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Articles 1 - 30 of 52
Full-Text Articles in Transportation Law
Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson
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.
Legal Beagle's Blog Archive For December 2015, Roger Williams University School Of Law
Legal Beagle's Blog Archive For December 2015, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Google Glass While Driving, Adam M. Gershowitz
Google Glass While Driving, Adam M. Gershowitz
Faculty Publications
Is it legal to use Google Glass while driving? Most states ban texting while driving and a large number also forbid drivers from being able to see television and video screens. But do these statutes apply to Google Glass? Google advises users to check their states’ law and to “[r]ead up and follow the law!” Yet, laws designed for a tangible world are very difficult to apply to virtual screens projected by futuristic wearable technology. In short order, however, police and prosecutors across the country will be called upon to apply outdated distracted driving laws to Google Glass.
This article …
Carriage Of Goods Through Multimodal Transportation: In Search Of International And Regional Harmonization, Olena Bokareva
Carriage Of Goods Through Multimodal Transportation: In Search Of International And Regional Harmonization, Olena Bokareva
Olena Bokareva
No abstract provided.
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr.
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr.
Henry H. Perritt, Jr.
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.
One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.
All Faculty Scholarship
The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.
Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …
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 Dependent Origins Of Independent Agencies: The Interstate Commerce Commission, The Tenure Of Office Act, And The Rise Of Modern Campaign Finance, Jed Handelsman Shugerman
The Dependent Origins Of Independent Agencies: The Interstate Commerce Commission, The Tenure Of Office Act, And The Rise Of Modern Campaign Finance, Jed Handelsman Shugerman
Faculty Scholarship
Independent regulatory agencies are some of the most powerful institutions in the United States, and we think of them today as designed to be insulated from political control. This Article shows that their origins were the opposite: this model first emerged in the late nineteenth century because it offered more political control.
The modern executive's design of unitary presidential control over most offices, alongside "independent" regulatory agencies, took shape in the winter of 1886-1887. Congress repealed the Tenure of Office Act, giving the President the unchecked power to dismiss principal officers and ending the Senate's power to protect those officers. …
Vw And Gm Scandals Show Why Regulation Matters, Robert R.M. Verchick, Rena Steinzor
Vw And Gm Scandals Show Why Regulation Matters, Robert R.M. Verchick, Rena Steinzor
Robert R.M. Verchick
Conservatives love to belittle federal regulations — especially the ones designed to keep our air clean, our water drinkable, our workplaces safe, and our financial markets stable. Conservatives, of course, don’t oppose any of those things. They just think unregulated markets, left on their own, will keep bad things from happening. Customers will see when a dishonest company is putting Americans at risk; and when they do, they will unleash their fury and incinerate it. Unbridled capitalism is the world’s largest self-cleaning oven. Last week’s news from the automotive industry should lay that argument to rest.
The Salty Truth: Revealing The Need For Stricter Road Salt Application And Storage Regulations In The United States, Sara Labashosky
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.
Legal Regime Of Marine Insurance In Arctic Shipping: Safety & Environmental Implications, Proshanto K. Mukherjee, Huiru Liu
Legal Regime Of Marine Insurance In Arctic Shipping: Safety & Environmental Implications, Proshanto K. Mukherjee, Huiru Liu
ShipArc 2015 Conference
No abstract provided.
Arctic Shipping & Liability For Harm To Natural Resources, Dominik Walkowski
Arctic Shipping & Liability For Harm To Natural Resources, Dominik Walkowski
ShipArc 2015 Conference
No abstract provided.
Research On Setting Up A Performance Evaluation Regiem Of Psc In The Aisa-Pacific Regiem, Xuepeng Shi
Research On Setting Up A Performance Evaluation Regiem Of Psc In The Aisa-Pacific Regiem, Xuepeng Shi
Maritime Safety & Environment Management Dissertations (Dalian)
No abstract provided.
The Emerging Seat Belt Defense: Two Views, John A. Trerilla
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
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 …
Developing An International Carbon Tax Regime, Steven Specht
Developing An International Carbon Tax Regime, Steven Specht
Steven Specht
As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …
Recent Development: Eec Article 85, Selective Distributorship Agreements May Not Include Prohibition On Exports, Catherine A. Modling
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.
Adr In Italian Transport Companies, Far Away From Theory To Practice, Sajjad Khaksari
Adr In Italian Transport Companies, Far Away From Theory To Practice, Sajjad Khaksari
SAJJAD KHAKSARI
Accord européen relatif au transport international des marchandises Dangereuses par Route(ADR) in Italian transport companies is far away from theory to practice.
Mistakes, Airfares, And Consumers: Restoring The Department Of Transportation's Role In Regulating Unfair Trade Practices, Terence Lau
Terence Lau
This Article traces the problem of mistake airfares and the federal government’s response to airlines that cancel tickets for erroneous fares. Part I of the Article explores airline pricing generally, and argues that airline tickets are a unique form of commodity good, one where there is no consumer expectation of a reasonable price. The dynamic nature of airline yield management means that prices for the exact same seat on an airplane can range dramatically on a variety of circumstances and factors that are beyond the knowledge, control or comprehension of the ordinary consumer. The Article investigates several well-known examples of …
International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik
International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
La Carta Dei Servizi Ferroviari — The Rail Passenger’S Charter In Italy, Valentina Gastaldo
La Carta Dei Servizi Ferroviari — The Rail Passenger’S Charter In Italy, Valentina Gastaldo
Valentina Gastaldo
The essay examines the impact of the Charter of rail services on the general Consumer protection. This document is an immediately available tool that the primary train operator in Italy uses to inform its customers of the fundamental principles adopted in its operations, of the services offered and of the key objectives for 2014. The article in particular analyzes the founding principles of the Charter, the limits to the automatic and flat-rate compensation in case of failure of the service. Finally the paper explores the customer complaints management and the conciliation procedure.
Summary Of Nevada Department Of Transportation V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 41 (June 25, 2015), Jessica Gandy
Summary Of Nevada Department Of Transportation V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 41 (June 25, 2015), Jessica Gandy
Nevada Supreme Court Summaries
The Court determined, pursuant to the U.S. Constitution, as well as the Nevada Constitution, there was no taking of Ad America’s property because the Nevada Department of Transportation publicly disclosed its plan to comply with federal law, the City independently acquired property that was part of Project Neon, and the City rendered land use application decisions conditioned on coordination with the Nevada Department of Transportation for purposes of Project Neon.
Coming To A Car Dealership Near You: Standardizing Event Data Recorder Technology Use In Automobiles, Kara Ryan
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 …
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont
Rick Beaumont
No abstract provided.
Whiplash: Who's To Blame?, Valerie P. Hans, Juliet Dee
Whiplash: Who's To Blame?, Valerie P. Hans, Juliet Dee
Valerie P. Hans
Tom is sitting in his car at an intersection, waiting for the red light to change. Without warning, the car behind him, driven by a distracted mother named Elaine, slams into the rear of Tom's car. After the accident, Tom experiences severe neck pain, which interferes with his work and family life. Who's to blame? If Tom suffered physical injury as a result, then under current legal principles she is responsible for compensating him for his injury. However, research on jury decision making in civil cases suggests that a constellation of psychological, legal and political factors operate together to focus …
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino
Valerie P. Hans
No abstract provided.
Whistleblower Protections Of The Federal Rail Safety Act: An Overview, Christopher W. Bowman
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
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 …
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont
Rick Beaumont
No abstract provided.