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- Antitrust enforcement; Department of Justice; airline antitrust; airline alliances; airline mergers; airline joint ventures; mergers and acquisitions; JetBlue Airways; JetBlue; Northeast Alliance; Northeast Alliance between JetBlue and American Airlines; American Airlines; Spirit Airlines; Spirit Airlines acquisition; Alaska Airlines; Hawaiian Airlines; Alaska-Hawaiian merger; inconsistent application of antitrust laws; airline consolidation; JetBlue Airways antitrust litigation; Spirit Airlines acquisition; Blue Sky; United Airlines; antitrust litigation; inconsistent antitrust enforcement (1)
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Articles 1 - 6 of 6
Full-Text Articles in Air and Space Law
Colliding Interests: Solving The Space Debris Crisis Through Us-China Cooperation, Grace E. Mannion
Colliding Interests: Solving The Space Debris Crisis Through Us-China Cooperation, Grace E. Mannion
Brooklyn Journal of International Law
As human activity in outer space accelerates, the accumulation of space debris in Low Earth Orbit (LEO) presents an increasingly urgent threat to global infrastructure, economic stability, and the future of space exploration. This Note examines the regulatory and geopolitical challenges underlying the space debris crisis, with particular attention to the fragmented nature of existing international legal frameworks. Current regimes, including the Outer Space Treaty and the Liability Convention, establish broad principles of cooperation and liability but fail to meaningfully address the rapid growth of orbital debris driven by both state and commercial actors. Focusing on the United States and …
Turbulence In The Courts: Jetblue Suffers From Faulty Antitrust Actions, Rudolph Veiga
Turbulence In The Courts: Jetblue Suffers From Faulty Antitrust Actions, Rudolph Veiga
Brooklyn Journal of Corporate, Financial & Commercial Law
Recently, the Department of Justice has become the leading force behind antitrust challenges against airline alliances and mergers. Unfortunately, it is difficult for someone to determine when the department will challenge an airline joint venture because the department has not consistently challenged all alliances or mergers over the last few years. JetBlue Airways defended itself against two different antitrust challenges by the department—one against the Northeast Alliance with American Airlines, and one against the acquisition of Spirit Airlines—and JetBlue lost both. The Department of Justice did not challenge the merger of Alaska Airlines and Hawaiian Airlines, which was finalized just …
North Korean Trash Balloons And International Law, Andrew Wolman
North Korean Trash Balloons And International Law, Andrew Wolman
Brooklyn Journal of International Law
In May 2024, North Korea introduced a new tactic to the inter-Korean drama: the launching of balloons full of trash into the South. To date, over 2,000 balloons of these balloons have been launched across the demilitarized zone, carrying a mixture of different types of waste as cargo. While they have led to little material damage, the trash balloons have raised tensions on the peninsula, and led to widespread condemnation, including on the grounds that they violate international law. In this paper I examine whether the launching of these balloons in fact does violate international law. I conclude that North …
Tailspin: Examining The Distortive Effects Of The Airbus-Boeing Duopoly On Trade Dispute Resolution Between The United States And European Union, Sam Bhat
Brooklyn Journal of International Law
This Note surveys the perverse effects of the Airbus–Boeing dispute on international trade, examining how this unique and unprecedented duopoly challenges WTO agreements regarding state assistance to domestic manufacturers of large civil aircraft. This trade dispute has precipitated significant consequences for industries unrelated to aircraft manufacturing on both sides of the Atlantic. Theoretically, the WTO’s dispute resolution framework is designed to maintain an undistorted status quo between member states. The case of Airbus–Boeing, however, has shown that a duopoly conflict masquerading as a WTO dispute leads to escalating tariffs with substantial repercussions. This is the costliest dispute in the history …
An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li
An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li
Brooklyn Journal of International Law
The concept of the Common Heritage of Mankind (CHM) remains uncertain and controversial. This article starts with an analysis of the legal status of the CHM to identify the legal subjects who can exercise rights to the CHM and what types of rights they have. It is argued that an exclusive property model is the one successfully implemented in the law of sea regime., i.e., the CHM is defined as an exclusive property of mankind. Mankind, as a separate entity, can have ownership over the CHM, while other entities can only exercise usufruct to the CHM. This article moves further …
Alternative Data And Insider Trading: Are Investment Managers Assleep At The Wheel On Big Data Use?, William Montemarano
Alternative Data And Insider Trading: Are Investment Managers Assleep At The Wheel On Big Data Use?, William Montemarano
Brooklyn Journal of Corporate, Financial & Commercial Law
The rapid rise of “big data” has transformed the way that professional investors make investment decisions. In addition, the intersection of the United States federal securities laws and the use of “big data” to inform securities trading lies in uncharted waters. The nuanced and factually-dependent securities laws are far behind industry practices, and the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have remained largely silent on the issue to date. This Note argues that this combination of murky laws and rapidly evolving business practices gives rise to legal and regulatory risk, and that investment managers leveraging …