Air and Space Law Commons^™

Soft Law’S Failure On The Horizon: The International Code Of Conduct For Outer Space Activities, Jack M. Beard

Space, Cyber, and Telecommunications Law Program: Faculty Publications

On January 11, 2007, the People’s Republic of China conducted a successful test of an anti-satellite weapon against one of its own aging weather satellites that produced a massive cloud of long-lasting orbital debris in space. The test highlighted both the growing possibility that orbital debris may ultimately render space unusable for all activities there and the reality of an increasingly militarized, contested and insecure geopolitical space environment. Largely in response to this incident, and in an effort to enhance the safety, security and sustainability of space activities, the European Union developed a draft “International Code of Conduct for Activities …

Liability For Damage Caused By Small Satellites—A Non-Issue?, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Small satellites have become a welcome addition to the existing tools to benefit from space applications—they are relatively simple and cheap to construct, and being small, relatively cheap to launch as well, as secondary payloads on launch vehicles where the primary payload may not take up all of the (often standardized) payload bay capacity. As they, moreover, usually orbit for relatively short times in low trajectories before burning up in the atmosphere, they might not seem to pose major or even merely realistic liability risks.

As a consequence, sometimes the issue of liability for damage caused by small satellites has …

Drone Integration: A Pilot's Solution To A Serious Entertainment Problem, 33 J. Marshall J. Info. Tech. & Privacy L. 1 (2016), Daniel Shoffet

UIC John Marshall Journal of Information Technology & Privacy Law

This paper will explain the current state regarding the integration of commercial and recreational drones into the United States’ airspace with general aviation, as well as identify whether drones and general aviation incidents are common or are likely to occur. This paper will also analyze proposed regulations by the Federal Aviation Administration and any drawbacks that come along with them, as well as other proposed solutions to the current problem with integration of drones. Additionally, this paper will propose a solution which incorporates the use of current aviation technologies to solve the drone integration problem: mandating commercial drone operators to …

Autonomy Of Military Robots: Assessing The Technical And Legal (“Jus In Bello”) Thresholds, 32 J. Marshall J. Info. Tech. & Privacy L. 57 (2016), Remus Titiriga

UIC John Marshall Journal of Information Technology & Privacy Law

While robots are still absent from our homes, they have started to spread over battlefields. However, the military robots of today are mostly remotely controlled platforms, with no real autonomy. This paper will disclose the obstacles in implementing autonomy for such systems by answering a technical question: What level of autonomy is needed in military robots and how and when might it be achieved, followed by a techno-legal one: How to implement the rules of humanitarian law within autonomous fighting robots, in order to allow their legal deployment? The first chapter scrutinizes the significance of autonomy in robots and the …

Aerospace And Defense Industries, R. Locke Bell, Johny Chaklader, Donna A. Dulo, Priya Iyengar, Kevin J. Lombardo, Jason M. Silverman

The International Lawyer

No abstract provided.

The Uncertain Oversight Of Offshore Aircraft Maintenance: The Case Of Australia, Ian Hampson, Doug Fraser, Michael Quinlan, Anne Junor

Journal of Air Law and Commerce

No abstract provided.

Employment Law - A Union's Duty Of Fair Representation In Pilot Seniority Negotiations, Kelly Almeter

Journal of Air Law and Commerce

No abstract provided.

Suborbital Flights: Environmental Concerns And Regulatory Initiatives, S. M. Mousavi Sameh

Journal of Air Law and Commerce

No abstract provided.

Unfair Treatment For Experienced Pilots— How The Ninth Circuit Promoted Age Discrimination, Dana Hilzendager

Journal of Air Law and Commerce

No abstract provided.

Busted Benefits—The Seventh Circuit Honors Explicit Contractual Terms Of United’S Mileageplus Benefits Program, Abigail Storm

Journal of Air Law and Commerce

No abstract provided.

Airline Security And Employee Immunity: The Second Circuit Promotes Airline Security Interests At All Costs—Even If It Means Throwing Efficiency And Accountability By The Wayside, Landon M. Hankins

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Safety In The Sky: Will Reforming And Restructuring The Tsa Improve Our Security Or Merely Infringe On Our Rights?, Katherine A. Lowe

Journal of Air Law and Commerce

No abstract provided.

Assuring Safer Skies?: A Survey Of Aeromedical Issues Post-Germanwings, Jennifer M. Clark

Journal of Air Law and Commerce

No abstract provided.

In Space, No One Can Hear You Contest Jurisdiction: Establishing Criminal Jurisdiction Of The Outer Space Colonies Tomorrow, Taylor Stanton Hardenstein

Journal of Air Law and Commerce

No abstract provided.

