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Air and Space Law

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Full-Text Articles in Law

Access Mars: Assessing Cave Capabilities Establishing Specific Solutions: Final Report, Abdul Mohsen Al Husseini, Luis Alvarez Sanchez, Konstantinos Antonakopoulos, Jeffrey (Johannes) Apeldoorn, Kenneth Lowell Ashford Jr., Kutay Deniz Atabay, Sara Langston, Et Al. May 2019

Access Mars: Assessing Cave Capabilities Establishing Specific Solutions: Final Report, Abdul Mohsen Al Husseini, Luis Alvarez Sanchez, Konstantinos Antonakopoulos, Jeffrey (Johannes) Apeldoorn, Kenneth Lowell Ashford Jr., Kutay Deniz Atabay, Sara Langston, Et Al.

Sara Langston

The human race has evolved, grown and expanded through the exploration of Earth. After initial steps on the Moon, our next challenge is to explore the solar system. Mars shows potential for both scientific discovery and future human settlement, and so is a prime candidate for the next leap of human exploration. Such a bold endeavor will be a driver for an unprecedented worldwide cooperative effort and the catalyst for a new era of international, intercultural and interdisciplinary human relations. Scientific and technological progress will also accelerate as mankind is ushered into a new era of space exploration.

Currently proposed …


Developing Space: Political And Socio-Economic Rationales Of Emerging Space Programs, Sandra Cabrera-Alvarado, Sara Langston, Tanay Sharma May 2019

Developing Space: Political And Socio-Economic Rationales Of Emerging Space Programs, Sandra Cabrera-Alvarado, Sara Langston, Tanay Sharma

Sara Langston

A presentation on developing space programs in Latin America and the need to work together cooperatively to maximize budgets to support scientific and technological research.


Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston May 2019

Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston

Sara Langston

Commercial human spaceflight presents an area for engaging novel human activity and objectives, to include space exploration, entertainment, transportation and extraterrestrial resource acquisition. The inherent dangers and lack of scientific and medical certainty involved however raise interrelated questions of ethics, bioethics, law and public policy. This is particularly the case with spaceflight participant (SFP) screening, selection, and commercial human spaceflight activities where regulations are currently silent or lacking. In the absence of established law, ethics can play an important role by informing industry standards, policies and best practices. Understanding the fundamental ethical values at stake in the application of new …


Space Security And Gender: Incorporating The Gender Perspective Into Decision-Making Processes, Sara Langston May 2018

Space Security And Gender: Incorporating The Gender Perspective Into Decision-Making Processes, Sara Langston

Sara Langston

"Dr Sara Langston discussed the importance of including the gender perspective in decision-making processes for space activities. This included all areas, such as government and civil, peaceful and security related. She stated that values impacted the way people pursued their goals, and more role models were therefore needed in space activities. Women, in particular, offered forward thinking on numerous fronts, introducing a distinct form of problem analysis from that of men. While great minds often think alike, they also think differently. The gender perspective was about introducing a different way of thinking to long-standing debates. Ms Langston outlined four ways …


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Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd Jun 2017

Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan Chen Apr 2017

The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan Chen

Siyuan CHEN

In response to the sudden proliferation of hobbyist unmanned aerial vehicles used for digital imaging – or “drones”, as they are popularly, but rather inaccurately, labelled – the Singapore government enacted the Unmanned Aircraft (Public Safety and Security) Act in 2015 and also amended various existing laws relating to air navigation. However, in view of the rapid evolution in drone technology and the ever-expanding range of useful applications brought about by drones, what are some of the challenges that would be faced when enforcing the law against recreational users of aerial imaging in particular, and what are some of the …


The Regulation Of The Recreational Use Of “Drones” For Aerial Photography And Videography: Comparing Singapore’S Unmanned Aircraft Act With Other Legislation, Siyuan Chen Apr 2017

The Regulation Of The Recreational Use Of “Drones” For Aerial Photography And Videography: Comparing Singapore’S Unmanned Aircraft Act With Other Legislation, Siyuan Chen

Siyuan CHEN

In the last few years, there has been a dramatic increase in the use of remote-controlled copters or “drones” by recreational users to capture aerial photographs and videos on an unprecedented scale. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation and flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of these camera-carrying devices that even hobbyists can pilot with reasonable safety. However, there has been a consistent stream of public concern relating to issues of safety, privacy, and disruption of commercial interests. Lost in the paranoid cacophony is a question that …


When Robots Trespass, Thomas E. Simmons Dec 2016

When Robots Trespass, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.


