Open Access. Powered by Scholars. Published by Universities.®

Air and Space Law Commons

Open Access. Powered by Scholars. Published by Universities.®

400 Full-Text Articles 240 Authors 206,822 Downloads 43 Institutions

All Articles in Air and Space Law

Faceted Search

400 full-text articles. Page 1 of 8.

Aviation Law-Air Services Agreement Between The United States And The United Kingdom, Patricia E. Cooper 2015 University of Georgia School of Law

Aviation Law-Air Services Agreement Between The United States And The United Kingdom, Patricia E. Cooper

Georgia Journal of International & Comparative Law

No abstract provided.


One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry Perritt 2015 Chicago-Kent College of Law

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry Perritt

Henry H. Perritt, Jr.

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 ...


Triumph Of The Space Commons: Addressing The Impending Space Debris Crisis Without An International Treaty, Joseph Kurt 2015 College of William & Mary Law School

Triumph Of The Space Commons: Addressing The Impending Space Debris Crisis Without An International Treaty, Joseph Kurt

William & Mary Environmental Law and Policy Review

No abstract provided.


Newsroom: Logan On Drone Law, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Logan On Drone Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Sub-Orbital Spaceflight – An Addition To Our Multi-Modal Transportation System, Scott Haeffelin 2015 Embry-Riddle Aeronautical University

Sub-Orbital Spaceflight – An Addition To Our Multi-Modal Transportation System, Scott Haeffelin

Space Traffic Management Conference

The number of commercial spaceflights will be increasing by orders of magnitude over the next several decades. The current volume of space traffic can be managed on a case-by-case basis and there is little impact to the National Airspace System (NAS). This will change as more spaceports become operational, commercial sub-orbital flight companies begin serving their customers and as the cost of these flights begin to decrease. Current regulatory paths seek to allow the flexibility in the regulations for this industry to flourish while also maintaining a high standard of safety. There are, however, many nearsighted and old fashioned assumptions ...


The Divergent And Evolving Legal Pathways Of Future Space Traffic Management Collaboration, Michael S. Dodge 2015 University of North Dakota

The Divergent And Evolving Legal Pathways Of Future Space Traffic Management Collaboration, Michael S. Dodge

Space Traffic Management Conference

Collaboration in space traffic management efforts is critical to the successful continued use of the outer space environment, and exploration and utilization of space assets will depend upon structured legal guidance. While STM is notionally evolving at the international level, appropriate attention must also be given to national strategies. This paper will elucidate that extant space traffic management methodologies are developing along two disparate tracks. These pathways, which here are termed the international-collaborative and sectarian methods, are reflective of the needs of the international community and intrastate interests respectively. The paper will attempt to show that in the near-term, these ...


Safe Operations Above Fl600, Lt. Col. Stephen Hunter 2015 Air Force Space Command

Safe Operations Above Fl600, Lt. Col. Stephen Hunter

Space Traffic Management Conference

Safe Operations Above FL600

Abstract

With the increase in likelihood of near-term development of revenue-generating point-to-point suborbital flights and the increase in high-altitude-long-endurance commercial operations above FL600, the criticality of addressing operations above class A airspace has never been more pressing. While the Federal Aviation Administration describes the National Airspace System, it doesn’t offer a description that includes a top. Technological, physiological, physical and administrative limitations have relegated most air operations to FL600 and below. As that changes, previous work on Space Traffic Management (STM) concepts begin to take on new life and add to sincere considerations for adaptation ...


Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai 2015 College of William & Mary Law School

Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai

William & Mary Law Review

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September 2015. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Given UAV utility and cost-effectiveness over a vast range of tasks, however, widespread commercial use ultimately seems certain. Consequently, it is imperative to understand ...


One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr. 2015 Chicago-Kent College of Law

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 ...


Developing An International Carbon Tax Regime, Steven Specht 2015 Florida State University

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 ...


Engines By Ge, Body By Houdini: State Secrets As A Procedural Restraint To The Resolution Of Disputes, Les Schiefelbein 2015 Schiefelbein GDR

Engines By Ge, Body By Houdini: State Secrets As A Procedural Restraint To The Resolution Of Disputes, Les Schiefelbein

Les Schiefelbein

Virtually every national government has a state secrets doctrine. The doctrine is best defined as “any information that, if disclosed publicly, would be reasonably likely to cause significant harm to the national defense or foreign relations of a government.”

