Air and Space Law Commons^™

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Seattle University Law Review

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …

Flying Towards Extinction: The Role Of The Aviation Industry In Perpetuating International Wildlife Trafficking, Isabelle Dominguez

Journal of Air Law and Commerce

In the past sixty years, the world has developed significant concern for burgeoning environmental issues. Starting in the 1960s, governments, industries, and the public have embraced efforts to set standards for public and private actors in areas of environmental concern. Particularly, increased globalization has led to an increase in the trade of wildlife and its products, including endangered species.

Unregulated wildlife trade implicates various issues, such as conservation concerns, the spread of diseases, and even funding for criminal organizations. While sovereign governments work independently and together to combat wildlife trafficking and its effects, current law leaves significant gaps in the …

Non-Governmental Organization (Ngo) Participation In Civil Aviation Policy And Decision Making, Goran Petrović

Journal of Air Law and Commerce

This article discusses the role and influence of non-governmental organizations (NGOs) in civil aviation. These organizations represent a way for united citizens to realize some of their global (national) interests, that is, to realize their ideals. NGOs participate in the work of international institutions and cooperate with specialized UN agencies. For the consideration of civil aviation NGOs, which have global coverage, the relationship and influence they achieve in relation to the International Civil Aviation Organization (ICAO) as a specialized agency of the UN is important. The participation of certain NGOs in the work of the Air Navigation Commission (ANC) as …

Rethinking Spectrum Governance After The Faa And Fcc’S Turf War Over 5g, Jace Breedlove

Journal of Air Law and Commerce

The rollout of 5G technology promised transformative benefits for consumers and the economy. But a protracted dispute between the FCC and FAA relating to 5G interference with airplane safety equipment prevented a smooth 5G rollout. While the FCC was giving wireless companies the green light to roll out 5G service, the FAA was warning of apocalypse if they did. What resulted was a turf war between the FAA and FCC, revealing a dysfunctional process (or lack thereof) for handling spectrum interference concerns. This Comment argues that the United States’ spectrum management system needs an overhaul to prevent similar agency turf …

An Analysis Of Federal Aviation Administration Enforcement Actions Against Suas Operators, Trevor Simoneau, Ryan J. Wallace, Tyler B. Spence, Jonathan Rupprecht

International Journal of Aviation, Aeronautics, and Aerospace

The Federal Aviation Administration (FAA) has promulgated regulations to govern the commercial operation of small uncrewed aircraft systems (sUAS). Compliance with these regulations is essential for maintaining safety in the National Airspace System. And if sUAS operators fail to comply with applicable federal aviation regulations, the FAA has been granted the authority to enforce these regulations. This study explores how the FAA has been exercising its enforcement power in the context of sUAS operator regulatory noncompliance. Using data obtained from a Freedom of Information Act request, this study examines 62 FAA enforcement actions levied against sUAS operators from 2012 until …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Opening Pandora’S Box: Comparing Airline Passenger Protection In Korea And Europe In Light Of Global Treaties, Pablo Mendes De Leon, Jin Choi

Journal of Air Law and Commerce

Passenger protection will continue to ask for attention. The involved bodies and persons include policymakers and legislators, media, courts, compliance departments of airlines, law firms, consumer protection organizations, and airports. All parties must announce the conditions for such protection on their premises. In 2020, around 50% of all cases in the Netherlands, around 4,000 to 5,000 claims submitted to the lower courts, concerned passenger protection in aviation. In the Republic of Korea (Korea), these numbers are more limited but still significant; that is, around 2,500 claims form the aggregate number presented to Korean courts and Korea’s Consumer Protection Agency.

The …

From Geopolitics To Lunapolitics: A Response To Lee’S The Future Of The Law On The Moon, Andrea Harrington

Journal of Air Law and Commerce

No abstract provided.

Commentary: Lunar Court Operational And Constitutional Considerations, Megan Sieffert

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law, Brittany C. Wakim

Journal of Air Law and Commerce

Recent Developments in Aviation Law addresses developments in aviation law from January 2022 through December 2022. This submission focuses on certain cases in the area of aviation law that are expected to have a significant impact upon, and ramifications for, the industry going forward such as: (1) the Federal Aviation Act and Federal Aviation Regulations; (2) the Air Carrier Access Act; (3) the General Aviation Revitalization Act; (4) the Airline Deregulation Act; (5) the Montreal and Warsaw Conventions; (6) the Federal Tort Claims Act; and (7) the Death on the High Seas Act. Finally, this submission also discusses recent developments …

The Airline Pilot Shortage: A Result Of Age Discrimination Or Excessive Training Requirements?, Katherine Hancock

Journal of Air Law and Commerce

In its relatively short history, public air travel has seen its fair share of airline pilot shortages. Before the COVID-19 pandemic, the industry was facing yet another. There was virtually no part of the airline industry untouched by the pandemic, and pilot supply was no exception. As an attempt to mitigate profit loss, airlines offered pilots early retirement packages. When air travel returned to pre-pandemic numbers earlier than expected, airlines struggled to fill cockpit seats, which was a major factor in causing the extensive flight cancellations and delays in 2022.

