Air and Space Law Commons^™

Tax Reform Up In The Air: Redefining The Test For Qualification Of An Air Carrier For Sales Tax Exemption, Daniel W. Sepulveda

Journal of Air Law and Commerce

No abstract provided.

Presuming Patent Inventorship Without Further Examination: A Double-Edged Sword For Aerospace Companies, Jake Winslett

Journal of Air Law and Commerce

No abstract provided.

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Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Justin V. Lee

Journal of Air Law and Commerce

No abstract provided.

Event Horizon: Examining Military And Weaponization Issues In Space By Utilizing The Outer Space Treaty And The Law Of Armed Conflict, Ryan M. Esparza

Journal of Air Law and Commerce

This article takes the position that any lingering ambiguities surrounding the militarization and weaponization of outer space should be analyzed via the joint scope of the Outer Space Treaty and the Law of Armed Conflict. This article pulls key provisions from Additional Protocol I to the Geneva Conventions because of Additional Protocol I’s application in international conflicts and affirmation of the four Geneva Conventions. After an examination of key Additional Protocol I provisions and their application to space, this article conducts a joint analysis of the Outer Space Treaty and the Law of Armed Conflict. This joint analysis examines three …

Space Traffic Management Standards, Paul B. Larsen

Journal of Air Law and Commerce

This article is about the need for space traffic standards. It specifically focuses on international space traffic standards. Space traffic is currently tracked by radar. But, many objects—mainly space debris—moving in outer space are too small to be tracked and are still dangerous. The Kessler Syndrome predicts frequent collisions with increasing space debris in outer space in the near future. A four-fold increase in navigable outer space objects is likely. Therefore, organization of space traffic is urgently needed.

The Faa’S Mental Health Standards: Are They Reasonable?, Katie Manworren

Journal of Air Law and Commerce

No abstract provided.

Safety Meets Efficiency: The Medical Device Drone’S Role In Bringing About A Workable Regulatory Framework For Commercial Drones, Luke Strieber

Journal of Air Law and Commerce

No abstract provided.

Distributed Ledger Technology In The Airline Industry: Potential Applications And Potential Implications, Roberto Cassar

Journal of Air Law and Commerce

The objective of this article is to merge the growing phenomenon of distributed ledger technology with the airline industry. This article attempts to attain its objective by succinctly clarifying what distributed ledger technology truly is without explaining the minutest of its details. Further, this article seeks to achieve its objective by suggesting potential manners in which this technology could apply to the airline industry; this is an endeavor that, so far, does not seem to have been undertaken in a strict academic sense. Lastly, this article strives to link these potential applications to the empire of the law by shedding …

Pioneering The Right To Breastfeed At 35,000 Feet: Workplace Accommodations For Lactating Employees In The Airline Industry, Brooke L. Hauglid

Journal of Air Law and Commerce

No abstract provided.

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Journal of Air Law and Commerce

No abstract provided.

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Journal of Air Law and Commerce

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Antitrust Immunity For Joint Ventures Among Alliance Airlines, Fred Lazar

Journal of Air Law and Commerce

This article addresses four fundamental questions:

1. If joint ventures and, particularly, metal-neutral joint ventures produce significant benefits for consumers, then why not grant them antitrust immunity while subjecting them to periodic reviews that ensure benefits continue to materialize and exceed the potential costs of lessening competition?

2. Alternatively, why not grant antitrust immunity to a joint venture with a time limit and subject it to another review on whether the immunity should be extended for another fixed period of time?

3. Or, why not attach conditions other than carve-outs to any immunized joint ventures?

4. Finally, should immunity have …

Domestic Airline Mergers And Defining The Relevant Market: From Cities To Airports, Alexa Naumovich

Journal of Air Law and Commerce

In 2017, more than four billion people in the world used aviation to travel. Airlines within the United States transported 741 million passengers domestically. As passenger demand for air travel has risen astronomically, the number of airlines who serve domestic passengers has dwindled to five major U.S. airlines. This shift in the airline industry and the reduced number of domestic airlines requires the Department of Justice (DOJ) Antitrust Division (Antitrust Division) to alter its analysis of airline mergers to determine their anticompetitive ramifications.

