Air and Space Law Commons^™

Biometrics Takes Off—Fight Between Privacy And Aviation Security Wages On, Alexa N. Acquista

Journal of Air Law and Commerce

In the last two decades, the Department of Homeland Security (DHS) has implemented a variety of new screening and identity verification methods in U.S. airports through its various agencies such as the Transportation Security Administration (TSA) and Customs and Border Protection (CBP). In particular, biometric technology has become a focal point of aviation security advances. TSA, CBP, and even private companies have started using fingerprint, iris, and facial scans to verify travelers’ identities, not only to enhance security but also to improve the travel experience.

This Comment examines how DHS, its agencies, and private companies are using biometric technology for …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Accountability For Sexual Assault Aboard Airplanes: An Analysis Of The Need For Reporting Requirements At 35,000 Feet, Madison L. George

Journal of Air Law and Commerce

Currently, airlines have no legal duty to report an in-flight sexual assault to law enforcement. This lack of a duty to report hinders investigations, prevents victims from receiving closure, and imposes additional liability on air carriers. This Comment suggests imposing a mandatory and uniform reporting requirement on commercial airlines. This requirement would better assist travelers and help limit airlines’ liability for in-flight sexual assault.

By examining the purposes and policies of other mandated reporting laws, it is apparent that the airline industry is an apt place to instill a duty to report. Requiring airlines to report in- flight sexual assault …

Grounded: How The 737 Max Crashes Highlight Issues With Faa Delegation And A Potential Remedy In The Federal Tort Claims Act, Drew H. Nunn

Journal of Air Law and Commerce

The over-delegation by the Federal Aviation Administration (FAA) of new aircraft design certification authority to the very companies seeking such certification has led to a stunning lack of oversight and bending to private economic interests. Congressional action must be taken to ensure that aircraft certification authority, if delegated to private entities, is not delegated to any entities with ties to the companies seeking certification, and FAA oversight must be tightened.

This Comment analyzes whether the Federal Tort Claims Act could provide a potential avenue for plaintiffs to challenge the FAA as it relates to its oversight and delegation to The …

Liability For The Death Of Aircraft Passengers In Indonesia, Simon A. Butt, Tim Lindsey

Journal of Air Law and Commerce

No abstract provided.

Eu Air Passengers’ Rights Past, Present, And Future: In An Uncertain World (Regulation (Ec) 261/2004: Evaluation And Case Study), Sarah Jane Fox, Luis Martín-Domingo

Journal of Air Law and Commerce

Passenger rights have continued to be strengthened following deregulation in the European Union (EU—previously the European Community) with common rules on compensation and assistance to passengers in the event of denied boarding, cancellation, and long flight delays. In January 2020, the European Commission (EC) stated that “these rights need to be better known and easier to understand and enforced.” This article considers the emerging role of Claims Management Companies (CMCs) as a step to aid passengers in achieving redress against airlines, undertaking a case study of a CMC in Spain.

The research also addresses the complexities of airline passenger rights, …

Whose Rights Are They Anyway? Solving The Problem Of Extraterritorial Assertions Of Authority In The Aviation Industry, John L. Sasso

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Avoiding Pyrrhic Victories In Orbit: A Need For Kinetic Anti-Satellite Arms Control In The Twenty-First Century, Captain Cort S. Thompson

Journal of Air Law and Commerce

On March 27, 2019, India launched a direct ascent anti-satellite (ASAT) weapon, aimed at the Indian Ministry of Defense satellite Microsat-R. The kinetic-energy ASAT weapon collided with Microsat-R at an altitude of nearly 300 kilometers, creating an estimated 250 pieces of trackable debris from the 740-kilogram satellite. With this effective demonstration of ASAT capability, India became only the fourth nation to successfully intercept an orbiting satellite in the sixty-one years since the U.S.S.R. placed into orbit the first artificial satellite, Sputnik. While India’s demonstration purported to take deliberate steps to mitigate some of the risk associated with a …

Unfair Disclosure—Adopting A Limited Consultant Corollary For Foia’S Exemption 5 In Attorney Work–Product Cases Preserves Litigation Parity For Agencies Like The Faa, Ellen Smith Yost

Journal of Air Law and Commerce

No abstract provided.

Bet On The Field: Why Field Preemption Should Apply To The Federal Aviation Act, Jack Milligan

Journal of Air Law and Commerce

One of the primary challenges facing the American aviation industry is the issue of federal preemption. Although Congress has a long history of heavy involvement in regulating the aviation industry, the Federal Aviation Act (FAAct) does not include an express preemption provision, leaving states, courts, and industry members with little guidance about the proper reach of federal and state regulations. The circuit courts are sharply divided on their approaches and answers to this question. The issue of preemption is especially important in the context of aviation manufacturing, where the federal government has prescribed a litany of different safety standards, but …

Federal Dollars For All Humankind: Using Procurement Law To Increase Diversity In The Space Industry, Nicole A. Williamson