“Lucy In The Sky With Diamonds”: Airline Liability For Checked-In Jewelry, Eloisa Rodriguez-Dod Nov 2016

“Lucy In The Sky With Diamonds”: Airline Liability For Checked-In Jewelry, Eloisa Rodriguez-Dod

Eloisa C Rodríguez-Dod

It is expected that when you arrive at an airport you most likely will have to check in a bag or two. What is not expected, however, is that someone would rummage through your baggage and take your belongings. Unfortunately, this happens frequently. A passenger packs her jewelry in her luggage, checks that luggage in, boards her flight, and never sees that jewelry again. Once she discovers the missing jewelry, her options for recovering the loss are quite limited. This article examines the history and current state of the law regarding airline liability for passengers’ lost belongings on domestic as …


Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson Sep 2016

Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen E. Henderson

Stephen E Henderson

Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.

My topic is not an easy one. The constitutional law …


If You Fly A Drone, So Can Police, Stephen E. Henderson May 2016

If You Fly A Drone, So Can Police, Stephen E. Henderson

Stephen E Henderson


According to the U.S. Constitution, the more you fly your drone, the more police can fly theirs. “Come on,” you might reply, “that hoary document”—and, yes, sorry to make you the sort who drops words like hoary—“that hoary document surely says nothing about drones.” But in fact it does. At least it does as interpreted by the courts. In particular, it is how they interpret the Fourth Amendment. So, to understand this aspect of drones, we first must understand this provision of the Bill of Rights...


One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr. Nov 2015

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start? (With Albert J. Plawinski", Henry H. Perritt Jr.

Henry H. Perritt, Jr.

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.
Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …


Developing An International Carbon Tax Regime, Steven Specht Aug 2015

Developing An International Carbon Tax Regime, Steven Specht

Steven Specht

As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …


Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague Dec 2014

Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.

Law Abiding Drones


Self-Defense Against Robots, A. Michael Froomkin, Zak Colangelo Aug 2014

Self-Defense Against Robots, A. Michael Froomkin, Zak Colangelo

A. Michael Froomkin

This paper examines when, under U.S. law, humans may use force against robots to protect themselves, their property, and their privacy. May a landowner legally shoot down a trespassing drone? May she hold a trespassing autonomous car as security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or a peeping Tom sufficient grounds to disable or interfere with it? How hard may you shove if the office robot rolls over your foot? This paper addresses all those issues and one more: what rules and standards we could put into place …


Drones, Henry H. Perritt Jr., Eliot O. Sprague Apr 2014

Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.

Abstract
Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.
Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.
This article evaluates drone technology and design …


Delayed Flights And Delayed Action: The U.S. Department Of Transportation’S Tarmac Delay Regulations And Their Impact On Air Travel, Daniel Friedenzohn Feb 2014

Delayed Flights And Delayed Action: The U.S. Department Of Transportation’S Tarmac Delay Regulations And Their Impact On Air Travel, Daniel Friedenzohn

Daniel Friedenzohn

No abstract provided.


Code-Sharing In The U.S. Airline Industry: Effective Disclosure Requirements For An Aspect Of Air Transport That Is Complex, Important, And Often Misunderstood, Daniel Friedenzohn Feb 2014

Code-Sharing In The U.S. Airline Industry: Effective Disclosure Requirements For An Aspect Of Air Transport That Is Complex, Important, And Often Misunderstood, Daniel Friedenzohn

Daniel Friedenzohn

No abstract provided.


