Air and Space Law Commons^™

The Error Of The Paquete Habana: U.S. Naval Forces In The Safe Harbor Of Commander-In-Chief Discretion And The Law Of War, T. Nelson Collier

St. Mary's Law Journal

Abstract forthcoming.

The Right Stuff In Geospace: Using Mutual Coercion To Avoid An Inevitable Prison For Humanity, Sarah Louise Vollmer

St. Mary's Law Journal

Even though you cannot see it, catastrophe is brewing in near-Earth orbit. As a product of the Cold War, the legal regime governing geospace and beyond has presented mankind with a paradox. Though we are free to utilize space through peaceful means, the inability to appropriate space by any sovereign claim of right has triggered a modern-day tragedy of the commons, with the only restriction being the constraints of radio frequency interference. The destructive domino effect of space debris collisions threatens the invaluable communicative and scientific utility derived from satellites in geospace. International and domestic space jurisprudence encourage space debris …

Autonomous Doctrine: Operationalizing The Law Of Armed Conflict In The Employment Of Lethal Autonomous Weapons Systems, Peter C. Combe Ii

St. Mary's Law Journal

Abstract forthcoming

Charter Air Travel: Paper Airplanes In A Dogfight (Comment), Gerald S. Reamey

Faculty Articles

Air transportation has traditionally been considered the most expensive form of travel. In that price context, the charter is an anomaly. Supplemental air carriers have built multi-million dollar businesses exclusively from the charter trade, and millions of passengers have flown by charter.

An anomaly, however, is inherently suspect and becomes proportionally more suspect as it infringes upon the status quo. Resolution of questions concerning the viability of the charter concept lies in a full understanding of the different charter forms available, the possible alternatives to these forms, the advantages and disadvantages of each, and the best way to accomplish the …

Allegheny Airlines, Inc. V. United States (Case Note), Gerald S. Reamey

Faculty Articles

On September 9, 1969, Robert W. Carey, a student pilot flying a solo cross-country flight in a plane owned by the operator of the flight school in which he was enrolled, collided with an Allegheny Airlines plane near Fairland, Indiana, destroying both aircraft and killing Carey, the crew of the Allegheny aircraft, and all 78 passengers. Allegheny Airlines, Inc. and G.E.C.C. Leasing Corporation brought suit-seeking recovery of damages sustained by their aircraft and engine, and named Forth Corporation, owner of the airplane and operator of the flying school, as a defendant. The trial court, in holding for the defendants, determined …

Allegheny Airlines, Inc. V. United States (Case Note), Gerald S. Reamey

Faculty Articles

Under Allegheny Airlines, the United States Court of Appeals for the 7th Circuit held that a flying school/aircraft owner is engaged in a joint enterprise with its student pilots and is vicariously liable for the student’s negligent acts. This Court and others have developed the principle that the vicarious liability of an aircraft owner for the actions of the pilot is dependent upon the existence of a principal/agent relationship between the owner and pilot. Courts developed this legal fiction to enable recovery by injured parties against the financially responsible principal, rather than effectively denying recovery by forcing personal judgments against …