Air and Space Law Commons^™

Off-The-Shelf Danger: The Need For Overhauling Faa Regulations To Combat The Misuse Of Commercial And Recreational Drones, Ka Ching "Cyrus" Au

Seattle Journal of Technology, Environmental, & Innovation Law

This article discusses how FAA Part 107 has not kept pace with

advances in drone technology and advocates for a tailored solution for

drones. The increasing accessibility of sophisticated drone technology

presents significant national security and public safety challenges.

Regulatory frameworks posed by the Federal Aviation Administration

(FAA) are insufficient to address these growing concerns. The drone

technology originally marketed and developed for photography,

agriculture, and package delivery is now being repurposed for military use

and illegal activities. In the Russo–Ukrainian war, drones are now used to

carry advanced reconnaissance capabilities or are equipped with remotely

detonated explosives. Along a …

Autonomy Now?: Is It Time To Start Integrating (Autonomous) Urban Air Mobility Vehicles Into The National Airspace System?, Robert Notari

Texas A&M Law Review

Urban Air Mobility has the potential to radically change the fundamental nature of transportation within the United States. But challenges abound—from critical shortages of air traffic controllers and pilots and gaps in key technologies and infrastructure to the negative public perception of autonomous vehicles. FAA and industry, employing an evolutionary and safety-focused approach, can overcome these challenges through a combination of creative regulation, targeted technology development, and leveraging lessons learned through the FAA’s drone integration efforts. However, if drone integration is any guide, industry should be prepared for a long integration timeline, with autonomy still on the horizon.

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.

Two Heads Are Better Than One: Single Pilot Operation Threatens The Safety Of The Friendly Skies, Alexandria E. Rook

Arkansas Law Review

Boeing’s Maneuvering Characteristics Augmentation System (“MCAS”), an automated piloting system, is only supposed to handle aircraft operations in very specific circumstances. Despite devasting results with MCAS, Boeing has another automated piloting system on the horizon that poses even more grave risks: Single Pilot Operation (“SPO”). Boeing—along with Airbus—wants to replace one of the pilots in the cockpit of commercial airline flights with the new SPO technology it is developing. The FAA should not allow SPO technology to be implemented because it is premature, motivated by financial gain to the detriment of safety, and ignores the importance of professional judgment in …

Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, Tyler Watson

Indiana Law Journal

Recognizing that tort law is a unique area of law that was judicially created by rational human beings with an innate sense of economic justice, this Note seeks to apply positive economic theory—derived from ex post analyses of tort cases—to an ex ante analysis to predict how and to what extent the existing and proposed aerial trespass rules will further economic efficiency in the context of drones and airspace rights. Part I will provide (1) an overview of the Federal Aviation Administration’s (FAA) current regulatory framework and the development of the common law aerial trespass doctrine and (2) an overview …

Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf

Indiana Law Journal

Since the birth of the concept of a legally recognized right to privacy in Samuel D. Warren and Louis D. Brandeis’ influential 1890 law review article, “The Right to Privacy,” common law—with the aid of influential scholars—has massaged the concept of privacy torts into actionable claims. But now, one of the most innovative technological advancements in recent years, the unmanned aerial vehicle, or drone, has created difficult challenges for plaintiffs and courts navigating common law privacy tort claims.

This Article explores the challenges of prosecution of the specific privacy tort of intrusion upon seclusion involving nongovernmental use of drone technology. …

The Japanese Impact On Global Drone Policy And Law: Why A Laggard United States And Other Nations Should Look To Japan In The Context Of Drone Usage, Kaitlin D. Sheets

Indiana Journal of Global Legal Studies

The global Unmanned Aircraft System, or unmanned aerial systems (UAS) revolution is poised to have an impact across a broad range of industries from agriculture to filmmaking. The United States has taken a difficult and slower path to implementing UAS policy, with Congress essentially mandating the Federal Aviation Administration (FAA) to take action in 2015. The FAA's 624-page rulebook marks the first attempt of any comprehensive plan to regulate remote-controlled and commercial aircraft activity. Across the globe, Japan, a country with a proven track record in electronics and technology, is outpacing other countries in devising regulations that will increase UAS …

Recent Developments In Aviation Law, Justin V. Lee

Journal of Air Law and Commerce

No abstract provided.

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

Journal of Air Law and Commerce

No abstract provided.

Legal Challenges Facing Unmanned Aerial Systems And Commercial Agriculture, Peggy Kirk Hall, Rusty Rumley

University of Arkansas at Little Rock Law Review

No abstract provided.

Arkansas Airspace Ownership And The Challenge Of Drones, Lindsey P. Gustafson

University of Arkansas at Little Rock Law Review

No abstract provided.

Sutton V. United Airlines, Inc.: The Supreme Court "Substantially Limits" The Americans With Disabilities Act, Stephanie Beige

Touro Law Review

No abstract provided.

An Arm And A Leg: Paying For Helicopter Air Ambulances, Henry Perritt

All Faculty Scholarship

An increase in Medicare reimbursement rates in 2002 caused the number of helicopter air ambulances in the United States to increase threefold. The vast majority of air ambulance flights are ultimately paid for through Medicare or private insurance reimbursement, although the patient often remains legally responsible for the cost of a flight. Average costs for helicopter air ambulance (HEMS) operators have increased much more rapidly than the reimbursement rate, mostly due to low utilization of the helicopters. New safety requirements imposed by the FAA, after a ten-year period of much higher accident rates for helicopter air ambulances than for the …

Newsgathering Takes Flight In Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, Matthew D. Bunker

UF Law Faculty Publications

This Article examines legal challenges confronting journalists who use drones to gather images. Initially, it traces the history of drones and the Federal Aviation Administration’s efforts to regulate them, as well as new state legislation that aims to restrict drones. This Article then illustrates that a wide array of legal remedies already exist for individuals harmed by journalistic drone usage, and it argues that calls for additional, piecemeal state laws to regulate drones are unnecessary and unduly hinder First Amendment interests in newsgathering and the public’s right to know. Furthermore, this Article asserts that the reasonable-expectation-of-privacy jurisprudence developed in aerial …

Charting The Course For Use Of Small Unmanned Aerial Systems In Newsgathering, Mickey H. Osterreicher

Pepperdine Law Review

News organizations and individual journalists eagerly anticipate safely utilizing Small Unmanned Aerial Systems (sUAS) for newsgathering purposes as lawmakers integrate sUAS into the National Air Space (NAS). For now, these potential users may be flying over an "unchartered" regulatory landscape while the FAA struggles to complete its administrative rulemaking. In order to better understand how media organizations and individual journalists intend to use sUAS for newsgathering purposes, the National Press Photographers Association (NPPA) developed a survey consisting of twenty-one multiple choice questions, with space for elaboration, and three questions seeking narrative responses. The survey was distributed via email to approximately …

The Role Of Unmanned Aircraft Systems (Uas) In Disaster Response And Recovery Efforts: Historical, Current And Future, Dennis Vincenzi, David C. Ison, Brent A. Terwilliger

Publications

A wide range of legislation has been proposed or put into place that restricts the use of unmanned systems. These actions by legislators and regulators will stifle the growth of this technology and the associated surrounding industry. The largest obstacle to the proliferation of UAS in the U.S. is the FAA. The FAA has designated the location of six test sites that are anticipated to allow for less restrictive and formative research to assess the technologies that the FAA has claimed need to exist in order to integrate UAS into the NAS. Further complicating the adoption of UAS for beneficent …