Legislators sought to alleviate the issue by raising the federally …

Hot Topics And Current Issues Related To Aircraft Ownership, Cost Sharing, And A Case In Point If The Law Is Not Followed, Katherine Staton

Journal of Air Law and Commerce

This paper will explore the issues encountered when multiple users and/or entities purchase or sell an aircraft for business or personal use, which commonly involve the navigation of and compliance with Federal Aviation Administration (FAA) and Internal Revenue Service (IRS) regulations and accompanying federal statutes. This paper will also address the ownership of aircraft by multiple individuals and/or entities, and then operations under various ownership structures. Where multiple aircraft owners are involved, the utilization of dry leases, time sharing agreements, interchange agreements, and co-owner/joint-ownership agreements may be used to navigate FAA and IRS regulations and rules. Also, co-owning an aircraft, …

The Department Of Transportation’S Failures In Regulating Emotional Support Animals, Jillian Doughty

Journal of Air Law and Commerce

In the past decade, the number of emotional support animals being used to treat a wide array of mental and emotional disorders has multiplied exponentially. This increase has been met with mixed reactions in the context of air travel. While some passengers are thrilled to sit next to a dog on their flight, others are frustrated due to the belief passengers with emotional support animals are exploiting a loophole to travel with their pet for free. Regardless of the differing perceptions, emotional support animals are a valid, affordable way to treat mental health illnesses without incurring negative side effects associated …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The U.K.’S ‘Appetite’ For Space: An Increased Craving!, Sarah Jane Fox

Journal of Air Law and Commerce

Launching into space was once the pursuit of super-power nations, who, during a period of international tensions, competed to be the first—the first into space and the first to the Moon. While the United Kingdom (U.K.) had a similar appetite it never achieved a space launch from its national soils, often thwarted by political and economic constraints. This said, the U.K. has played a key role, working alongside other nations in technological advancements related to space. This paper revisits the historical legacy of the U.K.’s space ventures and its space policies before comment is made to the current strategy …

When Federal Standards Crash And Burn: The Need To Distinguish Aviation Product Liability Claims From In-Air Operations Cases, Olivia Cahill

Journal of Air Law and Commerce

If you are injured in an aviation disaster or lose a loved one in a plane crash, may you seek recovery under state law? Do federal regulations provide adequate opportunities to compensate aviation crash victims? These are questions few people think to ask themselves. A more common query is what entity regulates the more than 16 million flights that occur yearly in the U.S., and how do you know whether the aircraft you fly on are safe?

The tragic Boeing 737 MAX crashes initiated a federal oversight investigation into the Federal Aviation Administration (FAA). Industry whistleblowers revealed severe lapses in …

On Launching Environmental Law Into Orbit In The Age Of Satellite Constellations, Michael B. Runnels

Journal of Air Law and Commerce

In September 2022, the Federal Communications Commission adopted a new rule changing the deorbiting timeframe for satellites ending their missions in low Earth orbit from a twenty-five-year recommendation to a five-year legal requirement. The adoption of this rule, which seeks to cultivate a sustainable orbital environment for satellites, followed the United States’ July 2022 National Orbital Debris Implementation Plan, which tasked federal agencies with reviewing the effectiveness of their orbital debris-related rules. In the wake of the Supreme Court’s June 2022 West Virginia v. EPA decision, however, federal rulemaking in the area of orbital debris may not survive judicial scrutiny …

Deregulating Consumers From The Airline Industry—Dot’S Proposed Rule In Response To U.S. Airlines’ Refusal To Refund Unused Tickets During Covid-19, Alicia L. Hinton, Diana Hyunjin Malcolm

Journal of Air Law and Commerce

The COVID-19 pandemic has resulted in significant delays and cancellation of airline tickets without proper refunds to consumers by U.S. airlines. In response to an unprecedented number of consumer complaints, in August 2022, the Department of Transportation (Department or DOT) proposed new rules regarding airline ticket refunds and consumer protections.Does this rule go far enough?

This article provides a summary of the events and policy changes leading up to the Airline Deregulation Act (ADA) of 1978 and challenges the scope of federal preemption over the field of airline regulation that has created a boon to air carriers while essentially eliminating …

Investment Bankers And Inclusive Corporate Leadership, Afra Afsharipour

Seattle University Law Review

Few major deals happen without the engagement and advice of investment bankers. Whether a company is undertaking an initial public offering or engaging in a large merger or acquisition deal, investment bankers play a central role in advising corporate executives. Successful investment bankers are devoted to cultivating relationships with executives. And these relationships place bankers in a position to earn tens of millions in fees for their advisory and service roles in connection with corporate dealmaking. Investment bankers’ constant endeavors to nurture relationships with executives, while also maximizing their own ability to enhance fees, commonly leads to allegations of double-dealing, …

Selective Patronage, Omari Scott Simmons

Seattle University Law Review

Contemporary academic corporate governance narratives have a blind spot. They focus on institutions, rules, regulations, processes, procedures, intermediaries, and market forces. Yet, missing in this narrative, is the impact of corporate leadership. Ignoring the “black box” of corporate leadership, particularly individual actors, renders an incomplete descriptive assessment as well as potential miscalculations. The examination of key historical figures and their corporate activism provides an important lens through which to identify potential challenges and opportunities related to the contemporary ESG movement.

Generally, this essay examines corporate leadership’s potential to address socio-political issues through the prism of Civil Rights Movement activism. Specifically, …

Reframing The Dei Case, Veronica Root Martinez

Seattle University Law Review

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

#Metoo And The Corporation In Popular Culture, Brenda Cossman

Seattle University Law Review

#MeToo’s initial virtual explosion in the fall of 2017 was very much about Hollywood, with famous actresses speaking out against famous producers, media moguls and celebrities, exposing the ubiquity of sexual harassment and sexual violence in and around the entertainment industry. Since then, #MeToo has made its way into Hollywood representations without much irony. Films and television shows have explicitly taken up the #MeToo themes, exploring issues of sexual harassment and violence and its afterlives. Many television shows, from the relaunched version of Murphy Brown to Brooklyn Nine-Nine to The Good Fight have incorporated #MeToo themes into episodes exploring the …

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …