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Articles 1 - 20 of 20
Full-Text Articles in Transportation Law
Hit The Road, Jack: The Auto Industry As The Next Vehicle For Predatory Infringement, Kristen Osenga
Hit The Road, Jack: The Auto Industry As The Next Vehicle For Predatory Infringement, Kristen Osenga
Law Faculty Publications
While patents, patent litigation, and patent pools have been part of the automotive industry since the late-1800s, the prevalence of technology covered by standards and accompanying standard essential patents (SEPs) is much more recent. Today’s smart cars and the widespread incorporation of telecommunication and Internet of Things standards in vehicles raise concerns about how well the automotive industry will be able to adapt to this new SEP-laden future. This article predicts that predatory infringement of SEPs for two related reasons. First, although some industries, such as telecommunications, have long dealt with SEPs, the incorporation of standardized technology is more recent …
A New Class Of Worker For The Sharing Economy, Megan Carboni
A New Class Of Worker For The Sharing Economy, Megan Carboni
Richmond Journal of Law & Technology
Jennifer Guidry begins her workday at four a.m. She begins by vacuuming her personal car, preparing it to "ferry around strangers" for Uber, Lyft, and Sidecar. Uber, Lyft, and Sidecar are "ride services that let people summon drivers on demand via [electronic] apps." Her phone pings just moments after four-thirty a.m.-an Uber customer requesting a ride to the airport. She accepts immediately, makes a round trip to the airport in just over an hour, and pockets twenty-eight dollars. This does not account for the cost of gas or wear and tear on her car.6 She performs the airport loop a …
Ending Drunk Driving With A Flash Of Light, Andrew Sullivan
Ending Drunk Driving With A Flash Of Light, Andrew Sullivan
Law Student Publications
Among the methods used to combat drunk driving is mandating a person convicted of driving under the influence/driving while intoxicated install an ignition interlock device (“IID”) in his/her vehicle as a condition of restoring his/her driving privileges.This comment argues that the National Highway Traffic Safety Administration (“NHTSA”) has the authority to issue such a regulation; it need only be presented with a workable opportunity to do so. The present state of IID technology is a poor candidate to make this hypothetical regulation workable, but advances in Near Infrared (“near-IR”) Spectroscopy will provide the technology necessary to make a discussion of …
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie Reid
Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie Reid
Richmond Journal of Law & Technology
The Ford Model A was advertised as “the latest and best” in the world in 1903 and sparked global interest to design and create better, faster, and more complex machines than had ever traveled on land. Fast forward to the 21st century and creating machines that can travel around the world’s airspace appears to be the latest fascination. Until relatively recently, only airplanes and helicopters dominated the friendly skies. But now, the public is catching on to the idea that building an aircraft is easier that one might expect. In fact, a pilot is no longer necessary. Drones, also referred …
Modern Transportation Needs And The Prohibitions Of Article X, Section 10 Of The Virginia Constitution, Hon. Stephen R. Mccullough
Modern Transportation Needs And The Prohibitions Of Article X, Section 10 Of The Virginia Constitution, Hon. Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm
Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm
Richmond Journal of Law & Technology
Transportation networks constitute “the circulatory system of our economy.” The distinct modes that constitute the American transportation system—air, rail, transit, highways, and waterways—impact the entire range of our daily activities. Just as the human body depends on its circulatory system for life and well being, the United States’ vitality would grind to a halting stop without a vibrant transportation system.
Blast Off? — Strict Liability’S Potential Role In The Development Of The Commercial Space Market, Mark Flores
Blast Off? — Strict Liability’S Potential Role In The Development Of The Commercial Space Market, Mark Flores
Richmond Journal of Law & Technology
The sun rises over the mountains in Southern New Mexico and the windows of Spaceport America blind those looking on at the terminal. A sudden boom shakes the ground and a plane unlike any other takes off toward the sky, leaving Spaceport America in the distance.
Bending Broken Rules: The Fourth Amendment Implications Of Full-Body Scanners In Preflight Screening, M. Madison Taylor
Bending Broken Rules: The Fourth Amendment Implications Of Full-Body Scanners In Preflight Screening, M. Madison Taylor
Richmond Journal of Law & Technology
In the face of emerging technology, the Fourth Amendment’s guarantee of protection against unreasonable searches and seizures is especially susceptible to erosion. As Justice Scalia wrote in Kyllo v. United States, “[i]t would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology.” In Katz v. United States, technology compelled a dramatic shift in the Supreme Court’s interpretation of the Fourth Amendment. Prior to Katz, the Court generally interpreted the Fourth Amendment to prevent only the search and seizure of tangible things, and looked to …
To Boldly Go Where Only A Select Few Have Gone Before: Exploring The Commercial Space Launch Act And The Legal Risks Associated With Reaching For The Stars, Brent M. Timberlake
To Boldly Go Where Only A Select Few Have Gone Before: Exploring The Commercial Space Launch Act And The Legal Risks Associated With Reaching For The Stars, Brent M. Timberlake
University of Richmond Law Review
No abstract provided.
