Air and Space Law Commons^™

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 …

Houston, We Have A (Liability) Problem, Justin Silver

Michigan Law Review

The development of private manned space flight is proceeding rapidly; there are proposals to launch paying passengers before the end of 2014. Given the historically dangerous nature of space travel, an accident will probably occur at some point, resulting in passengers’ injury or death. In the event of a lawsuit stemming from such an accident, a court will likely find that a space flight entity operating suborbital flights is a common carrier, while an entity operating orbital flights is not. Regardless of whether these entities are common carriers, they face a threat of high levels of liability, as well as …

Autonomous Weapons And Human Responsibilities, Jack M. Beard

Nebraska College of Law: Faculty Publications

Although remote-controlled robots flying over the Middle East and Central Asia now dominate reports on new military technologies, robots that are capable of detecting, identifying, and killing enemies on their own are quietly but steadily movingfrom the theoretical to the practical. The enormous difficulty in assigning responsibilities to humans and states for the actions ofthese machines grows with their increasing autonomy. These developments implicate serious legal, ethical, and societal concerns. This Article focuses on the accountability of states and underlying human responsibilities for autonomous weapons under International Humanitarian Law or the Law of Armed Conflict. After reviewing the evolution of …

Federal Versus State: Private Commercial Spaceflight Operator Immunity Regulation In The United States, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The 2004 Commercial Space Launch Amendments Act provided the first national statute dedicated to private commercial spaceflight, further elaborated by a Chapter in the Code of Federal Regulations. A major element of that regulation concerns the “informed consent” requirement, which constitutes the main condition upon which a private commercial spaceflight operator is allowed to fly paying passengers into the edge of outer space and back. The requirement as such does not automatically equate with a statutory waiver of passenger liability, which was a major reason for a handful of individual US states to add by way of statutes such immunity …

From Space Tourists To Unruly Passengers? The U.S. Struggle With "On-Orbit Jurisdiction", F. G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the first proper commercial sub-orbital “space tourist” flights seemingly around the corner, the need to develop a proper legal system addressing all relevant parameters, scenarios, and events also arises more visibly. This is particularly true for the United States, where so far the major developments in private manned spaceflight are concentrated, some of which may soon move from relatively straightforward up-and-down sub-orbital trajectories to longer-duration suborbital and/or orbital flights, or even long-duration presence in (potentially private) space stations. As one author succinctly put it: humans are essentially unpredictable, and the longer their flights will be, the less preordained and …

The New Orient Express: Current Trends And Regulations In Space Tourism And The Need For Commercial Hypersonic Point To Point Travel, Patrick Zurita

Global Business Law Review

This paper aims to answer the question of what the new privatized space regime will not only look like, but also if and how it will expand. In answering the question an examination of who will most be affected by space tourism and a subsequent space travel industry is required. Additionally, a cursory look at the history of airline regulation both domestically and abroad is needed to understand the future of private space flight. Next, an overview of past and current space and hypersonic technologies is required to attempt any projection of future advances. Finally, this paper sets out to …

A Kellogbriand Pact For The 21st Century, Chris Jenks

Faculty Journal Articles and Book Chapters

This article briefly describes why the State parties to the Convention on Certain Conventional Weapons rejected human rights groups’ call for a ban on so called “killer robots.” This article contends that the international community resoundingly rejected this argument at the first ever experts meeting on lethal autonomous weapon systems (LAWS) because it ignores the wide range and longstanding use of LAWS and presupposes their future development while failing to acknowledge even the possibility that LAWS may facilitate greater protection of both military and civilians.

Recent Developments In Aviation Law, Jared L. Watkins, Evan Katin-Borland

Journal of Air Law and Commerce

No abstract provided.

Flags Of Convenience: Maritime And Aviation, Allan I. Mendelsohn

Journal of Air Law and Commerce

No abstract provided.

Faa Endorsements - Escaping Judicial Review - The Second Circuit Rules That An Endorsement Of Panel Recommendations Is Not A Final Order, J. Bryan White

Journal of Air Law and Commerce

No abstract provided.

Understanding The Second Sydney Airport Debate: The Consequences For Limited Airport Capacity Of A Government Policy Lacuna, Andrew Harrington

Journal of Air Law and Commerce

No abstract provided.

