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Full-Text Articles in Law

Of Cabbages And Cabotage: The Case For Opening Up The U.S. Airline Industry To International Competition, Robert M. Hardaway Jan 2007

Of Cabbages And Cabotage: The Case For Opening Up The U.S. Airline Industry To International Competition, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article attempts to show that the economic advantages of free trade in the airline industry is no less than other industries, but also that the reasons posited for the rejection of free trade do not stand up to comprehensive analysis. Proposed herein is the adoption of "cabotage," defined by the Standard Dictionary of the English language as "air transport of passengers and goods within the same national territory. ' The definition adopted by International Civil Aviation Organization (ICAO) at the Chicago Convention is, "Each state shall have the right to refuse permission to the aircraft of other contracting states …


Taxi And Limousines: The Last Bastion Of Economic Regulation, Robert M. Hardaway Jan 2000

Taxi And Limousines: The Last Bastion Of Economic Regulation, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

The study herein is divided into the following sections: Part II reviews the history of regulation and deregulation of the transportation industry in the United States and focuses on common denominators which the limousine industry shares with other sectors of the transportation industry, such as airlines, trucking, railroads, and taxicabs; Part II analyzes the history of economic regulation on the limousine industry and evaluates its competitive characteristics; Part IV collects the available data about the limousine industry and creates an economic model which can be used to plot the effects of regulation; Part V analyzes the various rationales which have …


Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms Jan 1993

Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.


Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey Jan 1992

Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey

Sturm College of Law: Faculty Scholarship

Most of this country's major airports are monopolies or duopolies at which one or two dominant carriers control a high percentage of terminal facilities. Airlines have used this market power to raise fares on flights originating and terminating at such airports. Although this power has been gained in part through the process of buy-outs and mergers in the airline industry itself, it has also been gained through actions taken in concert with airport authorities, such as when agreements are entered into that effectively limit the availability of airport facilities to new entrants and other competitors. Airlines, by virtue of rights …


Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms Jan 1992

Aviation Law And Regulation, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.


Airport Regulation, Law, And Public Policy: The Management And Growth Of Infrastructure, Robert M. Hardaway Jan 1991

Airport Regulation, Law, And Public Policy: The Management And Growth Of Infrastructure, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Drawing on both the expertise of professionals in the field and a grounding in law and public policy, this book examines the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion and operation of airports.


The Faa Buy-Sell Slot Rule: Airline Deregulation At The Crossroads, Robert M. Hardaway Jan 1986

The Faa Buy-Sell Slot Rule: Airline Deregulation At The Crossroads, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article analyzes the economic and legal consequences of the FAA Buy-Sell Rule. As a background to this analysis, Part II briefly reviews the history and purposes of airline deregulation. Part III discusses airport access restrictions as a threat to free entry and, consequently, to airline deregulation. Parts IV and V review the economic and legal status of existing airport resources so that slot allocation may be viewed in the broader context of airport resources. (It will be shown, for example, that the Buy-Sell Rule fails to address entry at the most critical point of bottleneck, namely terminal space and …


Transportation Deregulation (1976-1984), Robert M. Hardaway Jan 1985

Transportation Deregulation (1976-1984), Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

It is the purpose of this article to explore the social, economic and legal consequences of deregulation during its phase of transition, with emphasis on the application of economic principles to hard data obtained from industry, labor and government sources.