Air and Space Law Commons^™

Crash Landing: The Airline Industry’S Failing Efforts To Remedy Its Sexist And Discriminatory Practices Towards Flight Attendants, Elise Gonzalez

Journal of Air Law and Commerce

Since the deregulation of the airline industry, flight attendants have become the friendly faces and hallmark of airline brands across the globe. However, airlines went to unconstitutional heights to ensure that flight attendants looked, behaved, and acted in compliance with conservative and outdated notions about gender and sexuality. Piece by piece, the airline industry’s strict and misogynist policies that regulated female flight attendants’ appearance were declared a violation of Title VII of the Civil Rights Act; however, the sexist policies and attitudes maintain a pervasive and insidious presence in the modern airline industry.

Moreover, the airline industry’s dress and appearance …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Autonomous Archaeological Authority: The Future Of Drone Use And Privacy Laws In Cultural Heritage Preservation, Kara Anderson

Journal of Air Law and Commerce

Since ancient times, humanity has placed high value on natural and cultural phenomena, with Philo of Byzantium recording the first list of the “Seven Wonders of the Ancient World” as early as 225 B.C.E. Similarly, modern world leaders continue to recognize the value of these and more sites through preserving them as United Nations Educational, Scientific, and Cultural Organization (UNESCO) World Heritage sites. With the advancement of drone technology, researchers now employ drones to aid preservation efforts since drones can enter dangerous and humanly-inaccessible spaces, provide detailed images of sites the human eye cannot see, and assist governments in identifying …

Aircraft Leasing—How To Comply With The Regulations And What Happens When You Don’T, David T. Norton, Gregory J. Reigel

Journal of Air Law and Commerce

The Federal Aviation Administration’s (FAA) increased emphasis on investigating improper leasing/illegal charter presents a challenge for aircraft operators. Understanding the regulatory requirements related to aircraft leasing is critical for operators to ensure their aircraft operations are compliant. Equally important is the need for aircraft operators to understand how the FAA exercises its oversight when it investigates alleged improper leasing/illegal charter operations, the consequences to which an aircraft operator may be subject in the event of non-compliance, and how an operator who is the target of such an investigation may respond to and/or work with the FAA to successfully resolve the …

The Cape Town Convention Offers Registered International Interests Providing Maximal Security To American Lessees Of Aircraft, B. Patrick Honnebier

Journal of Air Law and Commerce

This paper focuses on the acquisition of aircraft by United States-based airlines. At present in the U.S., airlines are faced with a fierce competition, and to commercially survive, they keep advertising that they operate modern and safe aircraft. Since the beginning of aviation, there does not exist a fully state-owned “flag carrier” in the U.S. On the contrary, the commercial airlines market has always been in the hands of private undertakings. Traditionally, the airlines themselves have arranged the acquisition of their fleets of aircraft. For this purpose, they have to obtain loans from private banks and other non-governmental financial institutions. …

On Who Should Pay When Orbital Debris “Trickles-Down” In A Tragedy Of The Low Earth Orbit Commons, Michael B. Runnels

Journal of Air Law and Commerce

In March 2023, NASA released the most rigorous and wide-reaching orbital debris analysis in the space law literature that provides a cost-benefit analysis of removing orbital debris from low Earth orbit (LEO), a region of the Earth’s environment with no environmental regulation. NASA contextualized the motivation in releasing this report as rooted in the exponential growth of the commercial satellite industry, noting that “the number of tracked and untracked debris in LEO is projected to grow . . . even if no new satellites are launched into space, yet launch traffic is likely to increase in the coming decade compared …

Delayed Flights And Delayed Rights: It Is Time For The United States To Follow The European Union’S Lead And Enact More Regulations To Protect Airline Passengers, Hannah Foote

Journal of Air Law and Commerce

Since Congress passed the Airline Deregulation Act of 1978, travelers have benefitted from airline deregulation through discounted prices and greater access to air travel, but these benefits have largely been offset by the reality that many airline passengers are unsatisfied with the airline industry’s customer service, or lack thereof. This Comment argues that the United States should follow the European Union’s lead and, in accordance with Regulation EC 261, require airlines to compensate passengers when their flights are delayed or canceled. The concentrated aviation industry has created a market that does not adequately protect airline passengers, and the courts have …

Navigating Through Cloudy Skies: The Montreal Convention & Article 17 “Accidents” Post-Moore, Elan Wilson

Journal of Air Law and Commerce

The Montreal Convention is a multilateral treaty that comprehensively regulates international air carriers. Specifically, Article 17 of the treaty allows passengers to recover against air carriers for injuries or deaths on international flights, so long as certain requirements are met. In Air France v. Saks, the Supreme Court held that “accident”—a controlling term in Article 17—describes an event that is external to the passenger and “unexpected or unusual.” Last year, in Moore v. British Airways PLC, the First Circuit purported to identify a split over what this language means. According to Moore, there are courts who (correctly) …

Flying Towards Extinction: The Role Of The Aviation Industry In Perpetuating International Wildlife Trafficking, Isabelle Dominguez

Journal of Air Law and Commerce

In the past sixty years, the world has developed significant concern for burgeoning environmental issues. Starting in the 1960s, governments, industries, and the public have embraced efforts to set standards for public and private actors in areas of environmental concern. Particularly, increased globalization has led to an increase in the trade of wildlife and its products, including endangered species.

