Air and Space Law Commons^™

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Independence Of Aviation Safety Investigation Authorities: Keeping The Foxes From The Henhouse, Paul Stephen Dempsey

Journal of Air Law and Commerce

No abstract provided.

Air Marshals: The Need For Legal Certainty, P. Paul Fitzgerald

Journal of Air Law and Commerce

No abstract provided.

The National Mediation Board's Rule Proposal For Representation Elections: If It Ain't Broke..., Kyle Burke

Journal of Air Law and Commerce

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Trying To Squeeze Into The Middle Seat: Application Of The Airline Deregulation Act's Preemption Provision To Internet Travel Agencies, Aubrey B. Colvard

Journal of Air Law and Commerce

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Front Matter

Journal of Air Law and Commerce

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Failure Is Not An Option: An Essay On What Legal Educators Can Learn From Nasa's Signature Pedagogies To Improve Student Outcomes, Lisa T. Mcelroy, Christine N. Coughlin

Journal of Air Law and Commerce

No abstract provided.

The Scope Of The Proprietary Powers Exception To Federal Preemption Under The Airline Deregulation Act, Christopher Scott Maravilla

Journal of Air Law and Commerce

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Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl

Journal of Air Law and Commerce

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Dohsa's Commercial Aviation Exception: How Mass Airline Disasters Influenced Congress On Compensation For Deaths On The High Seas, Stephen R. Ginger, Will S. Skinner

Journal of Air Law and Commerce

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Private Commercial Space Transportation's Dependence On Space Tourism And Nasa's Responsibility To Both, Thomas Brannen

Journal of Air Law and Commerce

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Access Mars: Assessing Cave Capabilities Establishing Specific Solutions: Final Report, Abdul Mohsen Al Husseini, Luis Alvarez Sanchez, Konstantinos Antonakopoulos, Jeffrey (Johannes) Apeldoorn, Kenneth Lowell Ashford Jr., Kutay Deniz Atabay, Sara Langston, Et Al.

Publications

The human race has evolved, grown and expanded through the exploration of Earth. After initial steps on the Moon, our next challenge is to explore the solar system. Mars shows potential for both scientific discovery and future human settlement, and so is a prime candidate for the next leap of human exploration. Such a bold endeavor will be a driver for an unprecedented worldwide cooperative effort and the catalyst for a new era of international, intercultural and interdisciplinary human relations. Scientific and technological progress will also accelerate as mankind is ushered into a new era of space exploration.

Currently proposed …

Space Law In The Age Of The International Space Station, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This article focuses on the special context where humans from various nations work and live together in one orbiting laboratory, the International Space Station (ISS), and the legal rules pertinent to those activities. This essentially concerns the application of an existing body of international treaties on space and space activities to the ISS, as well as the special legal framework that has been established to deal with the various ramifications of this very international operating environment. Within that context moreover, the specific European parameters stemming from the fact that the European Space Agency (ESA) serves as the vehicle for the …

A European “Equivalent” To United States Export Controls: European Law On The Control Of International Trade In Dual-Use Space Technologies, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Abstract This article analyzes the system developed within Europe, more precisely within the European Union through European Community law, to address the security-sensitive issues involved in the export of hardware, software, and knowledge for the purpose of space activities and major space applications. The subject is introduced with reference to the far better known export control developments within the United States, such as those concerning International Traffic in Arms Regulations, and the international understandings under the Missile Technology Control Regime and Wassenaar Arrangement. European Community Regulations for export controls provide for a complex system of balances between national sovereignty and …

The Political Economy Of Hong Kong's Open Skies Legal Regime: An Empirical And Theoretical Exploration, Miron Mushkat, Roda Mushkat

San Diego International Law Journal

Hong Kong has generally followed a libertarian path on the external economic front, maintaining a widely open trade and investment platform. Its policy regarding the now well-established "open skies" system qualifies as something of an aberration, albeit obviously not to the same extent as its far more inward-looking immigration strategies. This pattern can effectively be placed in the appropriate theoretical context and the territory’s experience in that respect may offer relevant analytical insights into the evolution of international legal regimes, particularly those with a distinct regulatory focus and essentially bilateral in nature.

Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington

Journal of Law and Health

This article calls for the creation of an international public health do-not-fly list akin to those used by Interpol and the United States government as a stop-gap measure to ensure that passengers who have been diagnosed with infectious diseases or have been exposed to infectious diseases are unable to travel until it is established that it is medically safe for them to do so. This article has also called for amendments to the IHR and the Vienna Conventions to clarify the rights and obligations of travelers and states in the event of a suspected or established case of infectious disease …

Thomas Jefferson, We Have A Problem: The Unconstitutionality Nature Of The U.S.'S Aerospace Export Control Regime As Supposed By Bernstein V. U.S. Department Of Justice , Mike N. Gold

Cleveland State Law Review

All men are created equal, except aerospace workers. This was not how the Declaration of Independence was written, but it is how the U.S. government is currently enforcing its aerospace-related export control restrictions. Specifically, under the auspices of the International Traffic in Arms Regulations (“ITAR”)1 those in the aerospace workforce have unwittingly surrendered their First Amendment rights to free speech. This article will describe how the Ninth Circuit case of Bernstein v. U.S. Department of Justice2 clearly demonstrates the unconstitutional nature of the ITAR and will recommend reforms that would bring America's export control regime back into line with the …

Aircraft Accident Reports And Other Government Documents: Evidentiary Use In International Air Crash Litigation In The United States, William D. Janicki

Journal of Air Law and Commerce

No abstract provided.

The Valuation Of Airport Slots, Michael Olbrich, Gerrit Brosel, Marius Hasslinger

Journal of Air Law and Commerce

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National Transportation Safety Board Aircraft Accident Reports: The Long Lost Legislative History Of Section 701(E), John T. Cocklin

Journal of Air Law and Commerce

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Obesity, Canada's One Passenger One Fare Rule And The Potential Effects On The U.S. Commercial Airline Industry, Avery Williams

Journal of Air Law and Commerce

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Border Searches In A Modern World: Are Laptops Merely Closed Containers, Or Are They Something More, Kindal Wright

Journal of Air Law and Commerce

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Commercial Aviation: An Unsustainable Technology, Daniel M. Warner

Journal of Air Law and Commerce

No abstract provided.

National Insecurity: Itar And The Technological Impairment Of U.S. National Space Policy, Jason A. Crook

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

No-Fly List - The Ninth Circuit Misapplies Congressional Intent Of 49 U.S.C. Sec. 46110, A Decision That Opens The Doors Of District Courts To No-Fly List Challenges: Ibrahim V. Department Of Homeland Security, J. Cade Hamner

Journal of Air Law and Commerce

No abstract provided.

Takings - The Federal Circuit Denies Compensation For Passenger Screening Companies Pushed Out Of The Airport By The Aviation And Transportation Security Act: Huntleigh Usa Corp. V. United States, Paul Mcbride

Journal of Air Law and Commerce

No abstract provided.

Competition And Predation In The Airline Industry, Gustavo Mathias Pinto

Journal of Air Law and Commerce

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Investigating The Effects Of Financial Benefits Of Operating Leases On Air Carriers' Profits, Sang-Bum Park, Jin-Woo Park, Mohammad Akter Hossan

Journal of Air Law and Commerce

No abstract provided.

Flight Check: Are Air Carriers Any Closer To Providing Gambling On International Flights That Land Or Depart From The United States, Darren A. Prum

Journal of Air Law and Commerce

No abstract provided.