Air and Space Law Commons^™

Here Comes The Boom: Reevaluating The Merits Of Faa Prohibition On Civil Supersonic Flight, Jonathan Petree

Journal of Air Law and Commerce

No abstract provided.

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 …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

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 …

Minimum International Norms For Managing Space Traffic, Space Debris, And Near Earth Object Impacts, Paul B. Larsen

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.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Flying While Intoxicated: Options For Pilots, Airlines, And The Faa In Dealing With Alcohol Issues, Catherine Parsley

Journal of Air Law and Commerce

No abstract provided.

The Rise Of The Drones: Framework And Governance— Why Risk It!, Sarah J. Fox Dr

Journal of Air Law and Commerce

Some seventy-one years ago, it was found that drones could play a role within our society. While the military was quick to realize this and develop the technology, it is only recently that the civilian application is being explored en masse. That said, given this prediction and the military direction, legislators find themselves now unprepared for the civilian use and market potential. However, this is not an unprecedented situation; the civil aviation (manned) market has often shown an inability to work together, be prepared, and cooperate. As a consequence, there has been fragmentation and, arguably, casualties associated with such lethargy. …

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 …

Faa Waiver-Of-Sanctions Defense—Boeta Clouds The Clearing Horizons Of Inadvertent Acts, Catherine Parsley

Journal of Air Law and Commerce

No abstract provided.

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.

Securities Regulation—Tenth Circuit Allows Lying Executives To Escape Section 10(B) Liability, Leaving Investors Remediless, Robert C. Uhl

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.

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 …

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.

Insider Threat: The Unseen Dangers Posed By Badged Airport Employees And How To Mitigate Them, J. Peter Greco

Journal of Air Law and Commerce

Security breaches involving badged airport employees1 are a growing risk in today’s commercial aviation industry. Currently at almost every commercial airport in the United States, employees of airports, airlines, purveyors, and other tenants enjoy unfettered access to the airport’s Security Identification Display Area (SIDA), sterile, and secured areas. In recent years, there have been several high profile incidents deriving from this freedom of movement and lack of oversight which have resulted in the introduction of dangerous contraband into the aviation system. Several alternatives can be implemented to combat this problem.

What is perhaps the most effective of these is also …

Commercialization Of Space Activities— The Laws And Implications, Eng Teong See

Journal of Air Law and Commerce

According to an estimate by the Satellite Industry Association, the global space industry grew from $104 billion in 2004 to about $322.7 billion in 2014. The figures encompass both satellite and non-satellite aspects of the space industry. The industry grew by another four percent in the years 2014 to 2015 to an estimated global industry revenue of $335.3 billion. With more commercialization of outer space activities, the figures are expected to continue to grow at an exponential rate. More and more States and private actors are keen on the lucrative space business, not to mention space resources. With more private …

Extraterritorial Jurisdiction—Warning: Second Circuit Breaks With Supreme Court Trend For Stricter Presumption Against Extraterritoriality, Alexandra R. Rahn

Journal of Air Law and Commerce

No abstract provided.

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.

Ordering The Cosmos: Private Law And Celestial Property Rights, Alexander W. Salter

Journal of Air Law and Commerce

The Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 (SPACE Act) aims to promote wealth creation by guaranteeing protection of U.S. citizens’ property rights to celestial resources. But there are serious concerns that government protection of space property claims are incompatible with international law. This article proposes a purely private legal system for space commerce as an alternative to government-defined and enforced property rights. Economic theory shows how property rights and rules for adjudicating disputes can be self-enforcing. Economic history shows that such a system has worked well for centuries in international trade. A private legal commercial order for …

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 …

Air Ambulance Reform – Why Congress Should Exempt Air Ambulances From “Carrier” Classification And Preemption Under The Airline Deregulation Act, Andrew J. Upton

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Kathryn A. Grace, Corey J. Wright

Journal of Air Law and Commerce

The following article provides an overview of recent, important developments in aviation law from February 1, 2016, to January 1, 2017. This article will cover cases concerning the topics of federal preemption, forum non conveniens, international treaties including the Montreal Convention, and federal jurisdiction.

“Fly The Friendly Skies”: How Implementing A Private Security System Can Improve The Safety Of The Nation And An Industry, Courtney Luster

Journal of Air Law and Commerce

No abstract provided.

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.