Unregulated wildlife trade implicates various issues, such as conservation concerns, the spread of diseases, and even funding for criminal organizations. While sovereign governments work independently and together to combat wildlife trafficking and its effects, current law leaves significant gaps in the …

Non-Governmental Organization (Ngo) Participation In Civil Aviation Policy And Decision Making, Goran Petrović

Journal of Air Law and Commerce

This article discusses the role and influence of non-governmental organizations (NGOs) in civil aviation. These organizations represent a way for united citizens to realize some of their global (national) interests, that is, to realize their ideals. NGOs participate in the work of international institutions and cooperate with specialized UN agencies. For the consideration of civil aviation NGOs, which have global coverage, the relationship and influence they achieve in relation to the International Civil Aviation Organization (ICAO) as a specialized agency of the UN is important. The participation of certain NGOs in the work of the Air Navigation Commission (ANC) as …

Rethinking Spectrum Governance After The Faa And Fcc’S Turf War Over 5g, Jace Breedlove

Journal of Air Law and Commerce

The rollout of 5G technology promised transformative benefits for consumers and the economy. But a protracted dispute between the FCC and FAA relating to 5G interference with airplane safety equipment prevented a smooth 5G rollout. While the FCC was giving wireless companies the green light to roll out 5G service, the FAA was warning of apocalypse if they did. What resulted was a turf war between the FAA and FCC, revealing a dysfunctional process (or lack thereof) for handling spectrum interference concerns. This Comment argues that the United States’ spectrum management system needs an overhaul to prevent similar agency turf …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Opening Pandora’S Box: Comparing Airline Passenger Protection In Korea And Europe In Light Of Global Treaties, Pablo Mendes De Leon, Jin Choi

Journal of Air Law and Commerce

Passenger protection will continue to ask for attention. The involved bodies and persons include policymakers and legislators, media, courts, compliance departments of airlines, law firms, consumer protection organizations, and airports. All parties must announce the conditions for such protection on their premises. In 2020, around 50% of all cases in the Netherlands, around 4,000 to 5,000 claims submitted to the lower courts, concerned passenger protection in aviation. In the Republic of Korea (Korea), these numbers are more limited but still significant; that is, around 2,500 claims form the aggregate number presented to Korean courts and Korea’s Consumer Protection Agency.

The …

From Geopolitics To Lunapolitics: A Response To Lee’S The Future Of The Law On The Moon, Andrea Harrington

Journal of Air Law and Commerce

No abstract provided.

Commentary: Lunar Court Operational And Constitutional Considerations, Megan Sieffert

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Brittany C. Wakim

Journal of Air Law and Commerce

Recent Developments in Aviation Law addresses developments in aviation law from January 2022 through December 2022. This submission focuses on certain cases in the area of aviation law that are expected to have a significant impact upon, and ramifications for, the industry going forward such as: (1) the Federal Aviation Act and Federal Aviation Regulations; (2) the Air Carrier Access Act; (3) the General Aviation Revitalization Act; (4) the Airline Deregulation Act; (5) the Montreal and Warsaw Conventions; (6) the Federal Tort Claims Act; and (7) the Death on the High Seas Act. Finally, this submission also discusses recent developments …

The Airline Pilot Shortage: A Result Of Age Discrimination Or Excessive Training Requirements?, Katherine Hancock

Journal of Air Law and Commerce

In its relatively short history, public air travel has seen its fair share of airline pilot shortages. Before the COVID-19 pandemic, the industry was facing yet another. There was virtually no part of the airline industry untouched by the pandemic, and pilot supply was no exception. As an attempt to mitigate profit loss, airlines offered pilots early retirement packages. When air travel returned to pre-pandemic numbers earlier than expected, airlines struggled to fill cockpit seats, which was a major factor in causing the extensive flight cancellations and delays in 2022.

Legislators sought to alleviate the issue by raising the federally …

Hot Topics And Current Issues Related To Aircraft Ownership, Cost Sharing, And A Case In Point If The Law Is Not Followed, Katherine Staton

Journal of Air Law and Commerce

This paper will explore the issues encountered when multiple users and/or entities purchase or sell an aircraft for business or personal use, which commonly involve the navigation of and compliance with Federal Aviation Administration (FAA) and Internal Revenue Service (IRS) regulations and accompanying federal statutes. This paper will also address the ownership of aircraft by multiple individuals and/or entities, and then operations under various ownership structures. Where multiple aircraft owners are involved, the utilization of dry leases, time sharing agreements, interchange agreements, and co-owner/joint-ownership agreements may be used to navigate FAA and IRS regulations and rules. Also, co-owning an aircraft, …

