Air and Space Law Commons^™

Enhanced Civil Rights In Home Rule Jurisdictions: Newly Emerging Uas/Drone Use Ordinances, Jennifer A. Brobst

West Virginia Law Review

No abstract provided.

Drones: Where Does The National Airspace System Start?, Jason T. Lorenzon J.D.

National Training Aircraft Symposium (NTAS)

Unmanned Aerial Systems (UAS), Unmanned Aeronautical Vehicles (UAV), drones and Personal Aerial Vehicles (PAV) constitute the greatest technological advancement since the jet age. (Elaine Chao, Secretary of Transportation, October 26, 2017) This technological advancement has prompted significant public policy challenges and the need for new laws regarding navigable airspace. This proposal investigates how airspace used by drones will evolve given existing Constitutional and common law principals. These principals will influence the creation, development and modification of UAS airspace regulations by the Federal Aviation Administration (FAA).

Two critical but unanswered questions concerning the National Airspace System, are where does navigable airspace …

Lost In Space: The Copyright Dilemma, Sedef Ayalp

Intellectual Property Brief

No abstract provided.

The Future Is Today: Preparing The Legal Ground For The United States Space Force, Clayton J. Schmitt

University of Miami Law Review

The Space Race officially launched on October 4, 1957, when the Soviet Union placed Sputnik I, the first man-made satellite, into Earth’s orbit. The United States fired back four months later, on January 31, 1958, by launching its own satellite, Explorer I. While both superpowers’ programs facially focused on scientific research, each was funded and directed by their respective militaries. Military functions in space followed shortly, with the United States beginning to place its first reconnaissance satellites in space in 1959 as part of the Corona program. American and Soviet discussions following these initial military developments eventually led to the …

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into U.S. Government Space Policy, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees, including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy which invite witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public, except …

The Friendly Skies Are Not Always So Friendly, Rachel Reid

Upper Level Writing Requirement Research Papers

No abstract provided.

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

The Not So Friendly Skies: Pilots’ Attempt To Claim Employer Collusion With Rival Pilots Union During Collective Bargaining Fails In Beckington, Drew Baker

Journal of Air Law and Commerce

No abstract provided.

Air Ambulances And State Contract Claims: The Opening To Avoid Ada Preemption, John David Janicek

Journal of Air Law and Commerce

No abstract provided.

Minimum Wage Requirements: Seventh Circuit Perpetuates Employer-Friendly Flsa Interpretation, Ashley Jo Zaccagnini

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.

Recent Developments In Aviation Law – 2019, Arthur I. Willner, Raymond L. Mariani, Emily K. Doty

Journal of Air Law and Commerce

No abstract provided.

The Ninth Circuit’S Left Hook: Criminal Venue In The Skies And Why Lozoya Hits The Mark, Christopher Thomson

Journal of Air Law and Commerce

No abstract provided.

The West Caribbean Conundrum: The United States Versus France On The Availability Of Forum Non Conveniens Under The Montreal Convention Of 1999, David Cluxton

Journal of Air Law and Commerce

No abstract provided.

Ending The Forever War: Resolving The Boeing-Airbus Trade Dispute With A New Bilateral Agreement, Brooke Vaydik

Journal of Air Law and Commerce

In today’s ever-connected and increasingly global economy, there is a strong need for cooperation in bilateral and multilateral trade exchanges, but international trade disputes have arisen in the context of many industries, goods, and services. Over the last two decades, the European Union (EU) and the United States have been embroiled in a complicated dispute over subsidies given to their largest commercial airline manufacturers, a practice that both governments have engaged in heavily.

Increased global reliance on air travel, coupled with the dominance of few companies worldwide, has raised the stakes for maintaining innovation and profitability. Both the EU and …

The Legal Challenges Of International Suborbital Flights: A Bilateral Solution, Aram Daniel Kerkonian, Nivedita Raju

Journal of Air Law and Commerce

No abstract provided.

Biometrics Takes Off—Fight Between Privacy And Aviation Security Wages On, Alexa N. Acquista

Journal of Air Law and Commerce

In the last two decades, the Department of Homeland Security (DHS) has implemented a variety of new screening and identity verification methods in U.S. airports through its various agencies such as the Transportation Security Administration (TSA) and Customs and Border Protection (CBP). In particular, biometric technology has become a focal point of aviation security advances. TSA, CBP, and even private companies have started using fingerprint, iris, and facial scans to verify travelers’ identities, not only to enhance security but also to improve the travel experience.

This Comment examines how DHS, its agencies, and private companies are using biometric technology for …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Accountability For Sexual Assault Aboard Airplanes: An Analysis Of The Need For Reporting Requirements At 35,000 Feet, Madison L. George

Journal of Air Law and Commerce

Currently, airlines have no legal duty to report an in-flight sexual assault to law enforcement. This lack of a duty to report hinders investigations, prevents victims from receiving closure, and imposes additional liability on air carriers. This Comment suggests imposing a mandatory and uniform reporting requirement on commercial airlines. This requirement would better assist travelers and help limit airlines’ liability for in-flight sexual assault.

