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Essential Air Service: A Lower Rung On The Pilot Shortage Food Chain?, Michael Peck 2018 Embry-Riddle Aeronautical University

Essential Air Service: A Lower Rung On The Pilot Shortage Food Chain?, Michael Peck

National Training Aircraft Symposium (NTAS)

The Essential Air Service (EAS) program, established in 1978 by the federal government as a temporary measure designed to help remote communities cope with the impact of airline deregulation, subsidizes flights to certain destinations that would not otherwise have ready access to commercial air service. The airlines participating in this program fly relatively smaller aircraft and have traditionally hovered at the lower end of the salary scale. Their pilots are, nevertheless, subject to the same flight experience requirements as the major carriers. The national (or perhaps international) pilot shortage has caused some EAS carriers to abruptly terminate service leaving the ...


U.S. Government Aviation Safety Information Resources, Bert Chapman 2018 Purdue University

U.S. Government Aviation Safety Information Resources, Bert Chapman

Libraries Faculty and Staff Presentations

Presentation covering U.S. Government aviation safety information resources. Topics addressed include U.S. laws,legislation, regulations, court cases, information resources from agencies such as the Federal Aviation Administration, Transportation Security Administration, National Aeronautics and Space Administration, congressional aviation oversight committees and congressional support agencies including the Congressional Budget Office, Congressional Research Service, and Government Accountability Office.


New Heights, New Uses, And New Questions: Can Individuals Enforce Their Property Rights Against The Impending Rise Of Low-Flying Civilian Drones?, Thomas Carlton 2018 Boston College Law School

New Heights, New Uses, And New Questions: Can Individuals Enforce Their Property Rights Against The Impending Rise Of Low-Flying Civilian Drones?, Thomas Carlton

Boston College Law Review

By 2020, there will be at least seven million civilian drones flying in the low-altitude airspace above the United States. Civilian drones include unmanned aerial vehicles operated by both private individuals for recreational and business entities for commercial purposes. While this budding technology has the potential to be a positive influence on society as a whole, civilian drone regulation at both the state and federal level lags behind growing drone usage across the country. As of now, the Federal Aviation Administration has administered a small rule that provides some regulation on the use of civilian drones. Many questions remain, however ...


The Fault Is Not In Our Stars: Avoiding An Arms Race In Outer Space, David A. Koplow 2018 Georgetown University Law Center

The Fault Is Not In Our Stars: Avoiding An Arms Race In Outer Space, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The world is on the precipice of a new arms race in outer space, as China, Russia, the United States, and others undertake dramatic new initiatives in anti-satellite weaponry. These accelerated competitive efforts at space control are highly destabilizing because developed societies have come to depend so heavily upon satellite services to support the entire civilian economy and the modern military apparatus; any significant threat or disruption in the availability of space assets would be massively, and possibly permanently, disruptive.

International law regarding outer space developed with remarkable rapidity in the early years of the Space Age, but the process ...


Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. von der Dunk 2018 University of Nebraska College of Law

Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program Faculty Publications

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from ...


The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens 2018 University of Adelaide Law School

The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens

International Law Studies

In the contemporary period, many military forces rely heavily on space-based assets to conduct operations across a wide spectrum of contexts. Such reliance necessarily exposes a correlative vulnerability that such assets may be degraded or destroyed, especially in a time of armed conflict. However, the legal framework that governs military action in space during a time of armed conflict is not well explored. This article examines the interaction between International Humanitarian Law (IHL) and the Outer Space legal regime. Harmonization of legal regimes is a goal of any reconciliation project, although such harmonization may not always be readily possible. In ...


Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf 2018 SJ Quinney College of Law, University of Utah

Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf

Utah Law Review

The advances in technology that have resulted in the increase in the prediction as to the number of drones that may soon be in our skies—as many as seven million in 2020 alone—serve as a call to action. It serves as a call to action for those concerned with protecting individuals’ privacy without imprudently inhibiting the ability of law enforcement. It also serves as a call to action for those concerned with the Supreme Court’s Fourth Amendment jurisprudence focusing on the “reasonable expectation of privacy” standard. If the Federal Aviation Administration itself predicted six years ago that ...


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Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák 2018 University of Exeter

Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák

International Law Studies

There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of law ...


Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith 2018 Georgia State University College of Law

Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith

Georgia State University Law Review

The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.


Federal Rule 26(A)(2) Expert Witness Disclosures: Strategies For Composing And Attacking Expert Disclosures, Douglas B. Bates, Chelsea R. Stanley, James L. Burt III 2018 Stites & Harbison, PLLC

Federal Rule 26(A)(2) Expert Witness Disclosures: Strategies For Composing And Attacking Expert Disclosures, Douglas B. Bates, Chelsea R. Stanley, James L. Burt Iii

Journal of Air Law and Commerce

Federal Rule of Civil Procedure 26(A)(2) governs disclosure of expert testimony. The rule purports to create a clear delineation between experts that must provide a written report and those that do not. The rule then outlines the disclosure requirements that must be satisfied as to each type of expert. This article focuses on the implications of Rule 26(A)(2) in practice, with an emphasis on the field of aviation litigation. The article begins by discussing the general difference between non-retained experts and retained experts and the disclosure requirements associated with each. The article then progresses into a ...


