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The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt 2020 University of Miami Law School

The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt

University of Miami Law Review

The Space Race officially launched on October 4, 1957, when the Soviet Union placed Sputnik I, the first man-made satellite, into Earth’s orbit. The United States fired back four months later, on January 31, 1958, by launching its own satellite, Explorer I. While both superpowers’ programs facially focused on scientific research, each was funded and directed by their respective militaries. Military functions in space followed shortly, with the United States beginning to place its first reconnaissance satellites in space in 1959 as part of the Corona program. American and Soviet discussions following these initial military developments eventually led to ...


Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, Bert Chapman 2020 Purdue University

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees, including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy which invite witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, except ...


Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe II 2020 United States Marine Corps

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming


Past, Present, And Future Of Intellectual Property In Space: Old Answers To New Questions, Rosario Avveduto 2019 University of Washington School of Law

Past, Present, And Future Of Intellectual Property In Space: Old Answers To New Questions, Rosario Avveduto

Washington International Law Journal

This comment critically analyzes international space law in the context of intellectual property. The issues explored, current and future, are at the crossroads of the international space legal framework and U.S. intellectual property law. The first stage of the analysis includes a brief history of space law, introducing the U.N. treaties on space activities and taking a hard look at the founding principles they enshrine. An analytical overview of the International Space Station Agreement follows, introducing the present application of space law to issues of intellectual property. This overview further considers the fundamental principles of U.S. intellectual ...


Outer Space: How Shall The World's Governments Establish Order Among Competing Interests?, Paul B. Larsen 2019 University of Washington School of Law

Outer Space: How Shall The World's Governments Establish Order Among Competing Interests?, Paul B. Larsen

Washington International Law Journal

We are in a period of transition in outer space; it is becoming increasingly congested. As one example, small satellites are beginning to interfer with astronomical observations. The objective of this article is to examine and evaluate how the various outer space interests interact, coordinate or conflict with each other. This article examines legal order options and the consequences of choosing among those options.


The Cold Vacuum Of Arms Control In Outer Space: Can Existing Law Make Some Anti-Satellite Weapons Illegal?, Jeffrey A. Murphy 2019 Cleveland-Marshall College of Law

The Cold Vacuum Of Arms Control In Outer Space: Can Existing Law Make Some Anti-Satellite Weapons Illegal?, Jeffrey A. Murphy

Cleveland State Law Review

The current space law paradigm came into existence when two major national powers were vying for supremacy after a catastrophic world war. The nuclear age had dawned. The United Nations drafted and ratified the Outer Space Treaty under these conditions with limited foresight to the specific nature of future space activities. As more nations and private actors enter the space arena, the nature of the weapons used in space has changed, and the number of targets and opportunities for collateral damage has greatly increased.

This Note looks at the weapons aimed at space and the laws that try to govern ...


Expansion Of Private Activity In Space And Its Impact On The Development Of The International Law Of Outer Space, Mark J. Sundahl 2019 Cleveland-Marshall College of Law, Cleveland State University

Expansion Of Private Activity In Space And Its Impact On The Development Of The International Law Of Outer Space, Mark J. Sundahl

Mark J. Sundahl

Private companies are playing an ever-larger role in the use of outer space and their presence in space will continue to expand in the coming years. For example, increased private activity in space will likely be encouraged by the new U.S. space policy proposed by the Obama administration which would require the U.S. government to rely on private companies for the delivery of crew, cargo, and satellites into space. This paper examines the effect that this increased private activity will have on the future development of the international law of outer space. One question that emerges from increased ...


Bigelow Aerospace's Commodity Jurisdiction Request Under Itar And Its Impact On The Future Of Private Spaceflight, Mark J. Sundahl 2019 Cleveland-Marshall College of Law, Cleveland State University

Bigelow Aerospace's Commodity Jurisdiction Request Under Itar And Its Impact On The Future Of Private Spaceflight, Mark J. Sundahl

Mark J. Sundahl

On April 22, 2009, Bigelow Aerospace announced that the United States Directorate of Defense Trade Controls (DDTC) had responded favorably to Bigelow's commodity jurisdiction request to ease its regulatory burden under the International Traffic in Arms Regulations (ITAR). Prior to this decision by the DDTC, the presence of foreign nationals on a Bigelow space station would have been treated as an "export" of space technology under IT AR - thus requiring a license from the DDTC in addition to other burdens. Bigelow Aerospace's successful commodity jurisdiction request has removed these obstacles and, as a result, has breathed new life ...


Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl 2019 Cleveland State University

Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl

Mark J. Sundahl

The recent emergence of the commercial human spaceflight industry is a transformative moment in the history of mankind. Multiple space tourism companies are planning to send private passengers on suborbital flights in the coming years, private spaceports are being built around the world, and at least one company, Bigelow Aerospace, is planning to build private space stations. Moreover, the new U.S. Space Policy recently announced by the Obama administration promises to accelerate the development of the spaceflight industry by relying on private companies to meet governmental needs, such as ferrying goods and people to the International Space Station.

This ...