The Aircraft Sector Understanding: New Financing Rules That Reflect The Aviation World Of Today, Daniel Friedenzohn Feb 2014

The Aircraft Sector Understanding: New Financing Rules That Reflect The Aviation World Of Today, Daniel Friedenzohn

Daniel Friedenzohn

In late February, the Organisation for Economic Cooperation and Development (OECD) held a signing ceremony for the new Aircraft Sector Understanding (ASU) that governs export financing rules for aircraft manufactured in all OECD countries and Brazil. Unlike a treaty, which results in countries adopting a document with compulsory obligations, this accord is a “soft law” non-binding arrangement. And yet, this multilateral gentlemen’s agreement, in its many versions, has been an effective tool in providing financing rules for civil and commercial aircraft. The ASU sets forth the most favorable terms that can be extended by export credit agencies to eligible parties …


Balance And Alliance, Daniel Friedenzohn Feb 2014

Balance And Alliance, Daniel Friedenzohn

Daniel Friedenzohn

DOJ's lawsuit against the AA-US Airways merger imposes an unanticipated and misguided delay in the US airline industry's long desired transformation.


Sharing Public Safety Helicopters, Henry H. Perritt Jr. Jan 2014

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

No abstract provided.


Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid Dec 2013

Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie M. Reid

Melanie M. Reid

One of the most significant contemporary issues in privacy law relates to law enforcement’s new domestic surveillance tool: unmanned aerial vehicles, also known as, drones. Law enforcement’s use of aerial surveillance as an investigatory tool is currently under attack. In the past, if law enforcement chose to follow a suspect throughout the day, either on the ground or in the air, they need not worry about seeking a warrant or determining whether probable cause or reasonable suspicion exists to justify their surveillance. Aerial surveillance of criminal suspects has been considered outside the protections of Fourth Amendment law. In the 1980’s, …


To Boldly Go: International Space Law And The Expansion Of Res Communis Doctrine, John Ehrett Dec 2013

To Boldly Go: International Space Law And The Expansion Of Res Communis Doctrine, John Ehrett

John Ehrett

International space law, while a relatively recent development in legal history, has far-reaching implications for the traditional conception of national sovereignty. Specifically,the doctrine of res communis - if imprudently incorporated into the broader body of international law - poses a new set of sovereignty challenges on both international and domestic levels. This article explores the history and sources of international space law before proceeding to analysis of the sovereignty questions currently facing world policymakers. The author finds that multilateral agreements conducted on an ad hoc basis are likely to offer a better approach to natural resource management than the broad …


¿Es Válida La Ampliación De Demanda Signada Por Licenciado En Derecho Autorizado?, Guillermo Castorena Apr 2013

¿Es Válida La Ampliación De Demanda Signada Por Licenciado En Derecho Autorizado?, Guillermo Castorena

Guillermo Castorena

En la actualidad las Salas del Tribunal Federal de Justicia Fiscal y Administrativa, han venido interpretando en diversos sentidos el artículo 5 de la Ley Federal de Procedimiento Contencioso Administrativo para considerar si se debe de tener por presentada o no la ampliación de demanda signada por un licenciado en derecho autorizado por la actora o su representante legal.


The Law Of Aviation, By Rowland W. Fixel, Robert C. Brown Dec 2012

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

Dr Robert Brown

No abstract provided.


Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder Dec 2011

Erau Aviation Wildlife Hazard Newsletter, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.


Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel Dec 2011

Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel

Richard A Grisel

The development of geothermal resources has been greatly hampered by the legal and institutional framework governing geothermal energy resources. This framework has been plagued by conflicting mining and water laws, anachronistic common law systems of property rights, problematic legal classifications of geothermal resources, and jurisdictional variances from state to state and between states and the Federal government. These issues have combined to significantly hinder the development of what will be a vital resource for our nation’s future energy needs.

This thesis concerns one way to address the suboptimal development of geothermal energy resources. Using the Federal acquisition of exclusive airspace …


Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater Oct 2011

Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater

Zygmunt J.B. Plater

The functional linkages between law and media have long been signficant in shaping American democratic governance. Over the past thirty-five years, environmental analysis has similarly become essential to shaping international and domestic governmental policy. Environmentalism—focusing as it does on realistic interconnected accounting of the full potential negative consequences as well as benefits of proposed actions, policies, and programs, over the long term as well as the short term, with careful consideration of all realistic alternatives— provides a legal perspective important for societal sustainability. Because environmental values and norms are often in tension with established industrial interests that resist public interest …


Aviation Wildlife Hazard - Uk Flight Safety Committee, Paul F. Eschenfelder Sep 2011

Aviation Wildlife Hazard - Uk Flight Safety Committee, Paul F. Eschenfelder

Paul F. Eschenfelder

No abstract provided.