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732 full-text articles. Page 7 of 13.

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 ...


Recovering Post-Withdrawal Costs: Indemnity Clause, Bailment And Unjust Enrichment, Alvin W. L. SEE, Ken T. C. LEE 2014 Singapore Management University

Recovering Post-Withdrawal Costs: Indemnity Clause, Bailment And Unjust Enrichment, Alvin W. L. See, Ken T. C. Lee

Alvin W-L See

The Supreme Court decision inENE 1 Kos Ltd v Petroleo Brasileiro SA Petrobras (The Kos) raised two issues of general importance: one on the construction of an indemnity clause in a time charter, and another on the nature of a gratuitous bailee's right to charge the bailor for the cost of taking care of the latter's goods.


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.


Tesla And The Car Dealers' Lobby, Daniel A. Crane 2014 University of Michigan Law School

Tesla And The Car Dealers' Lobby, Daniel A. Crane

Articles

Tesla Motors, the offspring of entrepreneur Elon Musk (who brought us Pay-Pal and SpaceX), is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested. Despite the acclaim, Tesla faces enormous challenges Despite the acclaim, Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars ...


Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York - Cubas V. Martinez, Gregory Gillen

Touro Law Review

No abstract provided.


Drones, Henry H. Perritt Jr., Eliot O. Sprague 2014 IIT 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 INDOT

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.


“Somebody Grab The Wheel!”: State Autonomous Vehicle Legislation And The Road To A National Regime, Andrew Swanson 2014 Marquette University Law School

“Somebody Grab The Wheel!”: State Autonomous Vehicle Legislation And The Road To A National Regime, Andrew Swanson

Marquette Law Review

This Comment critically analyzes bills, statutes, and regulations that govern the use of autonomous vehicles. Autonomous vehicles, also known as self-driving cars, represent the future of personal transportation. States have begun to regulate the testing and implantation of this technology onto public highways, and the federal government has suggested baseline regulations for states to consider when proposing future legislation. First, this Comment provides a brief overview of autonomous vehicle technology, as well as the pros and cons of a self- driving vehicle. Second, this Comment analyzes both enacted and proposed legislation at the state level. This Comment then recommends various ...


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 Stetson Unversity College of Law

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 University of South Australia

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.


Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber 2014 University of Massachusetts School of Law - Dartmouth

Your View: ‘Do Not Track’ Should Apply To Drivers, Too, Hillary B. Farber

Faculty Publications

Location tracking data can reveal quite a bit of information about a person when it is all pieced together. Just by knowing where and when a person frequents certain places we can know about his/her recreational habits, religious affiliations, professional affiliations, relationship status, personal health and hygiene, social preferences and contacts, and so much more. That is why it is so important to regulate the use of location tracking technology. There are a variety of efforts afoot to rein in government use of such technology – this op-ed is concerned with automated license plate readers.


Driving Privilege Cards For Undocumented Minnesotans: Addressing Constitutional Concerns And Promoting Public Safety, Lindsey R. Wheeler 2014 Mitchell Hamline School of Law

Driving Privilege Cards For Undocumented Minnesotans: Addressing Constitutional Concerns And Promoting Public Safety, Lindsey R. Wheeler

William Mitchell Law Review

No abstract provided.


The Greening Of Public Private Partnerships: What Design Professionals And Contractors Need To Know For Green Building's Next Legal Frontier, Tracy L. Steedman, Stephen Del Percio, Matthew L. Kimball 2014 Niles, Barton & Wilmer, LLP

The Greening Of Public Private Partnerships: What Design Professionals And Contractors Need To Know For Green Building's Next Legal Frontier, Tracy L. Steedman, Stephen Del Percio, Matthew L. Kimball

University of Baltimore Journal of Land and Development

America is at a pivotal moment in maintaining and modernizing its public infrastructure. Our nation's roads, bridges, water systems and energy networks have long been in poor repair. Much of the country's public infrastructure was put into place over fifty years ago, and many of these systems are simply overwhelmed or worn out. Infrastructure that is in poor condition or disrepair is mostly a hidden problem until it inconveniently stops working or worse, when ghastly consequences ensue from catastrophic failures.


Driving While Undocumented: Chapter 524 Allows Undocumented Immigrants To Apply For Driver’S Licenses In California, Vallerye Mosquera 2014 Pacific McGeorge School of Law

Driving While Undocumented: Chapter 524 Allows Undocumented Immigrants To Apply For Driver’S Licenses In California, Vallerye Mosquera

McGeorge Law Review

No abstract provided.


Derailed: The Locomotive Inspection Act And The Need To Extend The Field Preemption, Rebecca Diel 2014 Pacific McGeorge School of Law

Derailed: The Locomotive Inspection Act And The Need To Extend The Field Preemption, Rebecca Diel

McGeorge Law Review

No abstract provided.


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