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Report Of The 59th Colloquium On The Law Of Outer Space: Guadalajara, Mexico, 2016, Mark J. Sundahl, Kumar Abhijeet, P.J. Blount, Luis Fernando Castillo Argañarás, Christopher Johnson, R. Moro-Aguilar, Alexander Soucek, Olga Stelmakh-Drescher

Law Faculty Contributions to Books

The 2016 session opened with a keynote lecture by incoming IISL President, Kai Uwe-Schrogl, on the topic of space law and diplomacy.

The IISL is a kind of academic and quasi-diplomatic clearing house for the development of notions and ideas in space law.

Legal Research Using Technological Tools: Librarians' View, Lauren M. Collins, Susan Silver, Whitney Curtis

Law Faculty Contributions to Books

The technology revolution has impacted every aspect of our daily lives. It is hard to imagine a world without smartphones and the Internet. Where and how we access information has changed dramatically over the last decade. Gone are the days of traveling to the library check out books and read printed journal articles. No longer simply storehouses of print information, libraries but now serve as starting points for searching online information that can be be accessed anywhere, any time and on any device. Library research that used to take hours or days can now be done in minutes. Online materials …

Standards, Standards Everywhere: Assessing Current Initiatives For Human Spaceflight Standards And Their Potential Effect On Future Regulations, Mark J. Sundahl

Law Faculty Contributions to Books

One of the critical questions facing the human spaceflight industry is how its activities will be regulated during the infancy of the industry. It is generally agreed that regulation is necessary to address safety risks to crew, passengers and third parties. However, there is also a concern that government agencies may over-regulate the industry in a manner that could create unnecessary administrative burdens and interfere with technological innovation. In fact, the growth of regulation over the human space industry has been quite slow. Although the United States enacted the Human Space Flight Requirements for Crew and Space Flight Participants in …

How The Rescue And Return Agreement Can Protect (And Harm) The Interest Of A Creditor Under The Cape Town Convention, Mark J. Sundahl

Law Faculty Contributions to Books

This volume contains the proceedings of the 55th Colloquium on the Law of Outer Space held in Naples, Italy in October 2012, including the 27th IAA-IISL Scientific-Legal Roundtable, as well as the papers presented at the IISL-ECSL Space Law Symposium held on the occasion of the 51st session of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space in Vienna, Austria in March 2012, and of the 7th Eilene M. Galloway Symposium on Critical Issues In Space Law, held in Washington D.C., United States in December 2012. It also contains the report and best written …

Voting Technology And The Quest For Trustworthy Elections, Candice Hoke

Law Faculty Contributions to Books

This chapter reviews four dimensions of the still-unresolved voting technology quandary. It begins by briefly reviewing the Florida Bush v. Gore background that, combined with the tradition of state governmental control over election administration, spawned the contours and limitations of new federal regulatory apparatus. It also surveys some illustrative voting system malfunctions and their consequences surfacing predominantly from 2009–12.

The second part of this chapter, Federal Compulsion to Adopt Software-Based Voting Technologies, explains the misconceptions about software and digital equipment that led to both the flawed federal mandates and the ineffectual regulatory structure.

The third part of this chapter, Litigation …

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 …

Teaching Persuasion And Critical Thinking Using The State Of The Union Address, Claire May

Law Faculty Contributions to Books

No abstract provided.

Expansion Of Private Activity In Space And Its Impact On The Development Of The International Law Of Outer Space, Mark J. Sundahl

Law Faculty Contributions to Books

Private companies are playing an ever-larger role in the use of outer space and their presence in space will continue to expand in the coming years. For example, increased private activity in space will likely be encouraged by the new U.S. space policy proposed by the Obama administration which would require the U.S. government to rely on private companies for the delivery of crew, cargo, and satellites into space. This paper examines the effect that this increased private activity will have on the future development of the international law of outer space. One question that emerges from increased private activity …

Voting And Registration Technology Issues: Lessons From 2008, S. Candice Hoke, David Jefferson

Law Faculty Contributions to Books

This chapter reviews the 2008 field performance and the scientific assessments of both voting systems and the statewide voter-registration databases. The federal Help America Vote Act (HAVA) mandated each of these technologies. Despite definitive scientific studies that documented grave security deficiencies that can cause voting systems to produce inaccurate vote tallies and “winners” who actually had fewer votes, these systems continue to be deployed. The Chapter traces the regrettable decisions on election technologies to a poorly designed regulatory structure and staffing, which continue to underweight and misunderstand security issues in election technologies.

Bigelow Aerospace's Commodity Jurisdiction Request Under Itar And Its Impact On The Future Of Private Spaceflight, Mark J. Sundahl

Law Faculty Contributions to Books

On April 22, 2009, Bigelow Aerospace announced that the United States Directorate of Defense Trade Controls (DDTC) had responded favorably to Bigelow's commodity jurisdiction request to ease its regulatory burden under the International Traffic in Arms Regulations (ITAR). Prior to this decision by the DDTC, the presence of foreign nationals on a Bigelow space station would have been treated as an "export" of space technology under IT AR - thus requiring a license from the DDTC in addition to other burdens. Bigelow Aerospace's successful commodity jurisdiction request has removed these obstacles and, as a result, has breathed new life into …

Rescuing Space Tourists: A Humanitarian Duty And Business Need, Mark J. Sundahl

Law Faculty Contributions to Books

This paper explores the controversial topic of the duty to rescue under existing space law treaties and makes the case for an expansive interpretation of the treaties that would require states to rescue space tourists. This being said, space companies are advised not to rely on state action to rescue tourists in distress, but are instead urged to make their own arrangements to help ensure the safety of their customers and, in turn, limit their exposure to liability. To assist companies in this task, this paper sets forth the essential components of a rescue policy that should be adopted by …

The Framers' Idea Of Marriage And Family, David F. Forte

Law Faculty Contributions to Books

The founders understood the symbiotic connection between family virtues and civic virtues. They knew it through their study of the classics, through their imbibing of the Scottish enlightenment, through their understanding of the providential nature of the Judeo-Christian God, through their familiarity with self-governing liberty, and through their utter respect of their own human experience of living. They looked upon the family as a model in which man’s selfish impulses would be contained, where the coordination of practical tasks could be effectuated, and where sentiments of affection and mutual respect could bind a people into a nation. It was the …

Information Warfare: The Legal Aspects Of Using Satellites And Jamming Technologies In Propaganda Battles, Mark J. Sundahl

Law Faculty Contributions to Books

This paper examines the right of states to broadcast propaganda by satellite in times of war. In exploring this issue, the author addresses the hypothetical question of whether a state may use DBS technology to broadcast a commercial news program, such as CNN, into an enemy state in wartime as part of a larger campaign to win the support of the civilian population. The author begins by establishing that that the consent of a receiving state is required prior to such broadcasts, whether in peacetime or in times of war. This requirement of "prior consent" is the only restriction of …

Legal Issues In The Regulation Of On-Premise Signs, Alan C. Weinstein, Mary Morris, Douglas Mace, Mark L. Hinshaw

Law Faculty Contributions to Books

No abstract provided.