the United States' and a national airline whose plane had been involved in a mid-air collision while under radar direction from the FAA, agreed to a settlement of the resulting actions for wrongful death that had been initiated in various federal district courts and consolidated in the Southern District of Indiana. Appellants then sought indemnity and contribution by cross-claim and third-party complaints against appellee-defendants, the owners of the other plane involved in the collision and the estate of its student pilot. The appellees contended that since no right to indemnity and contribution existed under …

The Colonial Airlines Case: Treaties And Executive Agreements Relating To Aviation, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Liability For Accidents In Aerial Navigation, Simeon E. Baldwin

Michigan Law Review

It cannot be long before the American courts will be called upon to decide whether, under the principles of the common law, aeronauts, who cause damage by a descent to the earth, are liable at all events, or only when chargeable with negligence or want of skill. Is there a right to navigate the air, corresponding to the right to navigate the sea? ·