Let me give state secrets some practical context and review how it is applied in the United Kingdom, the United States and France.

The best aviation description of my comments on state secrets is “Engines By GE, Body By Houdini.” The illusionist reference is an aviation descriptor of stealth airplanes whose invisibility to radar detection is like the state secret doctrine ...


Mistakes, Airfares, And Consumers: Restoring The Department Of Transportation's Role In Regulating Unfair Trade Practices, Terence Lau, Terence Lau 2015 University of Dayton

Mistakes, Airfares, And Consumers: Restoring The Department Of Transportation's Role In Regulating Unfair Trade Practices, Terence Lau, 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 ...


Charting The Course For Use Of Small Unmanned Aerial Systems In Newsgathering, Mickey H. Osterreicher 2015 Pepperdine University

Charting The Course For Use Of Small Unmanned Aerial Systems In Newsgathering, Mickey H. Osterreicher

Pepperdine Law Review

News organizations and individual journalists eagerly anticipate safely utilizing Small Unmanned Aerial Systems (sUAS) for newsgathering purposes as lawmakers integrate sUAS into the National Air Space (NAS). For now, these potential users may be flying over an "unchartered" regulatory landscape while the FAA struggles to complete its administrative rulemaking. In order to better understand how media organizations and individual journalists intend to use sUAS for newsgathering purposes, the National Press Photographers Association (NPPA) developed a survey consisting of twenty-one multiple choice questions, with space for elaboration, and three questions seeking narrative responses. The survey was distributed via email to approximately ...


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez 2015 Universidad Pontificia de Comillas

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.


Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn 2015 University of Würzburg

Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn

Georgia Journal of International & Comparative Law

No abstract provided.


Prime Air Encounters Faa Turbulence, Julie Cummings 2015 Golden Gate University School of Law

Prime Air Encounters Faa Turbulence, Julie Cummings

GGU Law Review Blog

Unmanned aircraft systems (UAS), often called drones, are rapidly entering the public space. Because drones operate in federal airspace, Congress tasked the FAA with creating new safety rules to address commercial drone flight. In February, the FAA released its proposed new rules governing drones weighing less than 55 pounds, which are used for non‑recreational purposes. Among other restrictions, the proposed rules limit flights to daylight, visual‑line‑of‑sight, below 500 feet, at flight speeds not to exceed 100 miles per hour. Additionally, operators must not fly drones over people. The FAA would also require operators to be certified ...


Book Review: Outer Space - A New Dimension Of The Arms Race. Ed. Bhupendra Jasani. London: Taylor And Francis Ltd., 1982., W. Paul Gormley 2015 District of Columbia Bar

Book Review: Outer Space - A New Dimension Of The Arms Race. Ed. Bhupendra Jasani. London: Taylor And Francis Ltd., 1982., W. Paul Gormley

Georgia Journal of International & Comparative Law

No abstract provided.


Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin 2015 University of Georgia School of Law

Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin

Georgia Journal of International & Comparative Law

No abstract provided.


Waste And Duplication In Nasa Programs: The Need To Enhance U.S. Space Program Efficiency, Bert Chapman 2015 Purdue University

Waste And Duplication In Nasa Programs: The Need To Enhance U.S. Space Program Efficiency, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The U.S. Government faces acute budgetary deficits and national debt problems in the Obama Administration. These problems have been brought about by decades of unsustainable government spending affecting all agencies including the National Aeronautics and Space Administration. (NASA). An outgrowth of this fiscal profligacy is the presence of wasteful and duplicative programs within NASA that prevent this agency from achieving its space science and human spaceflight objectives. These problems occur due to mismanagement of these programs from NASA and the creation of these programs by the U.S. Congress and congressional committees. This occurs because congressional appropriators tend to ...


The Hague Evidence Convention In U.S. Courts: Aerospatiale And The Path Not Taken, Société Nationale Industrielle Aerospatiale V. U.S. District Court For The Southern District Of Iowa, 107 S. Ct. 2542 (1987), Roger C. Wilson 2015 University of Georgia School of Law

The Hague Evidence Convention In U.S. Courts: Aerospatiale And The Path Not Taken, Société Nationale Industrielle Aerospatiale V. U.S. District Court For The Southern District Of Iowa, 107 S. Ct. 2542 (1987), Roger C. Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


Digital Commons powered by bepress