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Air and Space Law Commons™

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2013

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Articles 1 - 30 of 52

Full-Text Articles in Air and Space Law

Balance And Alliance, Daniel Friedenzohn Nov 2013

Balance And Alliance, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

DOJ's lawsuit against the AA-US Airways merger imposes an unanticipated and misguided delay in the US airline industry's long desired transformation.


Orbital Debris: Out Of Space, Meghan R. Plantz Oct 2013

Orbital Debris: Out Of Space, Meghan R. Plantz

Georgia Journal of International & Comparative Law

No abstract provided.


Juxtaposing Nasa’S Aeronet Aod With Carb Pm Data Over The San Joaquin Valley To Facilitate Multi-Angle Imaging Spectroradiometer (Misr) Pm Pollution Research, John Kanemoto Aug 2013

Juxtaposing Nasa’S Aeronet Aod With Carb Pm Data Over The San Joaquin Valley To Facilitate Multi-Angle Imaging Spectroradiometer (Misr) Pm Pollution Research, John Kanemoto

STAR Program Research Presentations

Airborne particulate matter (PM) has been shown to increase the risk for asthma, chronic bronchitis, cardiopulmonary complications, and respiratory cell membrane damage/infection/leakage. PM levels are currently analyzed from two perspectives: stationary land-based monitoring (LBM) sites and total Aerosol Optical Depth (AOD) atmospheric column measurements. Both perspectives often leave miles of space between measuring locations and will have a continually increasing cost from introducing/maintaining sites. The Multi-angle Imaging SpectroRadiometer (MISR) satellite team hopes to begin investigating/archiving PM levels comprehensively via inputting MISR AOD measurements into a function/model which predicts the amount of ground level PM.

In the future, multivariable spatial correlations …


Trying To Fit A Square Peg Into A Round Hole? Applying Air Law To Manned Commercial Spaceflight—The Case Study Of Curaçao, Frans G. Von Der Dunk Jul 2013

Trying To Fit A Square Peg Into A Round Hole? Applying Air Law To Manned Commercial Spaceflight—The Case Study Of Curaçao, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In appraising applicable legislation and regulation to various types of flights using various types of aircraft in Curaçao, it will become clear that it will not be easy to apply this regime without much further ado to sub-orbital flights. While perhaps on individual aspects certain definitions used may prima facie relatively easily apply or be made to apply, the extended details of almost all of those regimes at some point or other would likely go astray of what would make sense with respect to sub-orbital flights.

It is not accidental therefore, that the FAA has chosen to start from the …


Aircraft Noise Pollution: Is Land Use Planning The Answer? , Milan M. Dostal May 2013

Aircraft Noise Pollution: Is Land Use Planning The Answer? , Milan M. Dostal

Pepperdine Law Review

No abstract provided.


Beyond What? Beyond Earth Orbit? . . . ! The Applicability Of The Registration Convention To Private Commercial Manned Sub-Orbital Spaceflight, Frans G. Von Der Dunk Apr 2013

Beyond What? Beyond Earth Orbit? . . . ! The Applicability Of The Registration Convention To Private Commercial Manned Sub-Orbital Spaceflight, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Space Tourism: Where Are We Going and What Is Taking Us There? ... A. Space Tourism as the Newest Kid on the Block ... B. Conducting Sub-Orbital Operations with Aircraft or Space Objects ... C. Manned Sub-Orbital Spaceflight and the Requirement of Proper International Registration

II. Registration: As Aircraft or as Space Object? ... A. International, European, and U.S. Approaches to Regulating Sub-Orbital Spaceflight ... B. Applying the Registration Convention to Private Commercial Manned Spaceflight ... C. The Core Problem with Application of the Registration Convention to Sub-Orbital Flights

III. Back to Semantics: The Definitions of Beyond, Earth Orbit, …


Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button Mar 2013

Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button

William & Mary Environmental Law and Policy Review

No abstract provided.


Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen Feb 2013

Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen

Pepperdine Law Review

No abstract provided.


