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Full-Text Articles in Law

Federal Courts--Proposed Aircraft Crash Litigation Legislation, Kenneth W. Johnson Apr 1970

Federal Courts--Proposed Aircraft Crash Litigation Legislation, Kenneth W. Johnson

Missouri Law Review

The legal consequences of an air crash are infinitely more complex than other transportation disasters, and the litigation almost always presents special problems. A single crash often gives rise to multiple claims filed in diverse federal districts, each of which has proper jurisdiction and venue. Since liability may vary in accordance with the particular state law under which the case is tried, such duplication is arguably a necessary price for a federal system of law. State law, which ordinarily controls the resolution of substantive issues, may vary as to the use of certain defenses, the burden of proof, the availability …


The Use Of Arbitration In The Settlement Of Bilateral Air Rights Disputes, Ross T. Dicker Jan 1970

The Use Of Arbitration In The Settlement Of Bilateral Air Rights Disputes, Ross T. Dicker

Vanderbilt Journal of Transnational Law

In the field of aviation, world transportation is bound together by a highly complex and sophisticated arrangement in which each country designates a single carrier to carry its flag to foreign-countries. The United States has not followed this practice of designating one line as the nation's flag carrier and has twenty "international" carriers which transport passengers, cargo, and mail to foreign countries. Each one of these carriers is a private business concern, competing in most cases with another American carrier covering the same route, and in all cases with the air carrier of the country to which it flies. In …