How The Rescue And Return Agreement Can Protect (And Harm) The Interest Of A Creditor Under The Cape Town Convention, Mark J. Sundahl 2019 Cleveland-Marshall College of Law, Cleveland State University

How The Rescue And Return Agreement Can Protect (And Harm) The Interest Of A Creditor Under The Cape Town Convention, Mark J. Sundahl

Mark J. Sundahl

This volume contains the proceedings of the 55th Colloquium on the Law of Outer Space held in Naples, Italy in October 2012, including the 27th IAA-IISL Scientific-Legal Roundtable, as well as the papers presented at the IISL-ECSL Space Law Symposium held on the occasion of the 51st session of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space in Vienna, Austria in March 2012, and of the 7th Eilene M. Galloway Symposium on Critical Issues In Space Law, held in Washington D.C., United States in December 2012. It also contains the report and best ...


Presidential Leadership In The Space Age, Ziv R. Carmi 2019 Gettysburg College

Presidential Leadership In The Space Age, Ziv R. Carmi

Student Publications

Mankind’s quest to reach the moon consisted of many people in leadership positions. In the US, however, many of the decisions behind the space race, especially funding for it, were made by four men: Dwight D. Eisenhower, John F. Kennedy, Lyndon Baines Johnson, and Richard Nixon. While some presidents (namely Kennedy) receive more credit than others for their work on bringing man to the moon, each of them passed influential policy that was vital in the development of Apollo: Eisenhower founded NASA and began research on the Saturn V, Kennedy gave vision and urgency to the program, Johnson gave ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Gulf Airline Subsidization: Should The European Union And The United States Collaborate To Combat This Alleged Threat?, Savannah H. Moon 2019 University of Georgia School of Law

Gulf Airline Subsidization: Should The European Union And The United States Collaborate To Combat This Alleged Threat?, Savannah H. Moon

Georgia Journal of International & Comparative Law

No abstract provided.


The Other Space Race: Some Law And Economics Of Celestial Resource Appropriation, Alexander W. Salter 2019 Rawls College of Business, Texas Tech University

The Other Space Race: Some Law And Economics Of Celestial Resource Appropriation, Alexander W. Salter

Georgia Journal of International & Comparative Law

No abstract provided.


Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf 2019 University of Nevada, Las Vegas

Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf

Indiana Law Journal

Since the birth of the concept of a legally recognized right to privacy in Samuel D. Warren and Louis D. Brandeis’ influential 1890 law review article, “The Right to Privacy,” common law—with the aid of influential scholars—has massaged the concept of privacy torts into actionable claims. But now, one of the most innovative technological advancements in recent years, the unmanned aerial vehicle, or drone, has created difficult challenges for plaintiffs and courts navigating common law privacy tort claims.

This Article explores the challenges of prosecution of the specific privacy tort of intrusion upon seclusion involving nongovernmental use of ...


A Three-Pronged Analysis Of The Proposal For A United States Space Force, Justin Della, Angelica Gould, Christian Junio, Michael Pope, James Sacca, Cristina Viana, Kirsti Wattles, Michael Weinhoffer 2019 Embry-Riddle Aeronautical University, Daytona Beach

A Three-Pronged Analysis Of The Proposal For A United States Space Force, Justin Della, Angelica Gould, Christian Junio, Michael Pope, James Sacca, Cristina Viana, Kirsti Wattles, Michael Weinhoffer

International Journal of Security Studies

On June 18, 2018, at a meeting of the National Space Council, President Trump announced that he had directed the Department of Defense and the Pentagon “to immediately begin the process necessary to establish a space force as the sixth branch of the armed forces.” There are distinct legal, logistical, budgetary, and political challenges that must be resolved before a Space Force comes into being, and this paper provides insight into all of these issues. The legal section notes that while certain military activities are permitted in outer space, defensive weapons are likely the only systems that a Space Force ...


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. 2019 Selected Works

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.

Sara Langston

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 ...


Developing Space: Political And Socio-Economic Rationales Of Emerging Space Programs, Sandra Cabrera-Alvarado, Sara Langston, Tanay Sharma 2019 Mexican Space Agency

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

Sara Langston

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.


Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston 2019 Senmurv Consulting LLC

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

Sara Langston

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 ...


Houston, We Have An Arbitration: International Arbitration’S Role In Resolving Commercial Aerospace Disputes, Carson W. Bennett 2019 Pepperdine University

Houston, We Have An Arbitration: International Arbitration’S Role In Resolving Commercial Aerospace Disputes, Carson W. Bennett

Pepperdine Dispute Resolution Law Journal

This article explores the complimentary nature between the burgeoning private aerospace industry and international arbitration, as well as detailing how it could be advantageous to resolve these aerospace disputes in California. Part II outlines the new space race. It begins with the Ansari XPrize and follows some of the industry’s most significant developments. Part III explores the benefits of arbitration and how the characteristics of international arbitral proceedings cater to the common concerns of aerospace companies. Part IV catalogues the initiatives arbitral institutions have taken to customize an arbitration for aerospace disputes. This article argues that a specialized institution ...


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