Law Commons^™

The Future Of State Standing And The Controversial Massachusetts V. Epa Decision: United States V. Texas And Biden V. Nebraska Provide Mixed Signals, Bradford C. Mank

Case Western Reserve Law Review

No abstract provided.

Establishment Clause Mythology, Peter J. Smith, Robert W. Tuttle

Case Western Reserve Law Review

No abstract provided.

Judicial-Ish Efficiency: An Analysis Of Alternative Dispute Resolution Programs In Delaware Superior Court, Jordan Hicks

Washington and Lee Law Review

Since the late twentieth century, federal and state jurisdictions across the United States have explored the use of Alternative Dispute Resolution (“ADR”) programs to resolve legal disputes. ADR programs provide extrajudicial mechanisms through which parties can resolve their disputes without the delay and expense of a traditional judicial proceeding. Courts and practitioners alike have lauded ADR programs. For litigators, ADR programs are a way to deliver outcomes to clients quickly and efficiently. For courts, ADR programs are a way to remove cases from overcrowded dockets.

While ADR is generally considered to be speedier and more cost-efficient than a trial, little …

The Future Of International Climate Change Litigation, Heloise S. Evins-Mackenzie

Honors Theses

Small Island Developing States (SIDS) are increasingly seeking justice from international courts to address their significant climate change impacts, which are disproportionate to their minimal historical emissions. The Commission of Small Island States on Climate Change and International Law (COSIS), an internationally recognized legal body, has requested an advisory opinion on the obligations of all member states to protect and preserve the marine environment and prevent pollution related to climate change and its impacts. The present study aims to predict the future landscape of climate litigation if the International Tribunal for the Law of the Sea (ITLOS) specifies that states’ …

Tort Claims Arising From Military Aircraft Crashes Are Not Preempted By The Federal Aviation Act, Timothy A. Loranger, Crawford Appleby

Journal of Air Law and Commerce

The Second Circuit's landmark ruling in Jones v. Goodrich Pump & Engine Control Sys., Inc. establishes crucial precedent by asserting that tort claims stemming from military aircraft crashes are not field or conflict preempted by the Federal Aviation Act (the Act). This decision, the first of its kind at the appellate level, carries far-reaching implications. The court’s rationale, grounded in the Act’s plain language, emphasizes that “public aircraft,” including military ones, are exempt from Federal Aviation Administration regulation. Title 49, section 44701(a)(1), explicitly excludes public aircraft from the Act’s purview. While the court’s analysis relies on the Act’s text, it …

Space Mining, Isabelle M. Thibault

Journal of Air Law and Commerce

The Outer Space Treaty, the leading source of law for activities in space, has laid out various limitations and regulations regarding actions in space and how space can be used. One of these limitations is commonly referred to as the “non-appropriation principle.” The non-appropriation principle prohibits nations from making claims of sovereignty over celestial bodies in space. This presents a problem as the space industry continues to progress because it causes uncertainty regarding the meaning of appropriation, what is classified as a celestial body, what acts are allowed, and who specifically is prohibited from acting. This Comment identifies these problems …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Unlawful Seizure: The Legal Implications Of Russia’S Re-Registration Of Leased Aircraft, Matthew Ormsbee

Journal of Air Law and Commerce

During the Russian invasion of Ukraine, Russia passed a law allowing its domestic airlines to reregister foreign-owned aircraft on the Russian aircraft registry. This law raises important questions about dual registration—forbidden under international law—since the prior foreign aviation authorities had not consented to the deregistration of the subject aircraft. Even as lessors revoked airworthiness certificates, Russia re-registered more than 350 leased aircraft. The most significant problem in civil aviation today is Russia’s re-registration law, which undermines predictability, order, and safety. This essay argues that Russia passed its registration law because its war left it with few other options. This does …

Navigating Passenger Compensation: Implications For Airlines And Consumers, Noor Ain

