Air and Space Law Commons^™

Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith

Georgia State University Law Review

The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.

Unmanned Aerial Vehicles: Their Use Of Satellite Services And (Space) Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter represents an effort to identify the components of international space law that apply to the use of unmanned aerial vehicles (UAVs). It argues that, while other national and international regimes of law apply to UAV activities, international space law is implicated only to the extent that UAV technology relies on satellite services for control and guidance purposes.

Laser Pointers As A Threat To Aviation Safety: The Problem, Current Policies, And Proposed Solutions, Lukas Moffett

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Federal Rule 26(A)(2) Expert Witness Disclosures: Strategies For Composing And Attacking Expert Disclosures, Douglas B. Bates, Chelsea R. Stanley, James L. Burt Iii

Journal of Air Law and Commerce

Federal Rule of Civil Procedure 26(A)(2) governs disclosure of expert testimony. The rule purports to create a clear delineation between experts that must provide a written report and those that do not. The rule then outlines the disclosure requirements that must be satisfied as to each type of expert. This article focuses on the implications of Rule 26(A)(2) in practice, with an emphasis on the field of aviation litigation. The article begins by discussing the general difference between non-retained experts and retained experts and the disclosure requirements associated with each. The article then progresses into a series of practice pointers …

Airport Security Screeners: In Your Face And Above The Law, Luke Strieber

Journal of Air Law and Commerce

No abstract provided.

Why Jurisdiction Over Airmen Enforcement And Certificate Cases Should Be Transferred From The National Transportation Safety Board To Federal District Court, Alan Armstrong

Journal of Air Law and Commerce

No abstract provided.

Atc Privitization: A Solution In Search Of A Problem, Ross W. Neher

Journal of Air Law and Commerce

With recent headlines such as “Trump Budget Includes ATC Giveaway” and “Trump Calls for Air Traffic Control Spin-Off in Budget,” privatization of air traffic control (ATC) services in the United States is a hot-button political issue. Indeed, USA Today reports that President Donald Trump’s call to privatize ATC was “one of his top priorities” in his 2017 budget. And, for the first time, legislation (H.R. 2997) privatizing the ATC made it out of committee.

The discussion of ATC privatization is nothing new. Since the 1980s, several countries have privatized the management and funding of their respective ATC services. And over …

Federal Accident Investigations: Civil Litigation Viewpoint, Jill Dahlmann Rosa

Journal of Air Law and Commerce

While aviation accident investigations have come a long way from the days when they were completely shrouded in secrecy, friction still remains between investigation and litigation. Investigations are key for identifying facts, witnesses, and areas of focus. The investigation reports, however, might be excluded from trial, and litigation experts can be excluded from trial as well if they rely solely on investigation findings without conducting their own analysis. Although the federal government spends money and effort investigating accidents, the reports are not completed with evidentiary admissibility in mind. Courts are increasingly concerned by double hearsay and other evidentiary problems that …

Make Airlines Great Again: Why Bankruptcy Went From A Dirty Word To A Strategy, And A Proposal To Bring It Back, Klayton Sweitzer Hiland

Journal of Air Law and Commerce

No abstract provided.

Here Comes The Boom: Reevaluating The Merits Of Faa Prohibition On Civil Supersonic Flight, Jonathan Petree

Journal of Air Law and Commerce

No abstract provided.

Solving The Space Debris Crisis, Paul B. Larsen

Journal of Air Law and Commerce

Space debris is a growing public safety problem. As described by the Kessler Syndrome, the increasing accumulation of debris will soon hinder and eventually preclude access to outer space unless the trend is swiftly reversed. The Inter-Agency Space Debris Coordination Committee’s (IADC) Space Debris Mitigation Guidelines, as adopted by the United Nations (UN) Committee for the Peaceful Uses of Outer Space (COPUOS), are voluntary but are enforced as mandatory regulations by major space powers; however, the guidelines only apply to new debris. The European Space Agency’s (ESA) 2017 Space Debris Conference concluded that existing space debris guidelines are inadequate and …

Welcome To The Jungle: The Application Of Foreign Law In Aircraft Accident Litigation, Bryan S. David

Journal of Air Law and Commerce

Ordinarily, all legally significant aspects pertaining to a lawsuit emanate from a single state (usually the state where the lawsuit was filed), and the court assigned to the lawsuit decides the case based strictly upon the laws of that state. However, by its very nature, aircraft accident litigation often arises from factual scenarios involving people and aircraft emanating from multiple states and even multiple nations. And those scenarios often raise questions regarding which law will apply. The body of law known alternatively as “conflict of laws” or “choice of laws” was specially designed to answer those questions.

