Air and Space Law Commons^™

The European Union And Space—Space For Competition?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

From the inception of European integration, a regime trying to regulate and arrange competition as much as considered necessary for the benefit of society at large has been one of the core elements of the European Union’s legal order. While the European Union has over the past few decades become more and more involved in the European space effort, this has so far hardly given rise to fundamental application of this competition regime to space activities, even if space also in Europe increasingly has become commercialized and privatized. The current paper investigates the reasons and rationale for this special situation, …

Navigating The Federal Sentencing Guidelines: Considerations Of Equitable Impact After United States V. Trinidad, Jonathan Petree

Journal of Air Law and Commerce

No abstract provided.

A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr

Journal of Air Law and Commerce

An examination of the 1999 Montreal Convention shows that the drafters did not intend to lay down a comprehensive treaty that would organize a carrier’s liability for personal injury to passengers. They opted to achieve a certain level of uniformity through enacting a set of rules that tackled several key issues such as the grounds for a carrier’s liability, the available defenses, and the limits on the recoverable damages. Consequently, some unaddressed issues created a void in the Montreal Convention and were then left without a clear remedy. In this article, a distinction is made between two types of voids: …

A Tale Of Two Sovereigns: Federal And State Use And Regulation Of Unmanned Aircraft Systems, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Despite claims to the contrary, the federal government is severely limited in what it can do to regulate unmanned aircraft systems (UASs). States, on the other hand, as governments of general jurisdiction, have expansive powers that they are already using to grapple with the questions posed by UAS related to privacy, crime, and public safety. This chapter outlines the evolution of federal measures, noting their limitations, before delving into three categories of state law, related to law enforcement, criminal measures, and regulatory regimes. The chapter then turns to the history of state sovereignty, looking at states’ jurisdiction over persons and …

That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak

Publications

Building, deploying, and maintaining systems with sufficient cybersecurity is challenging. Faster improvement would be valuable to society as a whole. Are we doing as much as we can to improve? We examine robust and long-standing systems for learning from near misses in aviation, and propose the creation of a Cyber Safety Reporting System (CSRS).

To support this argument, we examine the liability concerns which inhibit learning, including both civil and regulatory liability. We look to the way in which cybersecurity engineering and science is done today, and propose that a small amount of ‘policy entrepreneurship’ could have substantial positive impact. …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Regulatory Schizophrenia: Mergers, Alliances, Metal-Neutral Joint Ventures And The Emergence Of A Global Aviation Cartel, Paul S. Dempsey

Journal of Air Law and Commerce

No abstract provided.

As The Grapefruit Turns Sixty, It’S Time To Get Serious About Clean Up In Outer Space, Humaid Alshamsi, Roy Balleste, Michelle L. D. Hanlon

Journal of Air Law and Commerce

The ability to physically interact with an on-orbit object is an idea that has been stymied by its great cost. Yet the rewards are incalculable. Autonomous on-orbit servicing (OOS) vehicles can potentially repair or salvage an ailing satellite or remove it from orbit. The former can help recoup the considerable investment that goes into the development and construction of a satellite, and the latter would reduce space debris. In short, the development of OOS should be promoted. This paper will explore the legal ramifications and complications of unmanned on-orbit servicing missions. After reviewing the international framework and the current state …

Unmaking A National Space Legislation For India: Indigenizing Space Law Through The “Organic Science” Of The Indian Space Program, S. G. Sreejith

Journal of Air Law and Commerce

No abstract provided.

War And (Labor) Peace: How The Ninth Circuit Changed The Rules Of Engagement For Service Providers And Organized Labor, Klayton Sweitzer Hiland

Journal of Air Law and Commerce

No abstract provided.

Tax Reform Up In The Air: Redefining The Test For Qualification Of An Air Carrier For Sales Tax Exemption, Daniel W. Sepulveda

Journal of Air Law and Commerce

No abstract provided.

Presuming Patent Inventorship Without Further Examination: A Double-Edged Sword For Aerospace Companies, Jake Winslett

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Justin V. Lee

Journal of Air Law and Commerce

No abstract provided.

Event Horizon: Examining Military And Weaponization Issues In Space By Utilizing The Outer Space Treaty And The Law Of Armed Conflict, Ryan M. Esparza

Journal of Air Law and Commerce

This article takes the position that any lingering ambiguities surrounding the militarization and weaponization of outer space should be analyzed via the joint scope of the Outer Space Treaty and the Law of Armed Conflict. This article pulls key provisions from Additional Protocol I to the Geneva Conventions because of Additional Protocol I’s application in international conflicts and affirmation of the four Geneva Conventions. After an examination of key Additional Protocol I provisions and their application to space, this article conducts a joint analysis of the Outer Space Treaty and the Law of Armed Conflict. This joint analysis examines three …

Space Traffic Management Standards, Paul B. Larsen

Journal of Air Law and Commerce

This article is about the need for space traffic standards. It specifically focuses on international space traffic standards. Space traffic is currently tracked by radar. But, many objects—mainly space debris—moving in outer space are too small to be tracked and are still dangerous. The Kessler Syndrome predicts frequent collisions with increasing space debris in outer space in the near future. A four-fold increase in navigable outer space objects is likely. Therefore, organization of space traffic is urgently needed.

The Faa’S Mental Health Standards: Are They Reasonable?, Katie Manworren

Journal of Air Law and Commerce

No abstract provided.

Safety Meets Efficiency: The Medical Device Drone’S Role In Bringing About A Workable Regulatory Framework For Commercial Drones, Luke Strieber

Journal of Air Law and Commerce

No abstract provided.

Distributed Ledger Technology In The Airline Industry: Potential Applications And Potential Implications, Roberto Cassar

Journal of Air Law and Commerce

The objective of this article is to merge the growing phenomenon of distributed ledger technology with the airline industry. This article attempts to attain its objective by succinctly clarifying what distributed ledger technology truly is without explaining the minutest of its details. Further, this article seeks to achieve its objective by suggesting potential manners in which this technology could apply to the airline industry; this is an endeavor that, so far, does not seem to have been undertaken in a strict academic sense. Lastly, this article strives to link these potential applications to the empire of the law by shedding …

Pioneering The Right To Breastfeed At 35,000 Feet: Workplace Accommodations For Lactating Employees In The Airline Industry, Brooke L. Hauglid

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.

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 …

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 …