Law Commons^™

Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson

Public Land & Resources Law Review

In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.

Ridesharing's House Of Cards: O'Connor V. Uber Technologies, Inc. And The Viability Of Uber's Labor Model In Washington, Henry Ross

Washington Law Review

Ridesharing companies, namely Uber and Lyft, have taken the transportation market by storm. These companies offer a competitive alternative to taxis through using smartphone apps and more efficient service offerings. As part of their business model, ridesharing companies treat their drivers as independent contractors rather than employees to minimize labor costs. However, drivers do not benefit from remedial labor statutes and thus (1) must pay for operating costs, (2) are not guaranteed a minimum wage, and (3) do not receive overtime pay. In O’Connor v. Uber Technologies, Inc., a class of California Uber drivers are challenging their independent contractor …

The Salty Truth: Revealing The Need For Stricter Road Salt Application And Storage Regulations In The United States, Sara Labashosky

Villanova Environmental Law Journal

No abstract provided.

The Emerging Seat Belt Defense: Two Views, John A. Trerilla

Akron Law Review

The courts have recently been concerned with the new problem of whether the law of torts imposes a legal obligation upon individuals to wear seat belts. The seat belt defense is in its formative years. It was first presented less than a decade ago, and has since been presented in approximately fifty cases. To date, less than half of the judicial jurisdictions in the country have considered the defense.

Automobile Insurance Rates: Promulgation, Regulation, And Equal Protection, James J. Mcgraw

Akron Law Review

T HE INTEREST in the price one pays for automobile insurance continues to grow at a rapid pace. The reason for this growing consumer interest may be attributed to the equally increasing need for automobiles, the price paid for them, and consequently, the need for insurance protection. This insurance protection has developed into a matter of major economic consequence to the auto owner.....The key to improved and efficient rate-watching is in the good faith efforts and perseverance of the policyholders themselves. Accordingly, an examination of the effects of consumerism along with a discussion of modern rate and regulatory developments is …

Recent Development: Eec Article 85, Selective Distributorship Agreements May Not Include Prohibition On Exports, Catherine A. Modling

Georgia Journal of International & Comparative Law

No abstract provided.

Coming To A Car Dealership Near You: Standardizing Event Data Recorder Technology Use In Automobiles, Kara Ryan

Chicago-Kent Law Review

Event Data Recorders are receiving more attention as owners of automobiles have begun to realize that their driving histories are recorded. Event Data Recorders are the “black boxes” in automobiles that are installed in the vast majority of vehicles currently on the road. In the majority of states, the restrictions on what information can be retrieved from Event Data Recorders and used by police officers, advertising firms, and insurance companies remains a gray area. State laws governing Event Data Recorder technology greatly fluctuates by jurisdiction. If Event Data Recorder information falls into the wrong hands, the possession of the data …

Whistleblower Protections Of The Federal Rail Safety Act: An Overview, Christopher W. Bowman

Journal of Law and Practice

No abstract provided.

Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf

Pace Law Review

Motor-vehicle-related deaths consistently topped the accidental death count in the United States for decades. In 2009, for the first time, drug poisoning took over as the number one accidental killer. In 1980, approximately 6,100 people died from drug overdose. In the past ten years, the drug overdose rate for males and females, regardless of race, ethnicity and age, increased. In 2000, 4.1 per 100,000 people died from unintentional drug overdose; in 2010, that number rose to 9.7 per 100,000. The drug overdose epidemic, now the leading cause of unintentional death in the United States, warrants national attention.

To reduce the …

International Trade - Canada-United States - Motor Carriers - Reciprocity, Bernard Snell

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Foundations Of Aviation Law, Ian Mcandrew

International Journal of Aviation, Aeronautics, and Aerospace

This review provides insight on the content and a review of the quality of the recent release of Foundations of Aviation Law from Ashgate Publications.

This review does not reflect the views of IJAAA or ERAU. This work was not peer reviewed.

United States - Mexican Relations - 1981 Convention For Recovery And Return Of Stolen Vehicles And Aircraft - Agreement Replaces 1936 Convention And Clarifies Process For Recovery Of Stolen Vehicles, J. Kennard Neal

Georgia Journal of International & Comparative Law

No abstract provided.

Don’T Text A Driver: Civil Liability Of Remote Third-Party Texters After Kubert V. Best, Emily K. Strider

William & Mary Law Review

No abstract provided.

Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard

William & Mary Environmental Law and Policy Review

Sea level rise, extreme weather events, and other problems caused or exacerbated by a changing climate present the most serious long-term threats to transportation worldwide. Recent disasters have carried a hefty price tag, and forecasts call for more frequent and more costly damage to infrastructure and disruptions of services that are central to trade, jobs, food access, national security, health, and personal mobility. It is essential to reduce greenhouse gas pollution to lessen future damage to transportation; however, even if emissions are cut drastically at this point, the impacts of a changing climate will continue for decades. As a result, …

An App For That: Local Governments And The Rise Of The Sharing Economy, Andrew T. Bond

Notre Dame Law Review Reflection

The revolution of the Internet in the late 1990s brought consumers together in unique and unprecedented ways. The evolution of the sharing economy in the early twenty-first century builds upon the Internet’s revolution by connecting consumers and unused resources in a readily accessible and efficient manner.

At the same time, the sharing economy puts new pressures on local governments in choosing how to respond to this evolution. One method of evaluating local government responses is through a paradigmatic example. In this Essay, that case study is Uber: a novel and unabashedly antagonistic transportation service that offers on-demand taxi access through …

Comments: Judicial Messaging: Remote Texter Liability As Public Education, Morgan Gough

University of Baltimore Law Review

No abstract provided.

Department Of Homeland Security V. Maclean: What Law Is And Who Makes It, Kristine A. Bergman, Joseph Weishampel

Loyola University Chicago Law Journal

No abstract provided.

When Apps Pollute: Regulating Transportation Network Companies To Maximize Environmental Benefits, K. Casey Strong

University of Colorado Law Review

"Ridesharing"h as long been touted as a means to reduce the pollution and congestion caused by personal vehicles, but in practice has been relatively unpopular among Americans. That outlook may be changing, however, thanks to new "Transportation Network Companies" (TNCs) that toe the line between ridesharing and for-hire passenger transportation services, such as taxis and limousines. UberX, Lyft, Sidecar, and other similar services have rapidly spread to cities throughout the United States, attracting the attention of investors and ire of incumbent transportation providers. Legal commentary has thus far focused on proposed regulations' implications for liability, public safety, and fairness, but …

Maintaining The Highway Infrastructure As Alternative Fuel Vehicle Usage Increases, Sandy Manche

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.