Air and Space Law Commons^™

Navigating The Safety-Regulation Gap: Unraveling Systemic Challenges In Aviation Through Historical Accidents Analysis, Joshua Jackson

The Journal of Purdue Undergraduate Research

No abstract provided.

Delta Airlines – A Carbon Neutrality Pact To 2050 And Beyond A Public Policy White Paper, Drew P. Lemon

The Gettysburg Journal for Public Policy

As part of a new global climate initiative, the United States very one Atlanta based Delta Airlines has recently announced to the world they will be embarking on an initiative to provide a never-before-seen technique of air travel; Completely carbon-neutral air transport and net-zero carbon emissions across all operational sectors of their fleet by 2050. Delta Airlines has now become the first official United States-based airline to promise net-zero carbon flying to the entire public within the next few decades, and the airline is set on being the catalyst in generating positive change for the United States aviation industry and …

Law School News: Rewards Of The Road Less Traveled 10-13-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Changemakers: Rewards Of The Road Less Traveled: Dylan Collins, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Private Governance Responses To Climate Change: The Case Of Global Civil Aviation, Michael P. Vandenbergh, Daniel J. Metzger

Vanderbilt Law School Faculty Publications

This Article explores how private governance can reduce the climate effects of global civil aviation. The civil aviation sector is a major contributor to climate change, accounting for emissions comparable to a top ten emitting country. National and international governmental bodies have taken important steps to address civil aviation, but the measures adopted to date are widely acknowledged to be inadequate. Civil aviation poses particularly difficult challenges for government climate mitigation efforts. Many civil aviation firms operate globally, emissions often occur outside of national boundaries, nations differ on their respective responsibilities, and demand is growing rapidly. Although promising new technologies …

Contents

Georgia Journal of International & Comparative Law

No abstract provided.

The Impact Of Governmental Regulation On Air Transportation, Hamilton Desaussure

Akron Law Review

THE FOURTH ANNUAL International Law Symposium held at the University of Akron on November 13 and 14, 1975, concerning the impact of governmental regulation on air transportation, presented the issue of whether too much regulation of the domestic airline industry exists, and if so, how such regulation can be curtailed without diminishing route stability or damaging the public interest in a broad, well-integrated air transport network. This subject is of great importance to the traveling public. It is an issue which has drawn the particular attention of Congress.

Uncrashworthy Aircraft And The Manufacturer's Liability, Robert Kent

Akron Law Review

The concept of crashworthiness has now been accepted by a resounding majority of states if not all states. Although widely used since Larsen in automobile crash cases, crashworthiness has only recently been successfully applied to the aircraft. Perhaps this foreshadows the future. The automobile differs only slightly from the helicopter and the airplane. All are products; all are accepted modes of transportation; and all may be designed to be reasonably safe. The doctrine of crashworthiness has been so widely accepted with respect to the automobile that the time has now arrived for the doctrine to be accepted in the field …

Assessing The Commercial Aviation Impact Of The Year 2000 Open Skies Agreements Between The United States And African Countries With Longstanding Flights, Tyler B. Spence, Micah Walala, Richard O. Fanjoy

Aviation / Aeronautics / Aerospace International Research Conference

The U.S. started a comprehensive campaign towards Open Skies agreement in 1992. The major benefits of Open sky agreement are reported to include increase of passenger and cargo volume between partners. This study analyzes passenger traffic and cargo volume between six African countries that have had commercial aviation with the U.S. since 1990 to 2014, and with direct flights between them. Two of the countries have had no Open Skies agreement with the U.S., while four have had Open Skies agreement beginning in 2000. A multi linear modeling process was applied on the two categories to determine whether there is …

Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey

Georgia Journal of International & Comparative Law

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 …

The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk

Pepperdine Law Review

When aviation accidents occur, the National Transportation Safety Board conducts an investigation to determine the conditions, circumstances, and ultimately the probable cause of the accident. There is a federal statutory privilege which renders these reports, as well as testimony from the attending investigator, inadmissible as evidence in any suit or action arising from the accident. However, certain judicially created exceptions have arisen which permit portions of the report and certain investigator testimony to be admitted into evidence. The authors delineate and analyze these exceptions as they discuss the trend toward increased report and testimony admissibility. The authors conclude with a …

Making A List And Checking It Twice, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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.

