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209 full-text articles. Page 1 of 3.

Off-Road Torts: The Difficulties Of Representing A Client Injured Due To Defects In Vehicles Modified For Off-Road Use Or Injured Due To A Dangerous Condition Of The Land., Nicholas Morgan 2014 SelectedWorks

Off-Road Torts: The Difficulties Of Representing A Client Injured Due To Defects In Vehicles Modified For Off-Road Use Or Injured Due To A Dangerous Condition Of The Land., Nicholas Morgan

Nicholas Morgan

No abstract provided.


Drones, Henry H. Perritt Jr., Eliot O. Sprague 2014 Chicago-Kent College of Law

Drones, Henry H. Perritt Jr., Eliot O. Sprague

All Faculty Scholarship

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article ...


Drones, Henry H. Perritt Jr., Eliot O. Sprague 2014 Chicago-Kent College of Law

Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article ...


American Trucking V. Port Of Los Angeles: Is The Castle Doctrine A Ticking Time Bomb, Potentially Eliminating Ports’ Control Of Cargo Trucking?, Katherine B. Puccio 2014 Boston College Law School

American Trucking V. Port Of Los Angeles: Is The Castle Doctrine A Ticking Time Bomb, Potentially Eliminating Ports’ Control Of Cargo Trucking?, Katherine B. Puccio

Boston College Environmental Affairs Law Review

As the Port of Los Angeles and the shipping industry continue to expand, states struggle to regulate the heavy trucking businesses that support the shipping companies. In American Trucking Assn’s, Inc. v. City of Los Angeles, the Supreme Court struck down as preempted by the Federal Aviation Administration Authorization Act of 1994 parts of a Concession Agreement that sought to regulate the relationship between these trucking companies and the Port. The Court declined to decide a second question of whether the Port could punish trucking companies that routinely fail to comply with regulations. This Comment argues that the FAAAA ...


How To Achieve Right Of Way Success, Dawn Haecker, Michael B. Jett, Jim Crall, Kathy Heistand, Nicolette Mendenhall, Todd Clift 2014 Purdue University

How To Achieve Right Of Way Success, Dawn Haecker, Michael B. Jett, Jim Crall, Kathy Heistand, Nicolette Mendenhall, Todd Clift

Purdue Road School

The Real Estate Division of INDOT will provide an overview of the Right of Way process and key factors that affect time and expenditures. Panel discussion and Q&A session will include established best practices, new developments, lessons learned, and factors resulting in improved customer service and efficiency in terms of time and money for project delivery.


Whether A Standard Legislated Framework Should Govern Public-Private Partnerships For Finance And Maintenance Of Public Infrastructure In The Modern Economy?, Anika Guevara 2014 SelectedWorks

Whether A Standard Legislated Framework Should Govern Public-Private Partnerships For Finance And Maintenance Of Public Infrastructure In The Modern Economy?, Anika Guevara

Anika Guevara

No abstract provided.


Houston, We Have A (Liability) Problem, Justin Silver 2014 University of Michigan Law School

Houston, We Have A (Liability) Problem, Justin Silver

Michigan Law Review

The development of private manned space flight is proceeding rapidly; there are proposals to launch paying passengers before the end of 2014. Given the historically dangerous nature of space travel, an accident will probably occur at some point, resulting in passengers’ injury or death. In the event of a lawsuit stemming from such an accident, a court will likely find that a space flight entity operating suborbital flights is a common carrier, while an entity operating orbital flights is not. Regardless of whether these entities are common carriers, they face a threat of high levels of liability, as well as ...


Navigating The Turbulence: The First Circuit Clarifies The Preemptive Scope Of The Airline Deregulation Act In Brown V. Unived Airlines, Michael Welsh 2014 Boston College Law School

Navigating The Turbulence: The First Circuit Clarifies The Preemptive Scope Of The Airline Deregulation Act In Brown V. Unived Airlines, Michael Welsh

Boston College Law Review

On July 9, 2013, in Brown v. United Airlines, Inc., the U.S. Court of Appeals for the First Circuit held that the Airline Deregulation Act (“ADA”) preempted skycaps’ common law tortious interference and unjust enrichment claims. In so holding, the First Circuit articulated a two-pronged test in an attempt to provide clarity to the relationship between the savings clause and the preemption clause of the ADA. This Comment argues that the First Circuit’s two-pronged test is faithful to U.S. Supreme Court jurisprudence and should serve as a model for other federal appeals courts until the Supreme Court ...


Countdown To Blastoff: Florida's Deadline For Spaceport Zoning Laws, Anthony G. Ison 2014 SelectedWorks

Countdown To Blastoff: Florida's Deadline For Spaceport Zoning Laws, Anthony G. Ison

Anthony G Ison

No abstract provided.


Sms - Reaching Beyond Low Hanging Fruit, Stewart Schreckengast 2014 Embry-Riddle Aeronautical University

Sms - Reaching Beyond Low Hanging Fruit, Stewart Schreckengast

International Journal of Aviation, Aeronautics, and Aerospace

Human nature predisposes us to maximize our accomplishments while making a concerted effort to balance resource expenditures so we achieve an optimal return on our efforts. All too often what this really means is that we do the easy things that can be done with minimal effort; we grab the low hanging fruit. Traditional incident investigation methodology enables us to reach beyond the obvious reactive solutions. The incident investigation methodology is also an exceptional foundation for safety management system (SMS) development because it supports a holistic approach to reaching the fruit that is ripe for harvesting, the deficiencies that become ...


