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Federal Preemption Of State Law: The Example Of Overbooking In The Airline Industry, Michigan Law Review
Federal Preemption Of State Law: The Example Of Overbooking In The Airline Industry, Michigan Law Review
Michigan Law Review
Such complexity is common in the airline context, both because the Federal Aviation Act1 (FAA) and the Civil Aeronautics Board (CAB) do not purport to regulate all aspects of the industry and because airline activities are so varied that they come within the reach of numerous state statutory and common-law rules. This Note will consider the power of the CAB to preempt state law and thereby to insulate airline activities from state-law liability. It will suggest a framework for analyzing the problems of preemption by focusing on airline concealment of overbooking practices. Section I explains airline overbooking and demonstrates that …
The Role Of The Local Comprehensive Plan In Land Use Regulation, Daniel R. Mandelker
The Role Of The Local Comprehensive Plan In Land Use Regulation, Daniel R. Mandelker
Michigan Law Review
This article will deal with the enlarged role of the comprehensive plan in the local land use control process. Part I examines traditional judicial views of the role of the comprehensive plan as a guide to zoning administration. Part II suggests that innovations in land use control and comprehensive planning techniques evidence a need for mandatory planning. Subsequent sections examine changes in the judicial attitude toward the role of the comprehensive plan in land use control administration, and survey some enacted and proposed state legislation that modifies the early planning acts by requiring comprehensive planning. This legislation is analyzed to …