Air Passenger Rights:A New Departure In European Aviation Law, Niall Neligan

Articles

The purpose of this article is to critically evaluate the legal and economic implications of the framework for passenger rights under Regulation 261/2004 in light of the recent decision of the Court of Justice in International Air Transport Association v The Department of Transport . This article will examine in detail the Regulation,
outlining the major provisions contained within, the legal challenge brought by the International Air Transport Association (“IATA”) and the European Low Fares Association (“ELFA”) and the impact
it will have on passenger rights in the European Union. Furthermore, the article will conclude by examining how national enforcement …

"Open Skies" At A Crossroads: How The United States And European Union Should Use The Ecj Transport Cases To Reconstruct The Transatlantic Aviation Regime, Jacob A. Warden

Northwestern Journal of International Law & Business

Since the creation of the modern international aviation regime, at the 1944 Chicago Conference, the United States has used this power and prestige to create a system much to its liking. However, the recent decision of the Court of Justice of the European Communities ("ECJ") in the Transport Cases threatens to change this. The Transport Cases, brought by the European Commission ("Commission") in an attempt to achieve exclusive authority to negotiate commercial aviation agreements for the collective European Union, partially struck down several bilateral aviation treaties signed between several of the Member States and the United States. The Commission, recognizing …

On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, Agency Capture, And Airline Security, Mark Niles

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel

Northwestern Journal of International Law & Business

The objective of this article is to show the background of the airline liberalization process in the E.U. and to evaluate its economic effects in context of the global aviation market. To understand the pressures for change and the forms that the changes are taking, it is first necessary to ap-preciate why market regulation was thought important and how the U.S. de-regulated its airline industry. Therefore, Section II of this paper will analyze the different market structures in the U.S. and the E.U. In Section III, the discussion will continue with a consideration of the effects of U.S. airline deregulation. …

Security, Safety, And The Law: The Alpine Cable Accident, Ibpp Editor

International Bulletin of Political Psychology

This article describes how legal Issues pertaining to fatal aviation accidents with and without significant politico-military implications can contribute to or detract from security and safety phenomena leading to yet other fatal accidents.

The Large Civil Aircraft Industry: Applying Legal Policy-Making Tools To Accommodate A Changing Industry, Dennis G. Terez

Michigan Journal of International Law

This note first examines the emergence of Airbus Industrie (Al or Airbus) and identifies some of the legal and policy instruments which the European governments have employed to make Al a successful competitor. After a brief discussion of the growing difficulties with subsidy policies, the note considers European Community legislation for a common European industrial policy and the creation of a European Export Bank as possible alternative solutions for maintaining Al's competitiveness. The note finally argues that international industrial agreements are necessary legal tools for effective regulation of the manufacture and sale of large civil aircraft. International agreements currently in …

The Fourth Amendment At The Airport: Arriving, Departing, Or Cancelled, Joel M. Gora

Villanova Law Review (1956 - )

No abstract provided.

The Government's Response To Hijacking, Benjamin O. Davis Jr.

Villanova Law Review (1956 - )

No abstract provided.

International Enforcement Of Air Security - United States Initiatives, Charles N. Brower

Villanova Law Review (1956 - )

No abstract provided.

Development Of A Behavioral Profile For Air Pirates, John T. Dailey

Villanova Law Review (1956 - )

No abstract provided.

Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.

Air Crimes: Perspective From The Cockpit, John J. O'Donnell

Villanova Law Review (1956 - )

No abstract provided.

Individual Rights V. Skyjack Deterrence: An Airline Man's View, Michael J. Fenello

Villanova Law Review (1956 - )

No abstract provided.

The Use Of Arbitration In The Settlement Of Bilateral Air Rights Disputes, Ross T. Dicker

Vanderbilt Journal of Transnational Law

In the field of aviation, world transportation is bound together by a highly complex and sophisticated arrangement in which each country designates a single carrier to carry its flag to foreign-countries. The United States has not followed this practice of designating one line as the nation's flag carrier and has twenty "international" carriers which transport passengers, cargo, and mail to foreign countries. Each one of these carriers is a private business concern, competing in most cases with another American carrier covering the same route, and in all cases with the air carrier of the country to which it flies. In …

Mankiewicz, Ed.: Yearbook Of Air And Space Law 1965, Howard J. Taubenfeld

Michigan Law Review

A Review of Yearbook of Air and Space Law 1965 edited by Rene H. Mankiewicz

Wrongs And Rights In Superterraneous Airspace: Causby And The Courts, Richard A. Repp

William & Mary Law Review

No abstract provided.