Air and Space Law Commons^™

A Tribute To Charles A. Tarpley: Mentor, Friend, Aviator, Lawyer, And Gentle Man, James D. Struble

Journal of Air Law and Commerce

No abstract provided.

Profit Or Safety: Where Is Outer Space Headed?, Paul B. Larsen

Journal of Air Law and Commerce

The space powers (the U.S., the European Space Agency (ESA), China, and Russia) are now preparing national space traffic regimes with insufficient regard for the Outer Space Treaty’s (OST) agreed “Principles Governing the Activities of States in Exploration and Use of Outer Space.” The rapidly growing traffic of satellites, resulting in space debris, and the scarcity of radio frequencies and related orbits create obvious dangerous situations. States, including the U.S., agreed in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) on twenty-one Guidelines for Long-Term Sustainability of Space, some of which relate to space traffic management …

Using The Artemis Accords To Build Customary International Law: A Vision For A U.S.-Centric Good Governance Regime In Outer Space, Walker A. Smith

Journal of Air Law and Commerce

International space law is a relatively undeveloped field primarily occupied by the 1967 Outer Space Treaty (Treaty). This Treaty, while long on general principles, is short on details. With the United States’ recent push to return to the Moon by 2024 and send humans to Mars as soon as practicable after that, the time has come to fill in the gaps of the Outer Space Treaty out of necessity. The U.S. seeks to do this through the Artemis Accords (the Accords).

This Comment argues that the U.S. should use the Accords to develop a U.S.-centric legal and good governance regime …

“A Defendant’S Paradise”: Failings Of The Brooke Group Test In The Airline And E-Commerce Industries, Kaitlyn Thorson

Journal of Air Law and Commerce

No abstract provided.

Rethinking Cyberspace Operations: Widespread Electromagnetic Jamming By States Indicates Cyber Interference Is Not A Use Of Force, Vincent L. Defabo

Journal of Air Law and Commerce

Determining if a cyberspace operation by a State actor is an act of war (i.e., use of force under the U.N. Charter) has led to a misguided approach. In 2012, twenty legal experts that published the Tallinn Manual got it wrong. By utilizing the “effects-based approach” they attempted to equate the effects a cyber operation causes to that of a missile to determine if a use of force has occurred. While their underlying premise, that existing international law should be applied to cyber operations, was sound, the analytical approach is flawed.

This paper explores how the analytical model used by …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

International Aviation Law And Pandemic, Timothy Ravich

Journal of Air Law and Commerce

Commercial airplanes are vectors of infectious disease, advancing, if not sparking, global epidemics and potentially pandemics by exporting pathogens from endemic areas of the world to non-endemic places. For example, according to the global scientific community, the Zika virus was introduced to the Americas by air travel. Researchers also believe that infected mosquitos on international flights contributed to the worldwide spread of malaria, Middle East Respiratory Syndrome, and the West Nile virus. Most recently, governmental authorities worldwide, in addition to issuing national or local shelter-in-place orders, closed their borders and grounded nearly all international air travel on account of the …

Keeping Watch From Liftoff To Landing: A Call For Increased Public Education On The Intersection Of Human Trafficking And Commercial Air Travel, Gretchen Mahoney

Journal of Air Law and Commerce

Over the past two decades, multilateral organizations and the U.S. government have fought tirelessly to eradicate human trafficking. Drafting and passing protocols, resolutions, and statutes, these entities attempted to gain the upper hand by collecting and sharing data, bolstering victim services, and training agency officials, law enforcement officers, prosecutors, and judges on the hallmarks of trafficking circumstances. While these efforts delivered results and are cause for celebration, data shows that human trafficking remains deeply established and operative across the world even with these thorough steps.

A crucial venue for exposing and disrupting trafficking operations is the transportation industry. Traffickers exploit …

“No Waif In The Wilderness”: Contractual Doctrine And The “Self” Versus “State” Imposed Obligation, Tory A. Weigand

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Programmed To Protect And Serve: The Dawn Of Drones And Robots In Law Enforcement, Nanci K. Carr

Journal of Air Law and Commerce

No longer does the field of law enforcement rely solely on human cognition and capability as drones have become first responders, responding to emergency calls with a drone rather than a human officer. Drone technology can transform police work, just as it has package delivery and military strategy. These drone officers allow for higher law enforcement efficiency, safer communities, and even saved lives. However, they also raise civil liberty concerns given that the drones have the power to track vehicles and people without consent, and they can collect and store video records of everyday life, reducing expectations of privacy. This …

A Heartfelt Remembrance Of Charles Tarpley, C. Paul Rogers Iii

Journal of Air Law and Commerce

No abstract provided.

