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State Vehicle Electrification Mandates And Federal Preemption, Matthew N. Metz, Janelle London 2020 Coltura

State Vehicle Electrification Mandates And Federal Preemption, Matthew N. Metz, Janelle London

Michigan Journal of Environmental & Administrative Law

By requiring that new vehicles sold after a certain date be electric, states can lower drivers’ vehicle operating costs, boost local employment, and lower electric rates. But there’s a widespread perception that states can’t take advantage of these opportunities because a state vehicle electrification mandate would be preempted by federal law.

Not so.

While the Federal Clean Air Act (CAA) prohibits state regulations “relating to” the control of emissions in motor vehicles, and the Federal Energy Policy and Conservation Act (EPCA) prohibits state regulations “related to” fuel economy standards, there is a strong rationale for federal courts to ...


Solving The First Mile/ Last Mile Problem: Electric Scooter And Dockless Bicycles Are Positioned To Provide Relief To Commuters Struggling With A Daily Commute, Kelly Grosshuesch 2020 William & Mary Law School

Solving The First Mile/ Last Mile Problem: Electric Scooter And Dockless Bicycles Are Positioned To Provide Relief To Commuters Struggling With A Daily Commute, Kelly Grosshuesch

William & Mary Environmental Law and Policy Review

Commuters in cities across the United States struggle to find ease in their daily commute. Public transportation no longer provides residents with an adequate and reliable source of transportation.1 For many commuters, getting to and from nodes of public transportation is difficult and a deterrent from using public or shared transportation instead of driving.2 This, therefore, increases vehicle congestion and car emissions in cities. While multiple new technologies and innovations have emerged to attempt to help commuters with the trip to and from public transportation, most have fallen short.3 But two new innovations that have gained major ...


Distracted Guardians Yield Deadly Results: When Memory Fails, Additional Regulations Can Protect Childen And Animals From Vehicular Heat-Stroke, Shannon Murphy 2020 William & Mary Law School

Distracted Guardians Yield Deadly Results: When Memory Fails, Additional Regulations Can Protect Childen And Animals From Vehicular Heat-Stroke, Shannon Murphy

William & Mary Environmental Law and Policy Review

When the sun is shining bright on a scorching ninety-degree summer day, it takes less than an hour for tragedy to strike, even in the shade. Within less than sixty minutes, the temperature inside a closed vehicle will rise rapidly from the outdoor ninety-degree mark to upwards of more than one hundred and thirty degrees. As this temperature spike takes effect, any animal or child left in a vehicle will only have about fifteen minutes before being exposed to potentially deadly conditions.

While most of us think we are incapable of accidentally leaving our beloved child or companion in the ...


Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown 2020 University of Hawaii Law School

Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown

Washington International Law Journal

“Autonomous” workers include most gig-platform drivers, like those working globally for Uber and Lyft, who are usually classified as independent contractors and are ineligible for labor protections and benefits. The “new economy” and its business model, with its fissurization and increased use of contingent and outsourced workers hired as independent contractors, provide employers flexibility and lower costs by shifting labor costs to the workers. Many of these workers operate more as employees rather than genuine independent contractors or self-employed entrepreneurs, causing lost employee labor benefits and costing the government billions of lost tax dollars. Legal attempts continue to classify these ...


Commercial Transportation, Madeline E. McNeeley, Yvonne S. Godfrey, T. Peyton Bell, Elizabeth M. Brooks, Stephen G. Lowry 2020 Mercer University School of Law

Commercial Transportation, Madeline E. Mcneeley, Yvonne S. Godfrey, T. Peyton Bell, Elizabeth M. Brooks, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all of the significant forms of passenger and freight transportation across the United States. This Article surveys significant judicial, regulatory, and legislative developments in commercial-transportation law in the Eleventh Circuit during the period from January 1, 2019 through December 31, 2019. The first three areas discussed here are subject to heavy federal regulation due to their far-reaching effects on interstate commerce: trucking and other commercial motor vehicles, aviation, and railroads. This Article also touches on two additional issues: passenger transportation for hire (i.e., livery and rideshare services) and the development of autonomous-vehicle technology. While these issues ...


What Is Remembered, Alice Ristroph 2020 Brooklyn Law School

What Is Remembered, Alice Ristroph

Michigan Law Review

Review of Sarah A. Seo's Policing the Open Road: How Cars Transformed American Freedom.


