Law Commons^™

Evaluating The Progress Of The Liberalization Of International Aviation Toward Open Skies, Tyler B. Spence, Daniel Friedenzohn, Steven M. Leib

Publications

The United States has engaged in well over 100 Open Skies Agreements with other ICAO member state partners reaching all parts of the globe. These Open Skies Agreements have established a practice of liberalization for airlines to have the most freedom to choose when, where, how often, and for how much they fly to locations. Despite a majority of ICAO member state partners engaging in Open Skies, there has been a reluctance of the member states to engage in the same practices with other aviation partners for similar access. A similar pattern is also evident for liberalization through the Freedoms …

Digital Disruption Solution For Airlines In Brazil, Camila Bisinoto Borges, Cristiane Lunardi Das Neves Rodrigues, Daniel Dias Landroni, Tatiane Mendonça, Leila Halawi

Publications

Since March 2017, the cost of denied boarding began to draw all Brazilian airlines' attention because of the Resolution 400 of the Brazilian National Civil Aviation Agency. This Resolution covers several items, but we will focus on the penalty that the airlines need to pay for each passenger who had his boarding denied involuntarily in domestic flights. Our goal is to create a plugin that any airline could use in their self-service check-in channels and direct communication with the passenger. It could also become a way to offer proactive accommodation options and monetary compensations due to itinerary or ticket schedule …

Beyond The Noise: The Airport Proprietor Exception And The Long Beach Airport Experience, Daniel Friedenzohn

Publications

This article addresses how the legal landscape has evolved for airports to regulate noise activity. Part one of discusses the federal role in regulating airport noise. Part two addresses the development of the airport proprietor exception as a legal pathway for airports to regulate airport noise. Part three provides a brief overview of the codification of the airport proprietor exception and the additional role that the federal government adopted with respect to regulating aviation noise. Part four addresses the legal action brought forth by airlines challenging the City of Long Beach airport’s restriction on flight operations. Part five will discuss …

Stem And Sustainability: Creating Aviation Professional Change Agents, P. Clark, Doreen Mcgunagle, L. Zizka

Publications

With the evolution of the workforce and the growing needs of the aviation industry, a clear need for concrete sustainability initiatives and actions have emerged. Sustainability in this sense becomes a matter of survival. For this reason, in this chapter, we will attempt to close three gaps in current sustainability studies: Theory vs practice, intention vs behavior, and education vs workplace.

Our purpose is to develop a ‘simple’ strategy for integrating all three pillars of sustainability into STEM HE programs that create authentic engagement and real buy-in from the students that are then replicated in the workplace. Based on the …

Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston

Publications

Commercial human spaceflight presents an area for engaging novel human activity and objectives, to include space exploration, entertainment, transportation and extraterrestrial resource acquisition. The inherent dangers and lack of scientific and medical certainty involved however raise interrelated questions of ethics, bioethics, law and public policy. This is particularly the case with spaceflight participant (SFP) screening, selection, and commercial human spaceflight activities where regulations are currently silent or lacking. In the absence of established law, ethics can play an important role by informing industry standards, policies and best practices. Understanding the fundamental ethical values at stake in the application of new …

That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak

Publications

Building, deploying, and maintaining systems with sufficient cybersecurity is challenging. Faster improvement would be valuable to society as a whole. Are we doing as much as we can to improve? We examine robust and long-standing systems for learning from near misses in aviation, and propose the creation of a Cyber Safety Reporting System (CSRS).

To support this argument, we examine the liability concerns which inhibit learning, including both civil and regulatory liability. We look to the way in which cybersecurity engineering and science is done today, and propose that a small amount of ‘policy entrepreneurship’ could have substantial positive impact. …

Wide-Scale Small Unmanned Aircraft System Access To The National Airspace System, John Robbins, Brent Terwilliger, David Ison, Dennis Vincenzi

Publications

Expected revisions of federal policies and regulations for the operation and certification of small unmanned aircraft systems (sUAS) are anticipated to significantly increase the volume of traffic in the National Airspace System (NAS). By investigating critical needs of regulatory compliance and safety, as well as new advancements, it may be possible to identify strategies to address the most pressing concerns of sUAS integration. Findings and recommendations from this research are presented to highlight implications and possible solutions to urgent needs of UAS stakehold-ers, including industry, government, and academia.

