Law Commons^™

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Publications

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as …

The Law Of Aviation, By Rowland W. Fixel, Robert C. Brown

Dr Robert Brown

No abstract provided.

Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke

Michigan Journal of International Law

In 2003, Paul Hunt, the U.N. Commission on Human Rights' Special Rapporteur on the Right to Health, presented a report on the global availability of health care. Special Rapporteur Hunt argued that states are obligated to implement a right to health. Included in this right is the obligation "to ensure that no international agreement or policy adversely impacts upon the right to health, and that .. . international organizations take due account of the right to health, as well as the obligation of international assistance and cooperation, in all policy-making matters." One area Hunt left unexplored in his report was …

Sovereign Right Claim On Geo Stationary Orbit (Gso), Adhy Riadhy Arafah

Indonesia Law Review

The potency and unique characteristics of GSO for placing communication satellites located only above equatorial states makes the GSO as part of natural resources. The equatorial states realized that the use of GSO has many advantages and has implications to their national interest. However, basic principle in space law, Outer Space Treaty 1967 (Art.II), states that equatorial states forbidden to claim ownership of any part of outer space, particularly claim in sovereignty. The principle “first come first served” in placing of satellite on GSO, practically only gives the advantage to developed countries which have high satellite technology. Hence, the level …

Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert

Articles

Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …

La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García

Bruno L. Costantini García

La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.

Towards 'Flags Of Convenience' In Space?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the increasing privatization of outer space activities, the issue of appropriate national licensing thereof and the consequent risks of cheap 'flags of convenience' being sought for the purpose is becoming more relevant. The paper assesses the possibility of such 'flags of convenience' arising in the context of space activities, as well as what could be done about it, all with reference to the law of the sea where the concept originally was coined.

Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García

Bruno L. Costantini García

Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.

Managing Air Traffic Congestion Through The Next Generation Air Transportation System: Satellite-Based Technology, Trajectories, And - Privatization?, Justin T. Barkowski

Pepperdine Law Review

No abstract provided.

Inconstitucionalidad Del Cobro Del Impuesto Sobre La Renta Sobre Jubilaciones, Pensiones Y Haberes De Retiro, Guillermo Castorena

Guillermo Castorena

Argumentos de inconstitucionalidad del precepto. - La LISR no grava el ingreso por pensiones y por ende artículo el 109 fracción III es inconstitucional al no existir el objeto del gravamen. - Violación al artículo 5º de la Constitución Política de los Estados Unidos Mexicanos (CPEUM) pues al ser las pensiones, jubilaciones y haberes de retiro producto del trabajo, la retención realizada con fundamento en el artículo 109 fracción III, constituye una doble tributación. - Violación a los artículos 123 y 127 de la CPEUM, que señalan que el salario será gravable, pero no así la pensión. - Violación a …

Collaborating With Students As Co-Authors, Wendy B. Davis

Wendy B. Davis

Abstract: Collaborating With Students as Co-Authors By: Wendy B. Davis The purpose of this article is to describe the process of collaborating with students enrolled in a course to produce a casebook to be published after the conclusion of the course. I have written two published casebooks, with significant portions of each book written by students as contributing authors. Utilization of a variety of teaching methods facilitates learning by our students. While this article only describes one end- result, the creation of a casebook, the process of creating that book involves many different teaching methods, thus many different opportunities to …

Nasa's Commercial Crew Transportation System Requirements And The Faa Human Spaceflight Regulations: A Study In Contrasts?, Mark J. Sundahl

Law Faculty Contributions to Books

On December 10, 2010, NASA issued the second version of the technical requirements that will be imposed on private companies that provide orbital crew transportation services to NASA. These Commercial Crew Transportation System Requirements for NASA Low Earth Orbit Missions impose a multitude of operational and design requirements that, among other things, extend many existing NASA technical requirements to private service providers. The sheer volume of these requirements is daunting – being composed of a collection of approximately 80 existing NASA guidelines on various areas from crew health and safety to power systems, wiring, and orbital debris mitigation. This approach …

Contradictio In Terminis Or Realpolitik? A Qualified Plea For A Role Of 'Soft Law' In The Context Of Space Activities, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Discusses the issue of 'soft law' in the context of space activities, the characteristics of 'law' and '(international) space law,' the role of 'law' per se in the context of space activities, the use of qualified language in legal documents (including clauses beginning with words like should or may).

It is finally submitted that, while never losing sight of the benefits of a clear and coherent legal framework probably still best reflected through a treaty regime, in the arena of space activities there is considerable benefit from such mechanisms usually labelled 'soft law', whether in the context of customary …

Another Additional To National Space Legislation: The Austrian Outer Space Act, Adopted 6 December 2011, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

On December 6, 2011, the Austrian Parliament unanimously adopted the Bundesgesetz über die Genehmigung von Weltraumaktivitäten und die Einrichtung eines Weltraumregisters (Weltraumgesetz), or Austrian Space Act. Thus, Austria became the sixth EU member state and one of more than a dozen states globally adopting a comprehensive national act focusing on national activities related to or in outer space, and more specifically the prospect of fundamental private participation therein. Following the same analytical approach as with regard to the Swedish, UK, South African, Russian, Australian, Ukrainian, Norwegian, Brazilian, and Dutch national space acts, the present paper will analyze this most …

A Tale Of Two Oceans: Governance Of Terrestrial And Outer Space “Global Commons”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The governance of outer space is a key factor in determining whether that area will continue to remain open for scientific and other peaceful activities for the benefit of all mankind. At the same time, it is widely recognized that such governance is far from comprehensively realized as of today, and to the extent it does exist moreover, challenged by major developments, in particular in the area of private participation to space activities.

Taking such developments into account, efforts to further develop a proper system of governance for outer space often look for help to other existing, often more elaborated …

The Intersection Of Law And Ethics In Cyberwar: Some Reflections, Charles J. Dunlap Jr.

Faculty Scholarship

The purpose of this short essay is to reflect upon a few issues that illustrate how legal and ethical issues intersect in the cyber realm. Such an intersection should not be especially surprising., Historian Geoffrey Best insists, “[I]t must never be forgotten that the law of war, wherever it began at all, began mainly as a matter of religion and ethics . . . “It began in ethics” Best says “and it has kept one foot in ethics ever since.” Understanding that relationship is vital to appreciating the full scope of the responsibilities of a cyber-warrior in the 21st century.

Airspace And The Takings Clause, Troy A. Rule

Faculty Publications

This Article highlights several situations in which governments can impose height restrictions or other regulations as a way to effectively take negative airspace easements for their own benefit. The Article describes why current regulatory takings rules fail to adequately protect citizens against these situations and advocates a new rule capable of filling this gap in takings law. The new rule would clarify the Supreme Court’s takings jurisprudence as it relates to airspace and would promote more fair and efficient allocations of airspace rights between governments and private citizens.

Airspace And The Takings Clause, Troy A. Rule

Faculty Publications

This Article argues that the U.S. Supreme Court’s takings jurisprudence fails to account for instances when public entities restrict private airspace solely to keep it open for their own use. Many landowners rely on open space above adjacent land to preserve scenic views for their properties, to provide sunlight access for their rooftop solar panels, or to serve other uses that require no physical invasion of the neighboring space. Private citizens typically must purchase easements or covenants to prevent their neighbors from erecting trees or buildings that would interfere with these non-physical airspace uses. In contrast, public entities can often …

Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.