The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk Feb 2013

The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk

Pepperdine Law Review

When aviation accidents occur, the National Transportation Safety Board conducts an investigation to determine the conditions, circumstances, and ultimately the probable cause of the accident. There is a federal statutory privilege which renders these reports, as well as testimony from the attending investigator, inadmissible as evidence in any suit or action arising from the accident. However, certain judicially created exceptions have arisen which permit portions of the report and certain investigator testimony to be admitted into evidence. The authors delineate and analyze these exceptions as they discuss the trend toward increased report and testimony admissibility. The authors conclude with a …


International Law Of Outer Space And Its Effect On Commercial Space Activity, James J. Trimble Feb 2013

International Law Of Outer Space And Its Effect On Commercial Space Activity, James J. Trimble

Pepperdine Law Review

The United Nations, through a series of five treaties, has created a body of international space law which controls the activities in space of states, international organizations, and private interests. Corporations planning an investment in commercial space ventures must consider the restrictions and obligations which space law will impose on their activities. This article discusses the substantive principles of the law of outer space and focuses on those provisions which will affect commercial space activities.


The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco Jan 2013

The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco

Pepperdine Law Review

No abstract provided.


Delayed Flights And Delayed Action: The U.S. Department Of Transportation’S Tarmac Delay Regulations And Their Impact On Air Travel, Daniel Friedenzohn Jan 2013

Delayed Flights And Delayed Action: The U.S. Department Of Transportation’S Tarmac Delay Regulations And Their Impact On Air Travel, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

No abstract provided.


Maintaining The Master International Frequency Register, Frans G. Von Der Dunk Jan 2013

Maintaining The Master International Frequency Register, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The present paper is the written elaboration of a presentation held under the same title at the workshop “International Regulations of Space Communications” held in Luxembourg on 24 and 25 May 2012. Consequently, the topic of this paper, the maintenance of the Master International Frequency Register as a key tool for allowing satellite communications to be a viable international sector of space activities, is viewed through the looking glass of the session title, “WRC-12 from the Perspective of International Telecommunications Law.”

In other words, it does not purport to deal with the actual details of maintaining the Register …


The Integrated Approach—Regulating Private Human Spaceflight As Space Activity, Aircraft Operation, And High-Risk Adventure Tourism, Frans G. Von Der Dunk Jan 2013

The Integrated Approach—Regulating Private Human Spaceflight As Space Activity, Aircraft Operation, And High-Risk Adventure Tourism, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

One of the overriding issues concerning private human spaceflight concerns how to properly regulate this specific new type of activity. Noting that in the discussion regarding regulation thereof usually the three distinct regimes of space law, air law and high-risk adventure tourism law are drawn upon to look for solutions, the present paper addresses the key elements of each of these approaches as they are to some extent already currently being applied and where, as a consequence, gaps and overlaps arise, as well as presents an effort to address the latter in a sensible, coherent, efficient and feasible manner.


Warrantless Government Drone Surveillance: A Challenge To The Fourth Amendment, 30 J. Marshall J. Info. Tech. & Privacy L. 155 (2013), Jennifer O'Brien Jan 2013

Warrantless Government Drone Surveillance: A Challenge To The Fourth Amendment, 30 J. Marshall J. Info. Tech. & Privacy L. 155 (2013), Jennifer O'Brien

UIC John Marshall Journal of Information Technology & Privacy Law

The Federal Aviation Administration Modernization and Reform Act of 2012 aims to integrate drones into the United States national airspace by 2015. While the thought of prevalent private and public daily drone use might seem implausible now, the combination of this new legislation and the increasing availability of inexpensive, technologically advanced small drones will make it a reality. From detectaphones to pen registers and most recently, the GPS, the Supreme Court has faced a plethora of unreasonable search challenges to the warrantless use of such sense augmentation devices by law enforcement to collect information. Acting as the privacy safeguard of …


Space Entrepreneurs: Business Strategy, Risk, Law, And Policy In The Final Frontier, 46 J. Marshall L. Rev. 1039 (2013), Michael Laisné Jan 2013

Space Entrepreneurs: Business Strategy, Risk, Law, And Policy In The Final Frontier, 46 J. Marshall L. Rev. 1039 (2013), Michael Laisné

UIC Law Review

Human civilization is on the brink of exploring another frontier. As usual, the super power governments of the world have played a major role in the initial stages. Now, as was the case when brave settlers came to colonize the West, and railroads and financial empires were built, society must rely on the private sector to take civilization to the final frontier. This article will give an overview of the current laws and policies relevant to space entrepreneurship (Part II). The Article explores the road to becoming a space entrepreneur including, a description of startup risks (Part III), an overview …


Watching The Watchmen: Drone Privacy And The Need For Oversight, Ben Jenkins Jan 2013

Watching The Watchmen: Drone Privacy And The Need For Oversight, Ben Jenkins

Kentucky Law Journal

No abstract provided.