However, over the …

Minimum International Norms For Managing Space Traffic, Space Debris, And Near Earth Object Impacts, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

Asteroid Mining: International And National Legal Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction; Asteroid Mining and the Law … 2. The International Legal Context for Asteroid Mining—The Outer Space Treaty … 3. The International Legal Context for Asteroid Mining—The Moon Agreement … 4. Back to the Outer Space Treaty: Interpreting the Nonappropriation Prohibition … 5. Unilateral Action: Title IV, U.S. Commercial Space Launch Competitiveness Act … 6. Concluding Remarks

Asteroid mining is one of the hot topics today not only within the space arena at large but also in the more specific domain of space law, comprising “every legal or regulatory regime having a significant impact, even if implicitly or indirectly, …

Some Remarks Further To "Outer Space And International Geography: Article Ii And The Shape Of Global Order" By P. J. Blount, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Introduction ... The Key Role of Article II of the Outer Space Treaty ... Article II of the Outer Space Treaty and the Commercialization of Outer Space ... Space Mining: The Need for an Update of the Legal Framework ... Updating the Existing Legal Framework: Some Further Thoughts ... Concluding Remarks

The European Union And Space—Space For Competition?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

From the inception of European integration, a regime trying to regulate and arrange competition as much as considered necessary for the benefit of society at large has been one of the core elements of the European Union’s legal order. While the European Union has over the past few decades become more and more involved in the European space effort, this has so far hardly given rise to fundamental application of this competition regime to space activities, even if space also in Europe increasingly has become commercialized and privatized. The current paper investigates the reasons and rationale for this special situation, …

Navigating The Federal Sentencing Guidelines: Considerations Of Equitable Impact After United States V. Trinidad, Jonathan Petree

Journal of Air Law and Commerce

No abstract provided.

A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr

Journal of Air Law and Commerce

An examination of the 1999 Montreal Convention shows that the drafters did not intend to lay down a comprehensive treaty that would organize a carrier’s liability for personal injury to passengers. They opted to achieve a certain level of uniformity through enacting a set of rules that tackled several key issues such as the grounds for a carrier’s liability, the available defenses, and the limits on the recoverable damages. Consequently, some unaddressed issues created a void in the Montreal Convention and were then left without a clear remedy. In this article, a distinction is made between two types of voids: …

That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak

Publications

Building, deploying, and maintaining systems with sufficient cybersecurity is challenging. Faster improvement would be valuable to society as a whole. Are we doing as much as we can to improve? We examine robust and long-standing systems for learning from near misses in aviation, and propose the creation of a Cyber Safety Reporting System (CSRS).

To support this argument, we examine the liability concerns which inhibit learning, including both civil and regulatory liability. We look to the way in which cybersecurity engineering and science is done today, and propose that a small amount of ‘policy entrepreneurship’ could have substantial positive impact. …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Regulatory Schizophrenia: Mergers, Alliances, Metal-Neutral Joint Ventures And The Emergence Of A Global Aviation Cartel, Paul S. Dempsey

Journal of Air Law and Commerce

No abstract provided.

As The Grapefruit Turns Sixty, It’S Time To Get Serious About Clean Up In Outer Space, Humaid Alshamsi, Roy Balleste, Michelle L. D. Hanlon

Journal of Air Law and Commerce

The ability to physically interact with an on-orbit object is an idea that has been stymied by its great cost. Yet the rewards are incalculable. Autonomous on-orbit servicing (OOS) vehicles can potentially repair or salvage an ailing satellite or remove it from orbit. The former can help recoup the considerable investment that goes into the development and construction of a satellite, and the latter would reduce space debris. In short, the development of OOS should be promoted. This paper will explore the legal ramifications and complications of unmanned on-orbit servicing missions. After reviewing the international framework and the current state …

Unmaking A National Space Legislation For India: Indigenizing Space Law Through The “Organic Science” Of The Indian Space Program, S. G. Sreejith

Journal of Air Law and Commerce

No abstract provided.

War And (Labor) Peace: How The Ninth Circuit Changed The Rules Of Engagement For Service Providers And Organized Labor, Klayton Sweitzer Hiland

Journal of Air Law and Commerce

No abstract provided.

Tax Reform Up In The Air: Redefining The Test For Qualification Of An Air Carrier For Sales Tax Exemption, Daniel W. Sepulveda

Journal of Air Law and Commerce

No abstract provided.

Presuming Patent Inventorship Without Further Examination: A Double-Edged Sword For Aerospace Companies, Jake Winslett

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, Justin V. Lee

Journal of Air Law and Commerce

No abstract provided.

Event Horizon: Examining Military And Weaponization Issues In Space By Utilizing The Outer Space Treaty And The Law Of Armed Conflict, Ryan M. Esparza

Journal of Air Law and Commerce

This article takes the position that any lingering ambiguities surrounding the militarization and weaponization of outer space should be analyzed via the joint scope of the Outer Space Treaty and the Law of Armed Conflict. This article pulls key provisions from Additional Protocol I to the Geneva Conventions because of Additional Protocol I’s application in international conflicts and affirmation of the four Geneva Conventions. After an examination of key Additional Protocol I provisions and their application to space, this article conducts a joint analysis of the Outer Space Treaty and the Law of Armed Conflict. This joint analysis examines three …

Space Traffic Management Standards, Paul B. Larsen

Journal of Air Law and Commerce

This article is about the need for space traffic standards. It specifically focuses on international space traffic standards. Space traffic is currently tracked by radar. But, many objects—mainly space debris—moving in outer space are too small to be tracked and are still dangerous. The Kessler Syndrome predicts frequent collisions with increasing space debris in outer space in the near future. A four-fold increase in navigable outer space objects is likely. Therefore, organization of space traffic is urgently needed.