Don’T Burn The Looms—Regulation Of Uber And Other Gig Labor Markets, Henry H. Perritt Jr. 2020 Chicago-Kent College of Law

Don’T Burn The Looms—Regulation Of Uber And Other Gig Labor Markets, Henry H. Perritt Jr.

Science and Technology Law Review

No abstract provided.


The Future State Of Mobility, Jerome Quandt 2020 Purdue University

The Future State Of Mobility, Jerome Quandt

Purdue Road School

Formed in 2018, the Illinois Autonomous Vehicles Association (ILAVA) is a privately funded non-for-profit organization focused on establishing thought leadership in the state of Illinois, by identifying and addressing the current and emerging opportunities related to the inevitable growth of CAV technologies throughout the transportation network. Through the deployment of scalable and sustainable business solutions, facilitating industry education and establishing thought leadership, ILAVA is creating an ecosystem that defines Illinois as #TheFutureStateofMobility.


For Once, A Defense Of Amtrak: Do Market Participants With Regulatory Authority Violate Due Process?, Blayne Justus Yudis 2020 University of Miami Law School

For Once, A Defense Of Amtrak: Do Market Participants With Regulatory Authority Violate Due Process?, Blayne Justus Yudis

University of Miami Business Law Review

The National Basketball Association (“NBA”) regulates American professional basketball.. After acquiring the New Orleans Hornets in 2010, the NBA temporarily became both the league regulator and a franchise owner. As owner, the NBA vetoed a trade that would have sent the Hornets’s best player to another team. Was the NBA acting out of self-interest when it blocked the trade? In other words, was its trade block fair?

Federal Courts have recently dealt with this issue in Association of American Railroads v. U.S. Department of Transportation. Following a decade of litigation, the D.C. Circuit Court of Appeals decided ...


Analysis Of Crashes Involving First Responder Vehicles, Josie Gray 2020 Embry-Riddle Aeronautical University

Analysis Of Crashes Involving First Responder Vehicles, Josie Gray

Dissertations and Theses

First responders face many hazards that put their lives at risk while on duty. A review of the National Law Enforcement Officers Memorial Fund statistics shows that 553 police officers died in the line-of-duty between 2008 and 2017 as a direct result of a traffic related incidents. Sadly, the nation’s first responders are exposed to factors which make them uniquely vulnerable to traffic related injuries and deaths. The goal of this research is to investigate and analyze crashes involving first responder vehicles and struck-by crashes. This project concludes that approximately 1.2% of the crashes in the state of ...


When Rubber Meets The Road: Balancing Innovation And Public Safety In The Regulation Of Self-Driving Cars, Spencer A. Mathews 2020 Boston College Law School

When Rubber Meets The Road: Balancing Innovation And Public Safety In The Regulation Of Self-Driving Cars, Spencer A. Mathews

Boston College Law Review

The prospect of self-driving vehicles operating on our roadways brings with it both promise and risks. One of the most prominent risks is ensuring that an appropriate regulatory scheme is in place to permit manufacturers to test and deploy self-driving cars on public roadways while minimizing safety threats to the public. Currently, self-driving cars are operating under a regulatory framework designed for vehicles driven by humans. Legislative proposals have been put forth to remove barriers and adjust the present self-certification model of compliance to fit self-driving cars. This Note explores the current state of the regulatory system for self-driving cars ...


Scoot Over: How Electric Scooters Violate The Ada And What Cities Can Do To Maintain Title Ii Compliance, Jo Ann Mazoch 2020 Southern Methodist University, Dedman School of Law

Scoot Over: How Electric Scooters Violate The Ada And What Cities Can Do To Maintain Title Ii Compliance, Jo Ann Mazoch

SMU Law Review

No abstract provided.


Commercial Transportation, Madeline E. McNeeley, Yvonne S. Godfrey, T. Peyton Bell, Stephen G. Lowrey 2020 Mercer University School of Law

Commercial Transportation, Madeline E. Mcneeley, Yvonne S. Godfrey, T. Peyton Bell, Stephen G. Lowrey

Mercer Law Review

Commercial transportation involves all of the significant forms of passenger and freight transportation across the United States. This Article surveys significant judicial and legislative developments in Georgia commercial-transportation law during the period from June 1, 2017 through May 31, 2019.