Railroad Law, Brent M. Timberlake
Railroad Law, Brent M. Timberlake
University of Richmond Law Review
No abstract provided.
Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene
Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene
University of Richmond Law Review
Since the boom of federal environmental laws in the early 1970s, Congress, federal administrative agencies, and the states have grappled with how best to obtain the lofty goals of these laws. As evidence of this struggle, Congress has made substantial amendments to several major environmental laws on one or more occasions in order to achieve these goals, and the states have followed suit in order to keep pace with the changes on the federal level. The resulting mass of state and federal environmental laws and regulations has led to a series of complex, and often confusing, layers of laws and …
Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing
Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing
University of Richmond Law Review
"We cannot put up with this kind of animal behavior. These people have no place in decent society, and ... they can go to jail and they can stay in jail and they can rot in jail for crimes like that." Soon after speaking those words, on October 25, 1992, President George Bush signed the Anti Car Theft Act of 1992 in Detroit, Michigan. For the citizens of Detroit, it was a fitting response to the crime that was coined "carjacking" and popularized in the same city-the Motor City-in the heat of the summer of 1991. Earlier federal legislation, the …
Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell
Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell
University of Richmond Law Review
Automobile liability insurance coverage is considered one of the basic necessities of modern living, following closely on the heels of shelter and food. This priority is the outgrowth of two facts of life: one, that automobile transportation is practically unavoidable and two, that automobile accidents are practically inevitable. Thus, the shadow of liability for the damage and the suffering of automobile accidents falls across most of the American population. Because the losses which may be sustained by the negligent-and the innocent alike-are so great, the need for protection has escalated to the top of modern society's list of indispensable commodities. …
Virginia's Lemon Law: The Best Treatment For Car Owner's Canker?, Carol S. Nance
Virginia's Lemon Law: The Best Treatment For Car Owner's Canker?, Carol S. Nance
University of Richmond Law Review
The consumer advocacy movement of the late 1970's induced the Congress and the state legislatures to enact numerous consumer protection statutes. Unfortunately, several years elapsed before the public and the legislatures realized that those statutes did not protect the consumer in what is frequently the consumer's most significant personal purchase-the automobile.
Benign Racial Classifications: A Guide For Transportation Attorneys, Walter A. Mcfarlane
Benign Racial Classifications: A Guide For Transportation Attorneys, Walter A. Mcfarlane
University of Richmond Law Review
Just prior to its adjournment in 1982, and subsequent to hotly contested debates, the 97th Congress enacted the Surface Transportation Assistance Act of 1982 (STAA). The Act contained a number of controversial provisions, not the least of which was one requiring that "not less than 10 per centum of the amounts authorized to be appropriated" by the act were to be expended on small business "owned and controlled by socially and economically disadvantaged individuals ... ." Such small businesses have become known, as disadvantaged business enterprises, or DBE's.
Automobile Guest Statutes- Infants Under Fourteen Years Of Age Held Incapable Of Accepting Guest Status
University of Richmond Law Review
Virginia's guest statute is a legislative codification of the common law gross negligence rule made applicable to automobile guests. The purpose of this statute is to protect the gratuitous host from a lawsuit at the hands of the very person to whom he is extending the gratuity, and to prevent collusion between the host and his guest against insurers. The increasing popu- larity of automobile travel has prompted over half of the states to adopt similar legislation, but unfortunately, these statutes have produced what has been appropriately called a "tangle of confusion."
State Taxation Of Interstate Travel: Alternative Constitutional Limitations
State Taxation Of Interstate Travel: Alternative Constitutional Limitations
University of Richmond Law Review
In today's context of expanded human mobility, an individual's right to travel from, through, or to any of the United States without state restriction on or regulation of his admission or departure enjoys well-settled constitutional protection originating from two distinct sources. The interstate transportation of persons is governed by the commerce clause under which state power to regulate and tax the admission and departure of interstate passengers is restricted, but not entirely forbidden.
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
Basis Of Liability For Blasting In Virginia, William T. Muse
Basis Of Liability For Blasting In Virginia, William T. Muse
University of Richmond Law Review
In this period of prosperity more private capital is avail- able for construction of all kinds. Also, vast sums of public funds are being appropriated for all types of construction, particularly highway construction. For example, the National System of Interstate and Defense Highways alone will involve the construction of 41,000 miles of highway, and is designed to connect and serve all major urban centers in the United ,States. It is probably the largest peacetime engineering project ever undertaken by man. An estimated three-fourths of a million parcels of land, approximately 1,500,000 acres, will be condemned for highway right-of-way over the …
Negligence Per Se And The Virginia Motor Vehicle Code, William T. Muse
Negligence Per Se And The Virginia Motor Vehicle Code, William T. Muse
University of Richmond Law Review
Wigmore, writing in 1911, said: "The general question... whether an injury caused by the defendant while violating a [criminal] statute is actionable per se is a troublesome one, open to much argument, and not yet settled by any generally accepted principle."