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Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


Drive At Your Own Risk: Uber’S Misrepresentations To Uberx Drivers About Insurance Coverage Violate California’S Unfair Competition Law, Jennie Davis 2015 Boston College Law School

Drive At Your Own Risk: Uber’S Misrepresentations To Uberx Drivers About Insurance Coverage Violate California’S Unfair Competition Law, Jennie Davis

Boston College Law Review

Ride-sharing services such as Uber and Lyft have revolutionized the private transportation market. Given the lack of clear regulations over these businesses, however, insurance industry experts disagree with Uber about the adequacy of uberX drivers’ existing insurance coverage. This Note asserts that Uber misleads uberX drivers about the type and amount of coverage available to them, as uberX drivers have no first-party protections in place while they drive around searching for fares. This Note further argues that based on these insurance misrepresentations, Uber may be liable to injured uberX drivers under California’s unfair competition law for engaging in unfair ...


She’S Got A Ticket To Ride: The Ninth Circuit’S Determination In Sachs V. Republic Of Austria That A Ticket Sale By A Common Law Agent Abrogates A Foreign State-Owned Common Carrier’S Sovereign Immunity, Jennifer Lichtman 2015 Boston College Law School

She’S Got A Ticket To Ride: The Ninth Circuit’S Determination In Sachs V. Republic Of Austria That A Ticket Sale By A Common Law Agent Abrogates A Foreign State-Owned Common Carrier’S Sovereign Immunity, Jennifer Lichtman

Boston College Law Review

On December 6, 2013, in Sachs v. Republic of Austria, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a foreign state-owned common carrier carries on commercial activity in the United States when it sells rail passes through a United States ticket agent. In so holding, the court expanded the scope of jurisdiction over foreign state-owned entities to include claims arising from transactions with common law agents of foreign states. This Comment argues that the Ninth Circuit correctly applied principles of agency law to foreign state-owned common carriers acting through domestic ticket agents, and ...


Strict Liability In Cycling Laws To Ready The Roads For Environmentally Friendly Commuting, Colleen Maker 2015 Boston College Law School

Strict Liability In Cycling Laws To Ready The Roads For Environmentally Friendly Commuting, Colleen Maker

Boston College Environmental Affairs Law Review

Because automobiles cause harmful effects on the environment, the United States should encourage bicycling as an alternative means of transportation to automobiles. Many Americans elect not to cycle as a means of transportation out of fear of a collision with an automobile. Such collisions can be devastating physically and financially, and yet, after a bicycle-automobile collision, cyclists often bear the burden of proving negligence in a suit against the driver, and are often left without a remedy for their injuries. Other countries, such as the Netherlands, use a form of strict liability in lawsuits concerning bicycle-automobile collisions, which shifts the ...


Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski 2015 Gibson, Dunn & Crutcher, LLP

Standing Up For Industry Standing In Environmental Regulatory Challenges, Charles H. Haake, Raymond B. Ludwiszewski

Boston College Environmental Affairs Law Review

Article III of the U.S. Constitution limits courts to hearing only cases and controversies. To address this limitation, federal courts have developed the doctrine of standing, which requires a litigant to have suffered a cognizable injury in fact, which was caused by the challenged conduct and that will be redressable by a favorable outcome. Courts have struggled to balance these components and, in practice, different requirements have developed for meeting standing depending on the nature of the case and the type of party bringing suit. This Article explores the U.S. Court of Appeals for the District of Columbia ...


International Trade - Canada-United States - Motor Carriers - Reciprocity, Bernard Snell 2015 University of Georgia School of Law

International Trade - Canada-United States - Motor Carriers - Reciprocity, Bernard Snell

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Foundations Of Aviation Law, Ian McAndrew 2015 ERAU-WW

Book Review: Foundations Of Aviation Law, Ian Mcandrew

International Journal of Aviation, Aeronautics, and Aerospace

This review provides insight on the content and a review of the quality of the recent release of Foundations of Aviation Law from Ashgate Publications.

This review does not reflect the views of IJAAA or ERAU. This work was not peer reviewed.


Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard 2015 College of William & Mary Law School

Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard

William & Mary Environmental Law and Policy Review

Sea level rise, extreme weather events, and other problems caused or exacerbated by a changing climate present the most serious long-term threats to transportation worldwide. Recent disasters have carried a hefty price tag, and forecasts call for more frequent and more costly damage to infrastructure and disruptions of services that are central to trade, jobs, food access, national security, health, and personal mobility. It is essential to reduce greenhouse gas pollution to lessen future damage to transportation; however, even if emissions are cut drastically at this point, the impacts of a changing climate will continue for decades. As a result ...


Don’T Text A Driver: Civil Liability Of Remote Third-Party Texters After Kubert V. Best, Emily K. Strider 2015 College of William & Mary Law School

Don’T Text A Driver: Civil Liability Of Remote Third-Party Texters After Kubert V. Best, Emily K. Strider

William & Mary Law Review

No abstract provided.