War And (Labor) Peace: How The Ninth Circuit Changed The Rules Of Engagement For Service Providers And Organized Labor, Klayton Sweitzer Hiland 2018 Southern Methodist University

War And (Labor) Peace: How The Ninth Circuit Changed The Rules Of Engagement For Service Providers And Organized Labor, Klayton Sweitzer Hiland

Journal of Air Law and Commerce

No abstract provided.


Recent Developments In Aviation Law, Justin V. Lee 2018 Jackson Walker

Recent Developments In Aviation Law, Justin V. Lee

Journal of Air Law and Commerce

No abstract provided.


Why Jurisdiction Over Airmen Enforcement And Certificate Cases Should Be Transferred From The National Transportation Safety Board To Federal District Court, Alan Armstrong 2018 Southern Methodist University

Why Jurisdiction Over Airmen Enforcement And Certificate Cases Should Be Transferred From The National Transportation Safety Board To Federal District Court, Alan Armstrong

Journal of Air Law and Commerce

No abstract provided.


Event Horizon: Examining Military And Weaponization Issues In Space By Utilizing The Outer Space Treaty And The Law Of Armed Conflict, Ryan M. Esparza 2018 University of Mississippi School of Law

Event Horizon: Examining Military And Weaponization Issues In Space By Utilizing The Outer Space Treaty And The Law Of Armed Conflict, Ryan M. Esparza

Journal of Air Law and Commerce

This article takes the position that any lingering ambiguities surrounding the militarization and weaponization of outer space should be analyzed via the joint scope of the Outer Space Treaty and the Law of Armed Conflict. This article pulls key provisions from Additional Protocol I to the Geneva Conventions because of Additional Protocol I’s application in international conflicts and affirmation of the four Geneva Conventions. After an examination of key Additional Protocol I provisions and their application to space, this article conducts a joint analysis of the Outer Space Treaty and the Law of Armed Conflict. This joint analysis examines ...


Airport Security Screeners: In Your Face And Above The Law, Luke Strieber 2018 Southern Methodist University

Airport Security Screeners: In Your Face And Above The Law, Luke Strieber

Journal of Air Law and Commerce

No abstract provided.


A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr 2018 Faculty of Law, Alexandria University

A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr

Journal of Air Law and Commerce

An examination of the 1999 Montreal Convention shows that the drafters did not intend to lay down a comprehensive treaty that would organize a carrier’s liability for personal injury to passengers. They opted to achieve a certain level of uniformity through enacting a set of rules that tackled several key issues such as the grounds for a carrier’s liability, the available defenses, and the limits on the recoverable damages. Consequently, some unaddressed issues created a void in the Montreal Convention and were then left without a clear remedy. In this article, a distinction is made between two types ...


As The Grapefruit Turns Sixty, It’S Time To Get Serious About Clean Up In Outer Space, Humaid Alshamsi, Roy Balleste, Michelle L. D. Hanlon 2018 ABH Aerospace, LLC

As The Grapefruit Turns Sixty, It’S Time To Get Serious About Clean Up In Outer Space, Humaid Alshamsi, Roy Balleste, Michelle L. D. Hanlon

Journal of Air Law and Commerce

The ability to physically interact with an on-orbit object is an idea that has been stymied by its great cost. Yet the rewards are incalculable. Autonomous on-orbit servicing (OOS) vehicles can potentially repair or salvage an ailing satellite or remove it from orbit. The former can help recoup the considerable investment that goes into the development and construction of a satellite, and the latter would reduce space debris. In short, the development of OOS should be promoted. This paper will explore the legal ramifications and complications of unmanned on-orbit servicing missions. After reviewing the international framework and the current state ...


That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak 2018 University of Colorado Law School

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

Articles

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 ...


A Tale Of Two Sovereigns: Federal And State Use And Regulation Of Unmanned Aircraft Systems, Laura K. Donohue 2018 Georgetown University Law Center

A Tale Of Two Sovereigns: Federal And State Use And Regulation Of Unmanned Aircraft Systems, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Despite claims to the contrary, the federal government is severely limited in what it can do to regulate unmanned aircraft systems (UASs). States, on the other hand, as governments of general jurisdiction, have expansive powers that they are already using to grapple with the questions posed by UAS related to privacy, crime, and public safety. This chapter outlines the evolution of federal measures, noting their limitations, before delving into three categories of state law, related to law enforcement, criminal measures, and regulatory regimes. The chapter then turns to the history of state sovereignty, looking at states’ jurisdiction over persons and ...


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