Hijacking Open Skies: The Line Between Tough Competition And Unfair Advantage In The International Aviation Market, Hannah E. Cline

Journal of Air Law and Commerce

No abstract provided.

Fingerprints: A New Means Of Identification In Airport Security Screening, Chase Hilton

Journal of Air Law and Commerce

No abstract provided.

Wright Is Still Wrong: The Wright Amendment Reform Act And Airline Competition At Dallas Love Field, Barrett V. Armbruster

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Damned If You Do, Damned If You Don’T: The Expansion Of Tort Liability To Airport Owners And Operators Who Regulate Airline And Vendor Operations, Caryn Geraghty Jorgensen, Hunter G. Jeffers

Journal of Air Law and Commerce

No abstract provided.

Protecting Tribal Skies: Why Indian Tribes Possess The Sovereign Authority To Regulate Tribal Airspace, William M. Haney

American Indian Law Review

Since the advent of human flight, lawmakers in the United States have struggled to keep pace with advancements in aviation technology. Similarly, many doctrines of federal Indian law that govern the exercise of the sovereign powers of Indian tribes in the United States are based on outmoded conceptions of the capabilities and interests of Indian people and tribal governments. For decades, tribal governments have worked to protect their sovereign interests in tribal territory from the effects of aviation activities that occur within tribal airspace. There has been no exploration of tribal airspace issues in the academic community and limited examination …

Report Of The 59th Colloquium On The Law Of Outer Space: Guadalajara, Mexico, 2016, Mark J. Sundahl, Kumar Abhijeet, P.J. Blount, Luis Fernando Castillo Argañarás, Christopher Johnson, R. Moro-Aguilar, Alexander Soucek, Olga Stelmakh-Drescher

Law Faculty Contributions to Books

The 2016 session opened with a keynote lecture by incoming IISL President, Kai Uwe-Schrogl, on the topic of space law and diplomacy.

The IISL is a kind of academic and quasi-diplomatic clearing house for the development of notions and ideas in space law.

Newsgathering Takes Flight In Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, Matthew D. Bunker

UF Law Faculty Publications

This Article examines legal challenges confronting journalists who use drones to gather images. Initially, it traces the history of drones and the Federal Aviation Administration’s efforts to regulate them, as well as new state legislation that aims to restrict drones. This Article then illustrates that a wide array of legal remedies already exist for individuals harmed by journalistic drone usage, and it argues that calls for additional, piecemeal state laws to regulate drones are unnecessary and unduly hinder First Amendment interests in newsgathering and the public’s right to know. Furthermore, this Article asserts that the reasonable-expectation-of-privacy jurisprudence developed in aerial …

Shaking The Foundations Of The Law: Some Legal Issues Posed By A Detection Of Extra-Terrestrial Life, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In order to properly address the legal issues posed by a proper detection of extra-terrestrial life (not just a mere serious possibility, as with the recent discovery of actual water on Mars), because of its extraordinary character it is necessary to briefly revisit the foundations of ‘the law’ as a social construct, and explore its relationship to ‘ethics’ as another social construct. The type of ‘law’ being discussed here is, of course, man-made, and made to deal with human activities, including human reactions to (other) events. Human-made law has for example been defined as “the principles and regulations established in …

Space Traffic Management: A Challenge Of Cosmic Proportions, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Space traffic management has often, for example in the IAA Cosmic Study of 2006, been rather broadly defined as “the set of technical and regulatory provisions for promoting safe access into outer space, operations in outer space and return from space to Earth free of physical or radio-frequency interference.” Oftentimes, especially in space law literature, references or even comparisons have been made to traffic management as it has developed in aviation and (to a lesser extent) in maritime transport.

However, it should be realized that space traffic management, especially under the definition quoted, comprises a considerably larger range of activities …

Oh The Drone-Abilities!: Hollywood's Drone Pursuit Heats Up And The Faa Can't Stop It, Matthew J. Strong

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Sovereignty’S Gray Area: The Delimitation Of Air And Space In The Context Of Aerospace Vehicles And The Use Of Force, Matthew T. King

Journal of Air Law and Commerce

Debate over the delimitation of airspace and outer space has persisted since the dawn of the space age, without resolution. With the development of hybrid aerospace vehicles that can operate in and transition between the two zones, the line between their disparate legal regimes will be tested. And this test may not come with an after-the-fact courtroom debate over applicable liability regimes, but rather it may come with a real-time decision made in a military operations center as to whether an aerospace vehicle has violated sovereign airspace and should be shot down. The recent shoot-down of a Russian bomber by …

International Civil Aviation Organization Initiatives Versus Industry Initiatives: A Look At How Commercially Motivated Transactions Increase Aviation Safety, Jennifer Ann Urban

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law 2015-2016, Jonathan M. Hoffman

Journal of Air Law and Commerce

No abstract provided.