An App For That: Local Governments And The Rise Of The Sharing Economy, Andrew T. Bond 2015 Notre Dame Law School

An App For That: Local Governments And The Rise Of The Sharing Economy, Andrew T. Bond

Notre Dame Law Review Online

The revolution of the Internet in the late 1990s brought consumers together in unique and unprecedented ways. The evolution of the sharing economy in the early twenty-first century builds upon the Internet’s revolution by connecting consumers and unused resources in a readily accessible and efficient manner.

At the same time, the sharing economy puts new pressures on local governments in choosing how to respond to this evolution. One method of evaluating local government responses is through a paradigmatic example. In this Essay, that case study is Uber: a novel and unabashedly antagonistic transportation service that offers on-demand taxi access ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve R. Darnell 2015 University of Nevada - Reno

One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve R. Darnell

Steve R Darnell

Only eight states continue to rely on the judicial system to suspend a drunken driver’s license instead of an administrative process. Federal agencies and special interest groups such as Mothers Against Drunk Driving (MADD) and the Insurance Institute for Highway Safety press for Administrative License Suspension (ALS) laws arguing these laws reduce drunken driving. While some research supports this view, there is an equally and more compelling literature indicating ALS laws are not effective in reducing drunken driving.

This study analyzed data from eight states that have adopted ALS laws to determine if the ALS laws reduced drunken driving ...


Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague 2015 Chicago-Kent College of Law

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

Henry H. Perritt, Jr.

No abstract provided.


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


Preemptive Strike: Law In The Campaign For Clean Trucks, Scott L. Cummings 2014 UCLA

Preemptive Strike: Law In The Campaign For Clean Trucks, Scott L. Cummings

UC Irvine Law Review

No abstract provided.


Eu-Switzerland: Quo Vadis?, Marc Maresceau 2014 European Institute of Ghent University

Eu-Switzerland: Quo Vadis?, Marc Maresceau

Georgia Journal of International & Comparative Law

No abstract provided.


U.S.-Eu Second Stage Air Transport Agreement: Toward An Open Aviation Area, Charles A. Hunnicutt 2014 Troutman Sanders LLP.

U.S.-Eu Second Stage Air Transport Agreement: Toward An Open Aviation Area, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.


Determinants Of Traffic Fatalities In The U.S., Hanna Stapleton 2014 Minnesota State University, Mankato

Determinants Of Traffic Fatalities In The U.S., Hanna Stapleton

Journal of Undergraduate Research at Minnesota State University, Mankato

This paper investigates the determinants of motor vehicle fatalities in each of the 50 states in the U.S., along with the District of Columbia. Using a panel data set from 1994 to 2005, we analyze how the factors, such as safety belt laws, speed control, alcohol usage, fine, driving conditions and annual vehicle-miles of travel (VMT), affect the incidence of traffic fatalities. Econometric models are developed and the estimates are obtained from a general-to-specific specification search based upon all the diagnostic tests in order to increase the probability of selecting models which are statistically reliable. The empirical results show ...


Revenue Adequacy: The Good, The Bad And The Ugly, John W. Mayo 2014 Georgetown University

Revenue Adequacy: The Good, The Bad And The Ugly, John W. Mayo

John W Mayo

Abstract: The concept of “revenue adequacy” made its way into the legal governance of the rail industry prior to the industry’s substantial deregulation via the Staggers Rail Act in 1980. This seemingly quiet feature of rail legislation has, however, increasingly grown central to the regulatory-deregulatory fault line in the 21st century rail industry. This paper examines the concept of revenue adequacy, a benchmark of United States railroad firms' financial performance calculated annually by regulatory oversight bodies. The paper addresses questions around the origins, measurement, informational provisions, value and policy benefits and costs of revenue adequacy. An examination of ...


The Intelligentization Of Automobiles:Smart-Cars、Robo-Cars And Their Safety Governance, Yueh-Hsuan Weng, Dominic Hillenbrand 2014 Peking University

The Intelligentization Of Automobiles:Smart-Cars、Robo-Cars And Their Safety Governance, Yueh-Hsuan Weng, Dominic Hillenbrand

Yueh-Hsuan Weng

Currently, we are witnessing the transition from feature- to smart-cars, and it will be arevolutionary trend since smart-cars’ highly perception with unstructured environments. The control systems in feature cars are well understood and within our theoretical frameworks. Certain safety properties of stability control systems-for example-can be formally proved. The underlying physical models are well understood and can be fitted with accurate sensor readings. The ECUs understanding of the environment is therefore close to the ground truth. However, as pointed out in this is no longer the case for smart-cars where driver assistance systems implement (semi)-autonomous behaviors. Except to smart ...


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