Journal of Air Law and Commerce

This Article explores how to employ federal government contracting programs to increase gender and racial diversity within the space industry. Part II of the Article touches briefly on the importance of diversity generally and examines the underrepresentation of women and minorities within the $325 billion industry surrounding outer space activities. Part III provides a high-level overview of federal government contracting, in particular focusing on Small Business Administration programs intended to benefit small businesses, minority-owned businesses, and women-owned businesses. Part IV concentrates on contracting within the space industry. Part V offers three suggestions to increase contract awards to women and minority …

Targeting In Outer Space: An Exploration Of Regime Interactions In The Final Frontier, Caitlyn Georgeson, Matthew T. Stubbs

Journal of Air Law and Commerce

Space infrastructure is now integral to both civilian life and warfare. Belligerents may find great military advantage in destroying a satellite in orbit, but this could have grave consequences for civilians on earth and create long-lasting space debris. This Article identifies the applicable law by harmonizing international humanitarian law, human rights law, and international space law. The Authors conclude that targeting a satellite in armed conflict will be permissible only as a measure of last resort, not of first response.

Can We Address Orbital Debris With The International Law We Already Have? An Examination Of Treaty Interpretation And The Due Regard Principle, John S. Goehring

Journal of Air Law and Commerce

India’s controversial anti-satellite test in 2019 provides the United States an opportunity to demonstrate leadership in preventing future debris-generating events. However, new international space laws or norms are unlikely. Instead, the United States could look to the international space law already in place, particularly the due regard principle contained within Article IX of the 1967 Outer Space Treaty (Article IX). Ignored throughout its history, Article IX’s due regard principle has untapped potential. States, through their practice in the application of treaties, can shape the interpretation of treaty provisions in order to accommodate changing circumstances. The United States has experience in …

Book Review: Space Law: A Treatise (Second Edition), Sylvia Ospina

Journal of Air Law and Commerce

No abstract provided.

Settling The Final Frontier: The Orbis Lease And The Possibilities Of Proprietary Communities In Space, Alexander W. Salter

Journal of Air Law and Commerce

The law and economics of space policy have recently become an important research area. In this Article, the author contributes to the literature on legal frameworks for outer space activities, specifically space settlement. Article II of the 1967 Outer Space Treaty forbids the extension of state territorial jurisdiction to outer space. Barring revision of this fundamental tenet of international space law, rules for human conduct in space must come from somewhere other than states. The author proposes privately owned and operated communities (proprietary communities) as a model for space settlement and residence. The author surveys the mechanisms that make such …

Taking An Independent Look At The Air Carrier Access Act: Why No Private Right Of Action Exists, Madison Gafford

Journal of Air Law and Commerce

No abstract provided.

Preventing A Cyber-9/11: How Universal Jurisdiction Could Protect International Aviation In The Digital Age, Laura K. Ashdown

Journal of Air Law and Commerce

No abstract provided.

New Entrant Airlines And Federal Grant Assurances: The End Of Southwest’S Dominant Presence At Love Field, Alex Paez

Journal of Air Law and Commerce

No abstract provided.

Pilots Out Of Uniform: How The Sixth Circuit’S Etihad Decision Undermines The Purpose Of The Montreal Convention, J. Collin Spring

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Patrick J. Kearns

Journal of Air Law and Commerce

No abstract provided.

Keeping The “Live” In Live Animal Air Cargo Transport, Noreen Lanza

Journal of Air Law and Commerce

No abstract provided.

Dot Final Rule On Air Charter Brokers: Paving The Way For The “Uberization” Of Private Air Travel, Jet Mcguire

Journal of Air Law and Commerce

No abstract provided.

Geophysical Trespass, Privacy, And Drones In Oil And Gas Exploration, Sean Valentine

Journal of Air Law and Commerce

No abstract provided.

Technological Solutions To Human Error And How They Can Kill You: Understanding The Boeing 737 Max Products Liability Litigation, W. Bradley Wendel

Journal of Air Law and Commerce

No abstract provided.

Unmanned But Accelerating: Navigating The Regulatory And Privacy Challenges Of Introducing Unmanned Aircraft Into The National Airspace System, Benjamin Kapnik

Journal of Air Law and Commerce

No abstract provided.

A Brave New World: Using The Outer Space Treaty To Design International Data Protection Standards For Low- Earth Orbit Satellite Operators, Amir Saboorian

Journal of Air Law and Commerce

No abstract provided.

Property Rules For Martian Resources: How The Space Act Of 2015 Increases The Likelihood Of A Single Entity Controlling Access To Mars, Tyler Conte

Journal of Air Law and Commerce

No abstract provided.

#Metoo At 35,000 Feet: Reducing The Risk Of In-Flight Sexual Assaults., Ryan Musser

Journal of Air Law and Commerce

According to the U.S. Federal Bureau of Investigation (FBI), reports of minors and women sexually assaulted on flights have risen dramatically in the last few years. It remains unclear whether this is the result of more assaults or an increase in victims’ courage to report as inspired by the #MeToo movement. In any case, America has been given notice of a truly horrifying problem and a lack of any real hope for victims. This Comment suggests that passenger safety can be improved by creating an Offender No-Fly List for those who have been convicted of inflight sexual assaults.

A flight’s …

Back To The Future? The Use Of Biometrics, Its Impact On Airport Security, And How This Technology Should Be Governed, Eric P. Haas

Journal of Air Law and Commerce

No abstract provided.