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Open Access. Powered by Scholars. Published by Universities.®

2018

Regulation

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Georgetown University Law Center

Air and Space Law

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Full-Text Articles in Law

A Tale Of Two Sovereigns: Federal And State Use And Regulation Of Unmanned Aircraft Systems, Laura K. Donohue Jan 2018

A Tale Of Two Sovereigns: Federal And State Use And Regulation Of Unmanned Aircraft Systems, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Despite claims to the contrary, the federal government is severely limited in what it can do to regulate unmanned aircraft systems (UASs). States, on the other hand, as governments of general jurisdiction, have expansive powers that they are already using to grapple with the questions posed by UAS related to privacy, crime, and public safety. This chapter outlines the evolution of federal measures, noting their limitations, before delving into three categories of state law, related to law enforcement, criminal measures, and regulatory regimes. The chapter then turns to the history of state sovereignty, looking at states’ jurisdiction over persons and …