Air and Space Law Commons^™

Survival Homicide, Michal Buchhandler-Raphael

Cardozo Law Review

A significant number of women who are incarcerated in American prisons for homicide offenses have been subjected to various forms of domestic abuse, including physical, sexual, and psychological abuse. This Article coins the term “survival homicide” to refer to cases where survivors of substantial and repeated domestic abuse kill abusive intimate partners or other abusive family members in circumstances where the abuse significantly contributed to their act. Abuse survivors are often prosecuted for murder and are over-punished by the criminal legal system.

Existing legal frameworks underlying survival homicide rest on exercising considerable discretion by various institutional actors, including prosecutors, juries, …

The United States Is Enabling An Outer Space Arms Race: An Overview Of The Current Framework And Recommendations For Abating An Outer Space Arms Race, Valerie Shmigol

Seattle University Law Review

This Note explores the possibility of future armed outer space conflict as global powers create and test counterspace weapons. Part I of this Note overviews current space security threats, focusing on China, Russia, Iran, and North Korea’s capabilities. Part II provides a primer on international agreements governing outer space. The 1967 Outer Space Treaty serves as the legal framework for outer space activities; however, it is woefully inadequate in addressing escalating tensions. Finally, Part III provides recommendations and advocates for the United States to revise its position, which seeks voluntary “transparency and confidence building measures.”

Table Of Contents

Seattle University Law Review

Table of Contents

Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman

Pace International Law Review

No abstract provided.

Beyond The Grave: A Fiduciary’S Access To A Decedent’S Digital Assets, Isabelle N. Sehati

Cardozo Law Review

No abstract provided.

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.

All Faculty Scholarship

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.

Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …

Developing U.S. - Russian Relations: Academically, Legally And Economically, Isaac C. Hunt Jr.

Akron Law Review

No abstract provided.

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Drones, Henry H. Perritt Jr., Eliot O. Sprague

All Faculty Scholarship

Abstract

Drone technology is evolving rapidly. Microdrones—what the FAA calls “sUAS”—already on the market at the $1,000 level, have the capability to supplement manned helicopters in support of public safety operations, news reporting, and powerline and pipeline patrol, when manned helicopter support is infeasible, untimely, or unsafe.

Larger drones–"machodrones”–are not yet available outside battlefield and counterterrorism spaces. Approximating the size of manned helicopters, but without pilots, or with human pilots being optional, their design is still in its infancy as designers await greater clarity in the regulatory requirements that will drive airworthiness certification.

This article evaluates drone technology and design …

Space Program And Business In India - Legal Perspectives, Shashi Sharma

ExpressO

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Airline Liability For Loss, Damage Or Delay Of Passenger Baggage, M. R. Franks

ExpressO

The article discusses remedies and methods of enforcing airline liability for loss, damage or delay of passenger baggage. The article includes a discussion of the law as it relates both to domestic flights and to international flights where passenger luggage is lost, damaged or delayed. The article includes a discussion of the Warsaw Convention as it relates to international flights and of the Federal Aviation Regulations applicable in the case of domestic flights.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

The Military Ascent Into Space: From Playground To Battleground--The New Uncertain Game In The Heavens, Jackson N. Maogoto

ExpressO

This article seeks to bring to light the various aspects pertaining to the militarization and weaponization of space. It will give an overview of initiatives by the space-faring nations in developing space weaponry, discuss the space law regime and in particular expose its defects in effectively addressing space warfare. It will then proceed to generally juxtapose space warfare with the U.N. Charter regime on the use of force. The article exposes various questions, but does not seek to undertake the ambitious goal of supplying solutions; after all, as the article will demonstrate, the problems are readily evident, but the solutions …

Nuclear Energy And Proliferation: Problems, Observations, And Proposals, Taylor A. Burke

ExpressO

The paper addresses policy issues related to the relationship between nuclear energy and proliferation, arguing for increased safeguards to secure such technology; it also examines the legal and political background of United States nuclear policy.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Communication Breakdown?: The Future Of Global Connectivity After The Privatization Of Intelsat, Kenneth D. Katkin

ExpressO

In 1971, 85 nations (including the United States) formed the International Telecommunications Satellite Organization “INTELSAT,” a public intergovernmental treaty organization. INTELSAT was charged with operating the world’s first global telecommunications satellite system, in order to guarantee the interconnectedness of the world’s communications systems and the availability of international telecommunications service to every nation on earth. By the late 1980s, however, INTELSAT’s operations began to experience substantial competition from the private sector. In 2000, the proliferation of privately-owned telecommunications satellites and transoceanic fiber optic cables led the U.S. Congress to mandate the privatization of INTELSAT. That privatization process began in 2001, …

Aggression, Unconscious Conflict, And The Role Of The Lawyer, Jean Roiphe

Cardozo Law Review

Why does an individual need a lawyer? What use is she to her client? Well, we answer, because the lawyer is an expert. She has a superior understanding of a highly technical field. And, of course, this is usually true. But that is not all. The client needs the lawyer not merely for her legal expertise, but for the management of his aggression. The lawyer offers not just legal defense, but defense against the fury of the drives, on the one hand, and the fury of the superego, on the other. The lawyer operates for the client as an …

Salvage And The Public Interest, Steven F. Friedell

Cardozo Law Review

No abstract provided.