Grounded At The Pleading Stage: How Do Tsa Agents Assess A Peaceful Protest Versus A Disruptive One, Peter Thompson

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

On What Authority: Customs And Border Protection's Unwarranted War On Private Aviation, Heather Mckinney

Journal of Air Law and Commerce

No abstract provided.

Inner Space: Icao's New Frontier, P. Paul Fitzgerald

Journal of Air Law and Commerce

No abstract provided.

Good Intentions, Bad Results, And Ineffective Redress: The Story Of The No Fly And Selectee Lists And A Suggestion For Change, Eric Hedlund

Journal of Air Law and Commerce

No abstract provided.

Just Culture And Accountability For Flight Safety Events In Australia And New Zealand, Christopher Griggs

Journal of Air Law and Commerce

No abstract provided.

Educational Malpractice And The Liability Of Flight Training Providers, Peter M. Lindberg

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Rationalizing The Cape Town Convention And Aircraft Protocol's First-To-Register Rule And Its Exceptions In The Context Of Aviation Finance, Jolyn Ang Qin

Journal of Air Law and Commerce

No abstract provided.

Angry People In The Sky: Air Rage And The Tokyo Convention, Vernon Nase, Nicolas Humphrey

Journal of Air Law and Commerce

No abstract provided.

Standards, Standards Everywhere: Assessing Current Initiatives For Human Spaceflight Standards And Their Potential Effect On Future Regulations, Mark J. Sundahl

Law Faculty Contributions to Books

One of the critical questions facing the human spaceflight industry is how its activities will be regulated during the infancy of the industry. It is generally agreed that regulation is necessary to address safety risks to crew, passengers and third parties. However, there is also a concern that government agencies may over-regulate the industry in a manner that could create unnecessary administrative burdens and interfere with technological innovation. In fact, the growth of regulation over the human space industry has been quite slow. Although the United States enacted the Human Space Flight Requirements for Crew and Space Flight Participants in …

Will The New Icao-Beijing Instruments Build A Chinese Wall For International Aviation Security?, Alejandro Piera, Michael Gill

Vanderbilt Journal of Transnational Law

The last 6 years have seen an unprecedented level of activity in the field of international aviation law, with the adoption of three new conventions and one new protocol. This is a testament to ICAO's leadership role and its ongoing relevance, particularly in the field of aviation security. The tragic events of 9/11 highlighted some weaknesses in the international law regime and were the impetus behind the nine-year process that led to the adoption of the 2010 Beijing Convention and Protocol. This Article reviews the historical background to the new treaties, including the journey taken through the ICAO process. It …

Not Without My Daughter: Preemption Of Claims Against An Airline For Parental Child Abduction, Barry S. Alexander

Journal of Air Law and Commerce

No abstract provided.

An Inference About Interference: A Surprising Application Of Existing International Law To Inhibit Anti-Satellite Weapons, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This article presents a thesis that most readers will find surprising, in an effort to develop a novel, simultaneous solution to three urgent, complex problems related to outer space. The three problems are: a) the technical fact that debris in outer space (the accumulated orbital junk produced by decades of space activities) has grown to present a serious hazard to safe and effective exploration and exploitation of space; b) the strategic fact that many countries (notably the United States, China and Russia, but others, too) continue to demonstrate a misguided interest in pursuing anti-satellite weapons, which can jeopardize the security …

Air Travel And The No Fly List - The District Of Oregon Recognizes A Constitutional Right To Fly, Emily Leezer Landeros

Journal of Air Law and Commerce

No abstract provided.

Regulation Of Air Traffic - The D.C. Circuit Holds That The Faa Has Statutory Authority To Alter Flight Routes To Mitigate The Impact Of Aircraft Noise On Residential Areas, Huy Ly

Journal of Air Law and Commerce

No abstract provided.

The Aviation And Transportation Safety Act And Whisteblowers - How Maclean And The Federal Circuit Sent National Security Into A Nose Dive, Cassie Suttle

Journal of Air Law and Commerce

No abstract provided.

Military Use Of Satellite Communications, Remote Sensing, And Global Positioning Systems In The War On Terror, Ricky J. Lee, Sarah L. Steele

Journal of Air Law and Commerce

No abstract provided.