2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq.

Publications

The International Symposium for Personal and Commercial Spaceflight (ISPCS) is a nonprofit independently run annual event, that has taken place these past 11 years, whose speakers capture the growth and diversification of the global commercial space industry in the form of short powerful talks. Hence, it was appropriate that a 2015 snapshot of the commercial space industry should look at this body of experience and knowledge. The key developments, the key players and an accurate state of the industry are hereby presented through the eyes of the ISPCS from this past eleventh symposium that spanned two days and was held …

Regulating Real-World Surveillance, Margot E. Kaminski

Publications

A number of laws govern information gathering, or surveillance, by private parties in the physical world. But we lack a compelling theory of privacy harm that accounts for the state's interest in enacting these laws. Without a theory of privacy harm, these laws will be enacted piecemeal. Legislators will have a difficult time justifying the laws to constituents; the laws will not be adequately tailored to legislative interest; and courts will find it challenging to weigh privacy harms against other strong values, such as freedom of expression.

This Article identifies the government interest in enacting laws governing surveillance by private …

The Role Of Unmanned Aircraft Systems (Uas) In Disaster Response And Recovery Efforts: Historical, Current And Future, Dennis Vincenzi, David C. Ison, Brent A. Terwilliger

Publications

A wide range of legislation has been proposed or put into place that restricts the use of unmanned systems. These actions by legislators and regulators will stifle the growth of this technology and the associated surrounding industry. The largest obstacle to the proliferation of UAS in the U.S. is the FAA. The FAA has designated the location of six test sites that are anticipated to allow for less restrictive and formative research to assess the technologies that the FAA has claimed need to exist in order to integrate UAS into the NAS. Further complicating the adoption of UAS for beneficent …

Developing Space: Political And Socio-Economic Rationales Of Emerging Space Programs, Sandra Cabrera-Alvarado, Sara Langston, Tanay Sharma

Publications

A presentation on developing space programs in Latin America and the need to work together cooperatively to maximize budgets to support scientific and technological research.

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Publications

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as …

Access Mars: Assessing Cave Capabilities Establishing Specific Solutions: Final Report, Abdul Mohsen Al Husseini, Luis Alvarez Sanchez, Konstantinos Antonakopoulos, Jeffrey (Johannes) Apeldoorn, Kenneth Lowell Ashford Jr., Kutay Deniz Atabay, Sara Langston, Et Al.

Publications

The human race has evolved, grown and expanded through the exploration of Earth. After initial steps on the Moon, our next challenge is to explore the solar system. Mars shows potential for both scientific discovery and future human settlement, and so is a prime candidate for the next leap of human exploration. Such a bold endeavor will be a driver for an unprecedented worldwide cooperative effort and the catalyst for a new era of international, intercultural and interdisciplinary human relations. Scientific and technological progress will also accelerate as mankind is ushered into a new era of space exploration.

Currently proposed …

Procedure For The Protection Of Civil Aircraft In Flight, Sompong Sucharitkul

Publications

This Article will propose rules, principles, and guidelines for nations to follow in order to protect civilian aircraft. Nations that destroy civilian aircraft must be held responsible for their actions regardless of whether the destruction was intentional. Two recent, notorious incidents stand out that require public attention and further in-depth investigation. This Article is intended to explore effective ways to prevent repetition of such incidents in the future and the litigation that frequently ensues.9 Accordingly, this Article will discuss two competing principles of international law: (1) possible intrusion of national territorial airspace; and (2) possible misreading of the path of …

Weather Modification: Law And Administration, James N. Corbridge Jr., Raphael J. Moses

Publications

No abstract provided.

An Examination Of The Cab's Merger Policy, Arthur H. Travers Jr.

Publications

No abstract provided.