Employment Law - Retired Pilots Awarded Monetary Interest On Delayed Lump Sum Pension Payments, Christopher W. Lambert Jan 2013

Employment Law - Retired Pilots Awarded Monetary Interest On Delayed Lump Sum Pension Payments, Christopher W. Lambert

Journal of Air Law and Commerce

No abstract provided.


Bringing Multimodal Transport Law Into The New Century: Is The Uniform Liability System The Way Forward, Theodora Nikaki Jan 2013

Bringing Multimodal Transport Law Into The New Century: Is The Uniform Liability System The Way Forward, Theodora Nikaki

Journal of Air Law and Commerce

No abstract provided.


General Aviation Accident Rate: How General Aviation Differs From Commercial Airline Flight And How To Correct The Discrepancy, Michelle Northcutt Jan 2013

General Aviation Accident Rate: How General Aviation Differs From Commercial Airline Flight And How To Correct The Discrepancy, Michelle Northcutt

Journal of Air Law and Commerce

No abstract provided.


The Lawfare Of Forum Non Conveniens: Suits By Foreigners In U.S. Courts For Air Accidents Occurring Abroad, Melinda R. Lewis Jan 2013

The Lawfare Of Forum Non Conveniens: Suits By Foreigners In U.S. Courts For Air Accidents Occurring Abroad, Melinda R. Lewis

Journal of Air Law and Commerce

No abstract provided.


Recent Developments In Aviation Law, Donald R. Andersen Jan 2013

Recent Developments In Aviation Law, Donald R. Andersen

Journal of Air Law and Commerce

No abstract provided.


Floating Toward A Sky Near You: Unmanned Aircraft Systems And The Implications Of The Faa Modernization And Reform Act Of 2012, Brandon Bellows Jan 2013

Floating Toward A Sky Near You: Unmanned Aircraft Systems And The Implications Of The Faa Modernization And Reform Act Of 2012, Brandon Bellows

Journal of Air Law and Commerce

No abstract provided.


The Tsa's New Precheck Is Beginning To Look A Lot Like Capps Ii: The Privacy Implications Of Reviving The Tenets Of The Failed Predecessor, Katie Cristina Jan 2013

The Tsa's New Precheck Is Beginning To Look A Lot Like Capps Ii: The Privacy Implications Of Reviving The Tenets Of The Failed Predecessor, Katie Cristina

Journal of Air Law and Commerce

No abstract provided.


Commercializing Space: Intellectual Property Concerns With Space Act Agreements, Bryan Parrish Jan 2013

Commercializing Space: Intellectual Property Concerns With Space Act Agreements, Bryan Parrish

Journal of Air Law and Commerce

No abstract provided.


Directive 2008/101 And Air Transport - A Regulatory Scheme Beyond The Limits Of The Effects Doctrine, Jason N. Glennon Jan 2013

Directive 2008/101 And Air Transport - A Regulatory Scheme Beyond The Limits Of The Effects Doctrine, Jason N. Glennon

Journal of Air Law and Commerce

No abstract provided.


Applying The Fourth Amendment's National-Security Exception To Airport Security And The Tsa, R. Gregory Israelsen Jan 2013

Applying The Fourth Amendment's National-Security Exception To Airport Security And The Tsa, R. Gregory Israelsen

Journal of Air Law and Commerce

No abstract provided.


The Fire Power Of Lithium Batteries: Section 828 Of The Faa Modernization And Reform Act Of 2012, Jessica Wall Jan 2013

The Fire Power Of Lithium Batteries: Section 828 Of The Faa Modernization And Reform Act Of 2012, Jessica Wall

Journal of Air Law and Commerce

No abstract provided.


The Problems And Potential Solutions Related To The Emergence Of Space Weapons In The 21st Century, Alexander Chanock Jan 2013

The Problems And Potential Solutions Related To The Emergence Of Space Weapons In The 21st Century, Alexander Chanock

Journal of Air Law and Commerce

No abstract provided.


The D.C. Circuit's Epic Failure In Electronic Privacy Information Center V. United States Department Of Homeland Security, R. Gregory Israelsen Jan 2013

The D.C. Circuit's Epic Failure In Electronic Privacy Information Center V. United States Department Of Homeland Security, R. Gregory Israelsen

Journal of Air Law and Commerce

No abstract provided.