The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa 2014 Pepperdine University

The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa

Pepperdine Law Review

No abstract provided.


Incorporation By Reference In Maritime Arbitration, Arjya B. Majumdar 2013 SelectedWorks

Incorporation By Reference In Maritime Arbitration, Arjya B. Majumdar

Arjya B Majumdar

This paper deals with maritime arbitration in general and in particular, the applicability of arbitration clauses in charterparties incorporated by reference into bills of lading. Following a discussion on the origin of maritime arbitration we see how dispute resolution in the shipping industry had initially been associated with informal procedures involving little or no dependence upon courts and other systems of formal dispute resolution methods, thus bringing about a special nexus between the maritime industry and non-judicial methods of dispute resolution- such as arbitration.

One of the key requirements of an arbitration to take place is that the arbitration agreement ...


Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci 2013 The University of Maine

Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci

Honors College

Since their creation, automobiles have become a central facet of the American culture and psyche. As status symbols and modes of transportation their importance cannot be overstated. Americans love their cars, and the average citizen believes that he or she has legitimate privacy interests in his or her vehicle. But is this the case? For decades, The Court has struggled to balance 4th Amendment privacy rights with effective police procedure, and has thus handed down dozens of rulings on the topic, many of which often seem disparate and contradictory. In the face of such confusion, the Court’s answer has ...


Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell 2013 Pepperdine University

Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie 2013 Pepperdine University

Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie

Journal of the National Association of Administrative Law Judiciary

This case note will explore the U.S. Supreme Court's ruling in Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission. Part II will outline the historical background of the law at hand. Part III will lay out the essential facts of the case. Part IV will analyze and critique the majority and dissenting opinions. Part V will discuss the legal, administrative, and societal impact of the holding. Finally, Part VI will conclude the case note.


“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block 2013 College of William & Mary Law School

“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block

Virginia Coastal Policy Clinic

No abstract provided.


Curbside Service: Community Land Use Catalysts To Neighborhood Flowering During Transit Installations, Michael N. Widener 2013 Arizona Summit Law School

Curbside Service: Community Land Use Catalysts To Neighborhood Flowering During Transit Installations, Michael N. Widener

Michael N Widener

This article begins with this simple proposition: An infill transit construction project’s work destroys businesses in its right-of-way, pavement-chewing path. Transit construction’s collateral damage dislocates neighborhoods and unravels the social fabric of a community as locally established business operations fail. This article explains how cities with transit projects currently attempt solutions to the problem like rendering “marketing and social networking” advice and founding “business alliances” – and why cities fall short of their goal to stave off merchant failures. It next explains why merchant claims against cities asserting nuisance or regulatory takings are doomed to failure – and how cities ...


If You Give A Mouse A Cookie: California's Section 11135 Fails To Provide Plaintiffs Relief In Darensburg V. Metropolitan Transportation Commission, Kate Baldridge 2013 Golden Gate University School of Law

If You Give A Mouse A Cookie: California's Section 11135 Fails To Provide Plaintiffs Relief In Darensburg V. Metropolitan Transportation Commission, Kate Baldridge

Golden Gate University Law Review

This Note examines Darensburg and the evidentiary problems faced by plaintiffs entangled in the bus-versus-rail controversy that are inherent to disparate-impact litigation. Part I discusses the factual background of Darensburg and relevant federal and state law concerning claims of both intentional and disparate-impact discrimination. Part II examines disparate-impact jurisprudence in the context of the unequal distribution of municipal services as background to the complexity of the issues presented in Darensburg. Part III analyzes the Darensburg opinion in light of that background and shows that the burden-of-proof issues faced by plaintiffs are illustrative of the lack of effective guidance to plaintiffs ...


Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton 2013 SelectedWorks

Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Vivian E. Hamilton

Car crashes kill more teens each year than any other cause; and of the crashes in which they are involved, teens are overwhelmingly at fault. Teens crash at rates far higher than those of older drivers, and the younger the teen driver, the higher the risk—16-year-old drivers have crash rates 250% higher than those of 18-year-olds. Driving experience does not explain the difference; younger beginners crash at rates higher than those of older beginners. Instead, younger teens’ increased crash risk results primarily from immature regulatory competence. In other words, the capacities required for driving competence are still immature in ...


The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk 2013 Pepperdine University

The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk

Pepperdine Law Review

When aviation accidents occur, the National Transportation Safety Board conducts an investigation to determine the conditions, circumstances, and ultimately the probable cause of the accident. There is a federal statutory privilege which renders these reports, as well as testimony from the attending investigator, inadmissible as evidence in any suit or action arising from the accident. However, certain judicially created exceptions have arisen which permit portions of the report and certain investigator testimony to be admitted into evidence. The authors delineate and analyze these exceptions as they discuss the trend toward increased report and testimony admissibility. The authors conclude with a ...


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