Air and Space Law Commons^™

Highway To The Danger Drone: Reconciling First Amendment Rights Of Drone Owners And Privacy Rights Of Individuals In Creating A Comprehensive Statutory Scheme In Rhode Island, David M. Remillard

Roger Williams University Law Review

No abstract provided.

Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr.

Journal of Aviation/Aerospace Education & Research

Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …

Arkansas Airspace Ownership And The Challenge Of Drones, Lindsey P. Gustafson

University of Arkansas at Little Rock Law Review

No abstract provided.

The European Union And The Outer Space Treaty: Will The Twain Ever Meet?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In spite of the envisaged Brexit and other crises and problems currently threatening the European Union (EU), that half-way house between a group of cooperating states and a single quasi-federal union of states remains an important player in today’s world, also – at least from a bird’s eye view – in terms of outer space. Its member states Germany and France have the largest space budgets of all European states (discounting the Russian Federation as a European state), and the European flagship projects Galileo and Copernicus, with the European Commission on behalf of the Union in the driver’s seat, are …

Transfer Of Ownership In Orbit: From Fiction To Problem, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

For many years, the concept of transfer of ownership of a satellite in orbit was not something on the radar screen of anyone seriously involved in space law, if indeed it was not considered a concept of an essentially fictional nature. Space law after all developed, as far as the key UN treaties were concerned, in a period when only States—and only very few States at that—were interested in and possessed the capability of conducting space activities, and they did so for largely military/strategic or scientific purposes. The idea of transferring ownership over satellites or other spacecraft involved in such …

Kiwis In Space: New Zealand’S “Outer Space And High-Altitude Activities Act”, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation that addresses in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent ones among them is New Zealand, which has an extensive “Outer Space and High-Altitude Activities Act” that is to enter into force in December 2017.

The paper briefly recaps the general underlying international obligations, in particular as following from Articles VI, VII, and VIII of the Outer Space Treaty, the Liability Convention, and …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Applying A Federal Standard Of Care In Aviation Product Liability Actions, Lauren Lacey Haertlein, Justin T. Barkowski

Journal of Air Law and Commerce

No abstract provided.

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.

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 …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

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.

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.

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.

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 …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

“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.

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.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Epa’S Endangerment Finding On Aircraft Greenhouse Gas Emissions: A Preliminary Analysis, Katherine A. Bechina, John C. Nettels, Brett A. Shanks

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.

Air Traffic Control In The United States: Is Privatization The Path Back To The Top?, Lindsey Rattikin

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. …

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 …

No Way To Run An “Airline”: Surviving An Air Ambulance Ride, Henry H. Perritt Jr.

Journal of Air Law and Commerce

No abstract provided.

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

Journal of Air Law and Commerce

No abstract provided.