Air and Space Law Commons^™

Digital Disruption Solution For Airlines In Brazil, Camila Bisinoto Borges, Cristiane Lunardi Das Neves Rodrigues, Daniel Dias Landroni, Tatiane Mendonça, Leila Halawi

Publications

Since March 2017, the cost of denied boarding began to draw all Brazilian airlines' attention because of the Resolution 400 of the Brazilian National Civil Aviation Agency. This Resolution covers several items, but we will focus on the penalty that the airlines need to pay for each passenger who had his boarding denied involuntarily in domestic flights. Our goal is to create a plugin that any airline could use in their self-service check-in channels and direct communication with the passenger. It could also become a way to offer proactive accommodation options and monetary compensations due to itinerary or ticket schedule …

Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali

Catholic University Journal of Law and Technology

This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …

Using The Artemis Accords To Build Customary International Law: A Vision For A U.S.-Centric Good Governance Regime In Outer Space, Walker A. Smith

Journal of Air Law and Commerce

International space law is a relatively undeveloped field primarily occupied by the 1967 Outer Space Treaty (Treaty). This Treaty, while long on general principles, is short on details. With the United States’ recent push to return to the Moon by 2024 and send humans to Mars as soon as practicable after that, the time has come to fill in the gaps of the Outer Space Treaty out of necessity. The U.S. seeks to do this through the Artemis Accords (the Accords).

This Comment argues that the U.S. should use the Accords to develop a U.S.-centric legal and good governance regime …

“No Waif In The Wilderness”: Contractual Doctrine And The “Self” Versus “State” Imposed Obligation, Tory A. Weigand

Journal of Air Law and Commerce

No abstract provided.

A Further History Of The Smu Air Law Symposium, Don G. Rushing

Journal of Air Law and Commerce

No abstract provided.

Delivery Drones: Inapt For Application Of Current Negligence Theory, Hyewon Hannah Choi

Journal of Air Law and Commerce

No abstract provided.

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. Space Law versus the Law of Armed Conflict ... A. The Essentials of Space Law … B. Space Law and the Threat or Use of Force in Outer Space … C. The Essentials of the Law of Armed Conflict ... D. The Law of Armed Conflict and the Threat or Use of Force in Outer Space

III. Conflicts of Application: A Few Key Examples ... A. Unraveling the Prioritization Issue: The Lex Specialis and Lex Posterior Principles ... B. Unraveling the Prioritization Issue: The U.N. Charter and Treaty Interpretation ... C. Unraveling the Prioritization Issue: Pacta Sunt …

A Heartfelt Remembrance Of Charles Tarpley, C. Paul Rogers Iii

Journal of Air Law and Commerce

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Drone Law: Legal Research Basics And Sources, Kincaid C. Brown

Law Librarian Scholarship

Drones, legally called “unmanned aircraft systems” (UAS), are primarily governed by federal law with some aspects overseen by state and local law. The system includes the aircraft itself and its associated elements for communication and operation. This article discusses the basic framework of federal and Michigan law governing UAS.

Tribute To Charles A. Tarpley, Kathlynn Fadely Lear

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Tribute To Charles Alford Tarpley, Don G. Rushing

Journal of Air Law and Commerce

No abstract provided.

Tribute To Charles Tarpley, Jonathan M. Hoffman

Journal of Air Law and Commerce

No abstract provided.

Hello Don, This Is Charles, Donald R. Andersen

Journal of Air Law and Commerce

No abstract provided.

A Tribute To Charles A. Tarpley: Mentor, Friend, Aviator, Lawyer, And Gentle Man, James D. Struble

Journal of Air Law and Commerce

No abstract provided.

Turbulence Ahead: Why The First Domestic Aircraft Carbon Emissions Regulations Are A Danger To Climate Protection, Taylor Williams

Journal of Air Law and Commerce

Reducing emission levels from transportation is one of the most vital steps in combating climate change, but domestic aircraft were not subject to this kind of regulation until recently. In July 2020, the Environmental Protection Agency (EPA) proposed the first carbon emission standards for airplanes. While this regulatory move appears to be progress for protecting the environment, it locked in current emissions levels for years to come. The overwhelming majority of aircraft models are already 6% more efficient than the new standard requires them to be. The rule highlights the tension between industry considerations and environmental justice.

This Comment seeks …

“A Defendant’S Paradise”: Failings Of The Brooke Group Test In The Airline And E-Commerce Industries, Kaitlyn Thorson

Journal of Air Law and Commerce

No abstract provided.

Claim Splitting In The New World Of Several Liability And Personal Jurisdiction, Jonathan M. Hoffman

Journal of Air Law and Commerce

General aviation accident litigation has recently become more complicated, with multiple lawsuits filed in multiple venues to litigate the same crash. An informal poll at the Air Law Symposium indicated that a large percentage of the attendees had been involved in such cases.

Two primary forces likely give rise to these multiple lawsuits. First, with the demise of joint and several liability, plaintiffs are often forced to sue more defendants and for defendants to add more third-party defendants. Second, the more rigorous personal jurisdiction standards articulated by the United States Supreme Court in the past decade have tightened both general …