By examining the purposes and policies of other mandated reporting laws, it is apparent that the airline industry is an apt place to instill a duty to report. Requiring airlines to report in- flight sexual assault …

Grounded: How The 737 Max Crashes Highlight Issues With Faa Delegation And A Potential Remedy In The Federal Tort Claims Act, Drew H. Nunn

Journal of Air Law and Commerce

The over-delegation by the Federal Aviation Administration (FAA) of new aircraft design certification authority to the very companies seeking such certification has led to a stunning lack of oversight and bending to private economic interests. Congressional action must be taken to ensure that aircraft certification authority, if delegated to private entities, is not delegated to any entities with ties to the companies seeking certification, and FAA oversight must be tightened.

This Comment analyzes whether the Federal Tort Claims Act could provide a potential avenue for plaintiffs to challenge the FAA as it relates to its oversight and delegation to The …

Liability For The Death Of Aircraft Passengers In Indonesia, Simon A. Butt, Tim Lindsey

Journal of Air Law and Commerce

No abstract provided.

Patents 254 Miles Up: Jurisdictional Issues Onboard The International Space Station, 19 Uic Rev. Intell. Prop. L. 365 (2020), Bill Warners

UIC Review of Intellectual Property Law

Over the past few decades, the emergence of private companies pursuing space exploration proves that venturing into the final frontier is no longer exclusive to government-run operations. From satellites to rocket boosters, billions of dollars worth of private property flies into space every year. However, the expansion of these private companies creates unique jurisdictional challenges for patenting private inventions and processes in outer space. This comment examines what jurisdictional claims and remedies arise when a private third-party commits patent infringement in an outer space jurisdiction that did not issue the patent.

Set The Controls For The Heart Of The Moon: Is Existing Law Sufficient To Enable Resource Extraction On The Moon?, Mark J. Sundahl, Jeffrey A. Murphy

Law Faculty Articles and Essays

This Article argues that despite the existence of some open questions regarding fine points in the law and the unlikelihood of a new treaty regulating lunar activity, investors (of whatever type, whether public or private) should not be deterred due to any concern about the state of the law. The current regulatory process to launch a vehicle and operate a payload may be “clunky” in places, but it is not unduly burdensome. While there is plenty of debate about regulatory reform, it is a debate about how to improve the existing system—not necessarily to fix it. In other words, existing …

Dust In The Wind: Regulation As An Essential Component Of A Sustainable And Robust Wind Program, Warigia M. Bowman

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Rethinking The Highway: Integrating Delivery Drones Into Airspace Above Highways, Daniel Thompson

Indiana Law Journal

It is no secret that drones are occupying the skies, but where are they supposed to fly? Drones will need to share airspace with other aircraft, and, eventually, other drones. Considering that drones come in different shapes and sizes and serve different functions, businesses and lawmakers should coordinate to propose creative solutions. This Note proposes one such solution: municipal, state, and federal governments should lease the airspace above roads and highways to develop an infrastructure capable of supporting the unique characteristics of delivery drones.

Climate Change Management In The Space Age, Paul B. Larsen

William & Mary Environmental Law and Policy Review

This Article is about how we can use space technology and regulation to help overcome adverse effects of climate change on Earth. It describes the growing use and importance of outer space technology for monitoring, understanding, and resolving the problems of climate change. It describes precedents for the current climate crisis, discusses relevant international space laws, and explains how they fit into the existing international laws on climate change. It emphasizes the oversight role of the United Nations (“U.N.”). It describes the heavy duties placed by current climate laws on the developed countries compared with the developing countries. It explains …

Contingency Fuel Reduction In Brazil, Diogo Youssef, Fabiano Gomes De Oliveira, Joao Centeno, Luciano Figueiredo, Leila Halawi

International Journal of Aviation, Aeronautics, and Aerospace

This project reviews the minimum fuel regulations for commercial passenger flights in different countries and intends to scientifically support a change in the existing contingency fuel requirement regulation in Brazil. This change represents fuel savings for Brazilian air operations, and it deploys into a competitive advantage for Brazilian airlines compared to foreign air operators.

Discussion: The objective of this project is to provide the Brazilian civil aviation regulators with the necessary data to justify the reduction of the contingency fuel values from the current 10% to 5%. This project bases the analysis on the historical data of fuel planning and …

Blais V. Rhode Island Airport Corp., 212 A.3d 604 (R.I. 2019), Sarah Friedman

Roger Williams University Law Review

No abstract provided.

Consolidating Space: A Proposal To Establish A Central Forum For The Settlement Of Space-Related Disputes, Matthew J.P. Horton

Vanderbilt Journal of Entertainment & Technology Law

Over sixty years have passed since the Soviet Union launched Sputnik 1 into Earth's orbit. In that time, humanity's presence in space has flourished as technology advanced and new actors entered the scene. Despite this progress, the regime upon which the world relies to resolve space disputes has hardly changed in the fifty years of its existence. As private enterprise floods into the final frontier, how humanity will resolve the inevitable, extraterrestrial disputes is becoming a pressing concern.

The Outer Space Treaty establishes three fundamental principles of space law: (1) space is sovereignless, (2) space exploration and use must be …