Journal of Air Law and Commerce

Amid winter’s icy grip, as frigid December storms swept across the nation, a distressing scenario unfolded for countless airline passengers. In the realm of air travel, a ticket represents more than just a mere document. It embodies a contract, a covenant between passengers and airline companies. It symbolizes an agreement made by airlines—a commitment to delivering timely and uninterrupted travel experiences. Following the pandemic, which brought about technological failures, system outages, and staffing shortages, many travelers found themselves stranded due to prolonged flight delays or cancellations. Currently, the absence of viable options for passengers to seek recompense in the form …

The Eu-Asean Comprehensive Air Transport Agreement (2022): From Regional To Inter-Regional To Global?, Jae Woon Lee, Antigoni Lykotrafiti, Máté Gergely

Journal of Air Law and Commerce

The EU-ASEAN Comprehensive Air Transport Agreement (CATA) is the latest example of the EU’s effort to set a “global benchmark” in the regulation of international air transport. The EU-ASEAN CATA is an exceptional ASA for its geographic coverage, liberalizing impact, and expanded substantive scope. As the first-ever bloc-to-bloc ATA with 27 EU member states and 10 ASEAN member states respectively and a combined population of 1.1 billion, the EU-ASEAN CATA will make a significant impact not only on stakeholders in the EU and ASEAN, but furthermore on the rest of the world. The article aims to thoroughly examine the landmark …

Preempting The Buzz: Challenges For State And Local Regulation Of Drone Noise, Daniel Friedenzohn, Trevor Simoneau

Journal of Air Law and Commerce

From carrying life-saving medical supplies to delivering Amazon packages, drones are increasingly playing a more significant role in our society. Such operations, however, raise a variety of legal and public policy questions, all requiring answers before drone deliveries become commonplace in the package delivery ecosystem. One legal issue that remains significantly underexplored is the challenge of regulating drone noise. This issue raises vital questions of federalism and preemption in the broader debate over federal versus state and local power to govern different aspects of civilian drone operations.

Even though the noise generated by drones is much quieter than other types …

Ai, Originality, And Creativity: Copyrighting All The Melodies To Avoid Accidental Infringement,, Damien Riehl

Chapman Law Review

If you think of the 'Live Your Life' song, who thinks that 'Levitating' by Dua Lipa sounds like—or is substantially similar to—'Live Your Life,' by Artikal Sound System? Who does not think they sound substantially similar?

It’s a trap. That’s the wrong question to even ask. Really, the question of substantial similarity is number three in this. Really, the order of questions we should be asking is the following: is this melody even copyrightable in the first place? That’s the first question. And that’s what we are going to be talking about today. In 2019, I said to my colleague, …

Goodbye Copyright? The Rise Of Trademark And Rights Of Publicity In The Hip-Hop Music Industry, Kevin J. Greene

Chapman Law Review

"Hip-hop music dominates popular culture and fuels the global entertainment industry, from music to dance, film, advertising, television, social media, and the internet.8 Hip-hop music, also known as rap, is an art form created by African American artists, but largely controlled through distribution and intellectual property ('IP') transfers by majority white-led corporations.9 From its inception, hip-hop presented a challenge to prevailing theories and doctrines of intellectual property, especially copyright law. Today, the gauntlet of rules regarding who is an IP owner, what is and is not protected, and the law’s bias toward the sophisticated continues to burden hip-hop artists."

Preemption’S Climate Action Gap: How Chevron U.S.A. Inc. V. County Of Monterey Perpetuates Big Oil Capture In California, Lilia Alameida

Chapman Law Review

The oil and gas industry has argued that the use of unconventional extraction methods, such as fracking, is one way to reduce emissions, combat climate change, and bolster national security through energy independence. While fracking increases extraction output, modern research suggests that fracking increases the risk of earthquakes, water contamination, and disastrous spills. These risks deserve special attention in California, which is particularly susceptible to water scarcity and increased seismic activity.

In light of these concerns, the California state legislature enacted multiple amendments to the mandate of the California Geologic Energy Management Division (CalGEM), including the ambitious goal of reaching …

The Rural Lawyer Shortage As (Surprising) Scholarly Impetus, Lisa R. Pruitt

South Dakota Law Review

No abstract provided.