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Full-Text Articles in Law
The Legal And Institutional Framework For An Airport Noise-Compatibility Land Use Program, Mark Kantor
The Legal And Institutional Framework For An Airport Noise-Compatibility Land Use Program, Mark Kantor
University of Michigan Journal of Law Reform
This article will assess the constitutionality of zoning to promote noise-compatible development and the problems of establishing an institutional framework for such land use management. Particular attention will be paid to the location of authority to administer a noise-compatibility program and to procedures for enforcing the program's goals.
The Constitutionality Of Airport Searches, Michigan Law Review
The Constitutionality Of Airport Searches, Michigan Law Review
Michigan Law Review
This Note will discuss airport searches in comparison to several situations in which the courts have found that the requirements of the fourth amendment do not apply or are satisfied even in the absence of a warrant: border searches, administrative searches, stop-and-frisk searches, and searches under express or implied consent. None of these are perfectly analogous to the present airport procedures. Therefore, if airport searches are to be allowed, either the procedures must be modified to fit the established exceptions, or a new exception to the warrant requirement of the fourth amendment must be created.
Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed.
Constitutional Law-Taking Private Property For Public Use-Control Of Airspace, Robert K. Eifler S.Ed.
Michigan Law Review
The airspace above land is the object of at least five conflicting claims of right. The owner of the land beneath it claims the right to use it and at least a limited right to prevent its use. The aviator demands the right to fly through it. The airport operator, whether governmental agent or private individual, has an interest in keeping it free from obstructions. The state claims sovereignty over it. The federal government claims the power to control it for the purposes of interstate commerce as well as international relations.
Aeronautic Servitudes: A Comparative Study, José Ignacio Perdomo-Escobar
Aeronautic Servitudes: A Comparative Study, José Ignacio Perdomo-Escobar
Michigan Law Review
Air servitudes may be of two types: international servitudes, regulated by the law of nations, or servitudes of domestic public law, regulated by administrative law.