The Department Of Transportation’S Failures In Regulating Emotional Support Animals, Jillian Doughty

Journal of Air Law and Commerce

In the past decade, the number of emotional support animals being used to treat a wide array of mental and emotional disorders has multiplied exponentially. This increase has been met with mixed reactions in the context of air travel. While some passengers are thrilled to sit next to a dog on their flight, others are frustrated due to the belief passengers with emotional support animals are exploiting a loophole to travel with their pet for free. Regardless of the differing perceptions, emotional support animals are a valid, affordable way to treat mental health illnesses without incurring negative side effects associated …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The U.K.’S ‘Appetite’ For Space: An Increased Craving!, Sarah Jane Fox

Journal of Air Law and Commerce

Launching into space was once the pursuit of super-power nations, who, during a period of international tensions, competed to be the first—the first into space and the first to the Moon. While the United Kingdom (U.K.) had a similar appetite it never achieved a space launch from its national soils, often thwarted by political and economic constraints. This said, the U.K. has played a key role, working alongside other nations in technological advancements related to space. This paper revisits the historical legacy of the U.K.’s space ventures and its space policies before comment is made to the current strategy …

When Federal Standards Crash And Burn: The Need To Distinguish Aviation Product Liability Claims From In-Air Operations Cases, Olivia Cahill

Journal of Air Law and Commerce

If you are injured in an aviation disaster or lose a loved one in a plane crash, may you seek recovery under state law? Do federal regulations provide adequate opportunities to compensate aviation crash victims? These are questions few people think to ask themselves. A more common query is what entity regulates the more than 16 million flights that occur yearly in the U.S., and how do you know whether the aircraft you fly on are safe?

The tragic Boeing 737 MAX crashes initiated a federal oversight investigation into the Federal Aviation Administration (FAA). Industry whistleblowers revealed severe lapses in …

On Launching Environmental Law Into Orbit In The Age Of Satellite Constellations, Michael B. Runnels

Journal of Air Law and Commerce

In September 2022, the Federal Communications Commission adopted a new rule changing the deorbiting timeframe for satellites ending their missions in low Earth orbit from a twenty-five-year recommendation to a five-year legal requirement. The adoption of this rule, which seeks to cultivate a sustainable orbital environment for satellites, followed the United States’ July 2022 National Orbital Debris Implementation Plan, which tasked federal agencies with reviewing the effectiveness of their orbital debris-related rules. In the wake of the Supreme Court’s June 2022 West Virginia v. EPA decision, however, federal rulemaking in the area of orbital debris may not survive judicial scrutiny …

Deregulating Consumers From The Airline Industry—Dot’S Proposed Rule In Response To U.S. Airlines’ Refusal To Refund Unused Tickets During Covid-19, Alicia L. Hinton, Diana Hyunjin Malcolm

Journal of Air Law and Commerce

The COVID-19 pandemic has resulted in significant delays and cancellation of airline tickets without proper refunds to consumers by U.S. airlines. In response to an unprecedented number of consumer complaints, in August 2022, the Department of Transportation (Department or DOT) proposed new rules regarding airline ticket refunds and consumer protections.Does this rule go far enough?

This article provides a summary of the events and policy changes leading up to the Airline Deregulation Act (ADA) of 1978 and challenges the scope of federal preemption over the field of airline regulation that has created a boon to air carriers while essentially eliminating …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Christine Shang

Journal of Air Law and Commerce

This Article addresses recent developments in aviation law and the aviation field generally over the past year, from early 2021 through early 2022. It does not attempt to address every reported aviation case. Instead, this Article focuses on the areas of aviation law that will have significant ramifications for the future. This Article summarizes legal developments, including those related to COVID-19, the 737 MAX, 5G technology, space exploration, and more.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Use Of Law To Address Space Debris Mitigation And Remediation: Looking Through A Science And Technology Lens, Annie Handmer, Steven Freeland

Journal of Air Law and Commerce

Increasingly over the past six decades, space exploration and technology have revolutionized the world we live in. The landscape in outer space has continued to evolve rapidly, presenting new challenges for a much slower moving legal framework as well as for peaceful uses of space more generally. In particular, space debris has emerged as a pressing global threat. In response, states have shifted towards a more informal two-pronged approach to outer space, as reflected by non-binding instruments adopted by the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), along with the development of technologies that aim to …

3d Printing In The Aerospace Industry: Emerging Legal Issues For Counsel And Insurers, Lisa Savitt, Lauren L. Haertlein, Laura Dubois

Journal of Air Law and Commerce

This Article covers the fast-growing use of additive manufacturing, also known as 3D printing, in the aerospace industry for critical and noncritical parts. The use of this technology raises regulatory and liability issues in the United States and Europe. Insurers of aerospace-related companies must also consider how to plan for the risks involved with the technology and the new entrants in the market who are designing, selling, and distributing additive manufacturing printers. Neither the regulatory bodies in the United States nor Europe have issued regulations aimed at additive manufacturing, as the law is even further behind. This Article informs lawyers …