Three of the areas discussed here—commercial motor vehicles, aviation, and rail—are subject to heavy federal regulation due to their large effects on interstate commerce. Accordingly, motor-carrier and railroad law primarily saw developments pertaining to state procedure and in the interactions between state and federal law, while state aviation law primarily focused on Georgia’s efforts both to regulate ...


Grotheer V. Escape Adventures, Inc., Paisley Piasecki 2020 New York Law School

Grotheer V. Escape Adventures, Inc., Paisley Piasecki

NYLS Law Review

No abstract provided.


Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler 2020 University of Maryland Francis King Carey School of Law

Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler

Maryland Law Review

No abstract provided.


Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts 2019 Brooklyn Law School

Between Scylla And Charybdis: Maritime Liens And The Bankruptcy Code, Ian T. Kitts

Brooklyn Journal of Corporate, Financial & Commercial Law

Federal courts have had trouble fitting maritime law into the bankruptcy scheme created by the Bankruptcy Code (the Code). Particularly troublesome have been vessel-arrest proceedings that are underway when the vessel’s owner files for bankruptcy. Prior to the enactment of the Code, courts applied the doctrine of custodia legis to decide whether the admiralty or the bankruptcy court would administer the vessel. Since the Code was enacted, courts have generally held that the bankruptcy court gained control. A recent Ninth Circuit decision, however, split with other circuits and seems to have revived custodia legis. This Note argues that the ...


Critical Issues In Transportation 2019: Climate Change Resilience, Vicki Arroyo 2019 Georgetown University Law Center

Critical Issues In Transportation 2019: Climate Change Resilience, Vicki Arroyo

Georgetown Law Faculty Publications and Other Works

The climate is rapidly changing, bringing more frequent and extreme floods, droughts, and heatwaves, along with stronger hurricanes and more intense wildfires. Each year brings new record-breaking weather extremes; in the first six months of 2019, for example, a record number of U.S. counties flooded. July 2019 was the hottest month ever recorded for the world as a whole (1). Climate change is also melting glaciers, reducing the amount of sea ice, and raising sea levels, bringing devastation to coastal areas. From Louisiana to Alaska, many coastal communities are forced to make difficult decisions about whether to relocate to ...


Sabotage By Cabotage: The Jones Act’S Attack On U.S. Energy, Kyle Mason 2019 Pepperdine University

Sabotage By Cabotage: The Jones Act’S Attack On U.S. Energy, Kyle Mason

The Journal of Business, Entrepreneurship & the Law

This article will explore the ramifications that the Jones Act has on those other crucial areas of the U.S. economy, specifically looking at the U.S. energy market and analyzing how the Jones Act’s interplay with the domestic energy transportation market has been affected. Because of the substantial burden the Jones Act places on the shipping of natural resources, the U.S. energy market has been hindered, as this law continues to adversely impact both U.S. consumers and energy industry development in general. Given the U.S.’s renewed interest in development of an independent energy market ...


Re(Writing) The Rules Of The Road: Reflections From The Journal Of Law And Mobility's 2019 Conference, Raphael Beauregard-Lacroix 2019 University of Michigan Law School

Re(Writing) The Rules Of The Road: Reflections From The Journal Of Law And Mobility's 2019 Conference, Raphael Beauregard-Lacroix

Journal of Law and Mobility

On March 15th, 2019, the Journal of Law and Mobility, part of the University of Michigan’s Law and Mobility Program, presented its inaugural conference, entitled “(Re)Writing the Rules of The Road.” The conference was focused on issues surrounding the relationship between automated vehicles (“AVs”) and the law. In the afternoon, two panels of experts from academia, government, industry, and civil society were brought together to discuss how traffic laws should apply to automated driving and the legal person (if any) who should be responsible for traffic law violations. The afternoon’s events occurred under a modified version of ...


Strategic Implications For The United States Of The Belt And Road Initiative In Africa, Alec Monnie 2019 SIT Study Abroad

Strategic Implications For The United States Of The Belt And Road Initiative In Africa, Alec Monnie

Independent Study Project (ISP) Collection

The belt and road initiative is one of the most significant developments of the twenty-first century, which the United States will need to learn to adapt to. Much of the academic literature regarding the belt and road initiative mentions that Africa is a significant participant in this policy development, but fail to elaborate as to why that is, or what the implications for this are for the United States. This article expands upon the strategic significance of the African continent, and explains the implications thereof for the United States and China. This article argues that the belt and road initiative ...


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