This article serves as guidance for the future of airline mergers within the United States. It argues …

Terrorist Watchlists, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This chapter assesses the legal history and policy development of the U.S. government's system of terrorist watchlists and the institutions established to create and use them. Watchlisting is in fact an old practice given new meaning by technological change and the societal impact of the September 11, 2001, terrorist attacks. Statutes and judicial precedents from an earlier era on which the first post-9/11 watchlists were built were not made to regulate the expanded uses of the new watchlists and presented few if any constraints on their development. Civil litigation has both revealed the inner workings of terrorist watchlists and spurred …

Uas: Understanding The Airspace Of States, Stephen Migala

Journal of Air Law and Commerce

On August 29, 2016, regulations issued by the Federal Aviation Administration (FAA) went into effect that, for the first time in history, apply only to airspace below 500 feet. At the same time, in response to concerns over privacy and security, and the FAA’s delay in issuing these regulations, several states passed their own laws restricting drones. Simply put, these laws are on a collision course. The majority of commentators believe these state laws will be federally preempted, but they are most likely wrong. Very little attention has been paid to the strong argument that the FAA may not have …

Disassembling Assembler Liability: Are Oems Strictly Liable For Pma Parts In Aviation Cases?, Kevin M. Smith, Erik H. Beard

Journal of Air Law and Commerce

No abstract provided.

Mixed-Motive Mix-Up—Non-Prevailing Party Attorney’S Fees Under Texas Antidiscrimination Law “Up In The Air” After Fifth Circuit’S Peterson V. Bell Helicopter, Alexander P. Cohen

Journal of Air Law and Commerce

No abstract provided.

The Warsaw Convention: When Falling Is Not An “Accident”, Courtney Luster

Journal of Air Law and Commerce

No abstract provided.

Small Satellite Legal Issues, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

Who Owns The Moon, Mars, And Other Celestial Bodies: Lunar Jurisprudence In Corpus Juris Spatialis, Dennison A. Butler

Journal of Air Law and Commerce

No abstract provided.

The Enemy Among Us: The Insider Threat, Valerie J. Pelton

Journal of Air Law and Commerce

Given its role in regulating civil and military aviation, the Federal Aviation Administration (FAA) is one of the most visible federal agencies to the general public. To fulfill its domestic and international aviation roles, the FAA must strike a balance between security and commercial interests and its own budget constraints. It is also an economic and intelligence target. While aviation security policy has evolved since 2001, policies designed to promote commerce and to facilitate overseas operations and maintenance by U.S. carriers and aerospace manufacturers have resulted in two entities that are especially vulnerable to insider activities: foreign repair stations and …

Exploring Airline Contracts Of Carriage And European Union Flight Delay Compensation Regulation 261 (Eu 261)— A Bumpy But Navigable Ride, Richard Ritorto, Stephan A. Fisher

Journal of Air Law and Commerce

When passengers book flights on commercial airlines, they enter into contracts of carriage with the airline. This article will first examine the nature, scope, and enforceability of contract of carriage provisions involving domestic flights, followed by an examination of cases addressing the enforceability in the United States of a pro-consumer European Union (EU) regulation concerning compensation for flight cancellation, denied boarding, and delay.

Sharing The Skies: The Legal State Of “Flight-Sharing” After Flytenow And Current Regulatory Issues With Lyfting The Sharing Economy Off The Ground, Alexander P. Cohen

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

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Applying A Federal Standard Of Care In Aviation Product Liability Actions, Lauren Lacey Haertlein, Justin T. Barkowski

Journal of Air Law and Commerce

No abstract provided.

Cybersecurity In Aviation: Constant Vigilance Required, Hyattye O. Simmons

Journal of Air Law and Commerce

“Aviation is proof that given the will, we have the capacity to achieve the impossible.”

In today’s world, “it is imperative . . . [for] an efficient [and secure] . . . flow of goods and passengers”3 that we find the “will” to develop, implement, and maintain reasonable and resilient cybersecurity in aviation. Given the scope of the aviation industry in the United States, this article will analyze the nature of cybersecurity in three main areas: major cybersecurity issues, the importance of these issues, and recommended solutions.

De Facto Amendment Of A Faa Regulation By Non-Regulatory Interpretation: Unintended Consequences Of Faa Suggestions On How To Comply With The Flight Review Requirement, Michael L. Shakman

Journal of Air Law and Commerce

No abstract provided.

Competition And Subsidies In Air Transport Liberalization— The Uae-North America Dispute, Rachid Tiroual

Journal of Air Law and Commerce

Subsidy allegations against the three major Middle-Eastern carriers—Emirates Airlines, Etihad Airways, and Qatar Airways—have been brought by the three major U.S. carriers—American Airlines, Delta Air Lines, and United Airlines. The latter claim that the Gulf trio receives letters of credit and subsidies from their governments. They claim also that their rivals take passengers and revenues from U.S. carriers and force them to reduce, terminate, or forego services on international routes. This article rationalizes the ongoing debate without arguing whether the subsidy allegations are founded or not. It seeks to understand the basic rationale behind any findings and conclusions drawn by …

Front Matter

Journal of Air Law and Commerce

No abstract provided.