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Warsaw Convention Liability Limitations: Constitutional Issues, Thomas J. Dolan

Northwestern Journal of International Law & Business

The equal protection claim closely tracks the substantive due pro- cess claim. Both claims will succeed only if the liability limitations prove not to be means rationally related to a legitimate purpose. A right-to-travel challenge to the liability limitations should also fail. The liability limitations simply do not restrict travel. Nor do the liability limitations impose a prohibitive penalty on international air trav- elers. There is no constitutional right to the most desirable liability terms nor to the least expensive transportation. There remains the question of whether the liability limitations, converted to dollars at the last official price of gold, …