Tribute To Charles A. Tarpley, Kathlynn Fadely Lear

Journal of Air Law and Commerce

No abstract provided.

Tribute To Charles Tarpley, Jonathan M. Hoffman

Journal of Air Law and Commerce

No abstract provided.

A Further History Of The Smu Air Law Symposium, Don G. Rushing

Journal of Air Law and Commerce

No abstract provided.

A Primer On Opposing Construction Of Wind Farms Near Public-Use Airports, Alan Armstrong

Journal of Air Law and Commerce

We are witnessing an explosion in the construction of wind turbine generators, cell phone towers, and television/radio broadcast towers around the United States. The statutes, rules, regulations, and police guidance addressing when and where such structures can be erected near public-use airports are complex and intricate. The Federal Aviation Administration (FAA) focuses more on subjective than objective criteria in assessing whether an obstruction to air navigation is a hazard to air navigation.

To the extent the FAA conducts studies to determine whether an obstruction is a hazard, the courts are not uniform in assessing the effects of FAA studies. In …

Delivery Drones: Inapt For Application Of Current Negligence Theory, Hyewon Hannah Choi

Journal of Air Law and Commerce

No abstract provided.

Immunity Doesn’T Fly: The Case For Federal Responsibility For Torts Committed By Transportation Security Officers, Courtney Rimann

Journal of Air Law and Commerce

Transportation Security Officers (TSOs) are the Transportation Security Administration’s first line of defense against terrorism in U.S. airways. The American flying public puts their safety, and their luggage, in the hands of these officers, who execute searches that range from metal detectors to physical pat-downs. Since the federal government has mandated searches and screening for airport security, passengers should be able to seek recovery from the federal government where a TSO commits certain intentional torts in the course of duty. Currently, only the Courts of Appeals for the Third Circuit and Eighth Circuit have cleared the runway for such recovery …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Claim Splitting In The New World Of Several Liability And Personal Jurisdiction, Jonathan M. Hoffman

Journal of Air Law and Commerce

General aviation accident litigation has recently become more complicated, with multiple lawsuits filed in multiple venues to litigate the same crash. An informal poll at the Air Law Symposium indicated that a large percentage of the attendees had been involved in such cases.

Two primary forces likely give rise to these multiple lawsuits. First, with the demise of joint and several liability, plaintiffs are often forced to sue more defendants and for defendants to add more third-party defendants. Second, the more rigorous personal jurisdiction standards articulated by the United States Supreme Court in the past decade have tightened both general …

The Not So Friendly Skies: Pilots’ Attempt To Claim Employer Collusion With Rival Pilots Union During Collective Bargaining Fails In Beckington, Drew Baker

Journal of Air Law and Commerce

No abstract provided.

Air Ambulances And State Contract Claims: The Opening To Avoid Ada Preemption, John David Janicek

Journal of Air Law and Commerce

No abstract provided.

Minimum Wage Requirements: Seventh Circuit Perpetuates Employer-Friendly Flsa Interpretation, Ashley Jo Zaccagnini

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law – 2019, Arthur I. Willner, Raymond L. Mariani, Emily K. Doty

Journal of Air Law and Commerce

No abstract provided.

The Ninth Circuit’S Left Hook: Criminal Venue In The Skies And Why Lozoya Hits The Mark, Christopher Thomson

Journal of Air Law and Commerce

No abstract provided.

The West Caribbean Conundrum: The United States Versus France On The Availability Of Forum Non Conveniens Under The Montreal Convention Of 1999, David Cluxton

Journal of Air Law and Commerce

No abstract provided.

Ending The Forever War: Resolving The Boeing-Airbus Trade Dispute With A New Bilateral Agreement, Brooke Vaydik

Journal of Air Law and Commerce

In today’s ever-connected and increasingly global economy, there is a strong need for cooperation in bilateral and multilateral trade exchanges, but international trade disputes have arisen in the context of many industries, goods, and services. Over the last two decades, the European Union (EU) and the United States have been embroiled in a complicated dispute over subsidies given to their largest commercial airline manufacturers, a practice that both governments have engaged in heavily.

Increased global reliance on air travel, coupled with the dominance of few companies worldwide, has raised the stakes for maintaining innovation and profitability. Both the EU and …

The Legal Challenges Of International Suborbital Flights: A Bilateral Solution, Aram Daniel Kerkonian, Nivedita Raju

Journal of Air Law and Commerce

No abstract provided.