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Air and Space Law Commons™

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Articles 1861 - 1890 of 4719

Full-Text Articles in Air and Space Law

Lucy In The Sky With Diamonds: Airline Liability For Checked-In Jewelry, Eloisa C. Rodrigues-Dod Jan 2004

Lucy In The Sky With Diamonds: Airline Liability For Checked-In Jewelry, Eloisa C. Rodrigues-Dod

Journal of Air Law and Commerce

No abstract provided.


Oblivion Of Crime As Crime Of Oblivion, Néstor A. Braunstein Aug 2003

Oblivion Of Crime As Crime Of Oblivion, Néstor A. Braunstein

Cardozo Law Review

No abstract provided.


The Registration Convention: Background And Historical Context, Frans G. Von Der Dunk Jan 2003

The Registration Convention: Background And Historical Context, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Recounts the history and background of the 1976 Convention on Registration of Objects Launched into Outer Space, otherwise known as the "Registration Convention." This convention, drawn up by the United Nations Committee on the Peaceful Uses of Outer Space, was the fourth treaty exclusively dedicated to outer space. A mere 44 states are parties to the Convention, and it is suggested here that greater enforcement of the Convention as it stands may be the best tool to encourage other parties' ratification of the Convention.


Review Of From Manganese Nodules To Lunar Regolith: A Comparative Legal Study Of The Utilization Of Natural Resources In The Deep Seabed And Outer Space, By Lotta Viikari, Frans G. Von Der Dunk Jan 2003

Review Of From Manganese Nodules To Lunar Regolith: A Comparative Legal Study Of The Utilization Of Natural Resources In The Deep Seabed And Outer Space, By Lotta Viikari, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Apart from a few minor mistakes or debatable statements— e.g. in the context of the discussion of the legal status of outer space vis à vis the Moon, private appropriation is too easily equated with the “national appropriation” of Article II, Outer Space Treaty, which is prohibited whether “by claim of sovereignty…or by any other means”—the only criticism which might be levelled would apply to Chapter 8 (“Conclusions”). It is a bit disappointing to find that this concluding chapter provides little more than a short and flat description of some of the possible solutions for a future regime for exploitation …


"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 Jan 2003

"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 …


Front Matter Jan 2003

Front Matter

Journal of Air Law and Commerce

No abstract provided.


When Airlines Profile Based On Race: Are Claims Brought Against Airlines Under State Anti-Discrimination Laws Preempted By The Airline Deregulation Act, Ryan L. Bangert Jan 2003

When Airlines Profile Based On Race: Are Claims Brought Against Airlines Under State Anti-Discrimination Laws Preempted By The Airline Deregulation Act, Ryan L. Bangert

Journal of Air Law and Commerce

No abstract provided.


The Fifth Jurisdiction Under The Montreal Liability Convention: Wandering American Or Wandering Everybody, Devendra Pradhan Jan 2003

The Fifth Jurisdiction Under The Montreal Liability Convention: Wandering American Or Wandering Everybody, Devendra Pradhan

Journal of Air Law and Commerce

No abstract provided.


Recent Developments In Aviation Law: 2003 Smu Air Law Symposium, John G. Sams Jan 2003

Recent Developments In Aviation Law: 2003 Smu Air Law Symposium, John G. Sams

Journal of Air Law and Commerce

No abstract provided.


Fire In The Sky: A Critical Look At Arming Pilots With Handguns, Monica G. Renna Jan 2003

Fire In The Sky: A Critical Look At Arming Pilots With Handguns, Monica G. Renna

Journal of Air Law and Commerce

No abstract provided.


Judicial Interpretations Of The Electronic Communications Privacy Act Raise Concerns About Whether The Airline Industries' Online Business Ventures Are Protected, Christopher T. Blackford Jan 2003

Judicial Interpretations Of The Electronic Communications Privacy Act Raise Concerns About Whether The Airline Industries' Online Business Ventures Are Protected, Christopher T. Blackford

Journal of Air Law and Commerce

No abstract provided.


Air Carrier Liability Under Warsaw: The Ninth Circuit Holds That Aircraft Personnel's Failure To Act In The Face Of Known Risk Is An Accident When Determining Warsaw Liability - Husain V. Olympic Airways, Ann Cornett Jan 2003

Air Carrier Liability Under Warsaw: The Ninth Circuit Holds That Aircraft Personnel's Failure To Act In The Face Of Known Risk Is An Accident When Determining Warsaw Liability - Husain V. Olympic Airways, Ann Cornett

Journal of Air Law and Commerce

No abstract provided.


Front Matter Jan 2003

Front Matter

Journal of Air Law and Commerce

No abstract provided.


September 11th And The Single European Sky: Developing Concepts Of Airspace Sovereignty, Stephen M. Shrewsbury Jan 2003

September 11th And The Single European Sky: Developing Concepts Of Airspace Sovereignty, Stephen M. Shrewsbury

Journal of Air Law and Commerce

No abstract provided.


John Howie - Trial Lawyer: A Good Man, Al Ellis Jan 2003

John Howie - Trial Lawyer: A Good Man, Al Ellis

Journal of Air Law and Commerce

No abstract provided.


Where Is The Acaa Today - Tracing The Law Developing From The Air Carrier Access Act Of 1986, James S. Strawinski Jan 2003

Where Is The Acaa Today - Tracing The Law Developing From The Air Carrier Access Act Of 1986, James S. Strawinski

Journal of Air Law and Commerce

No abstract provided.


My Mentor - John Howie, Andrew L. Payne Jan 2003

My Mentor - John Howie, Andrew L. Payne

Journal of Air Law and Commerce

No abstract provided.


The Failure Of Aviation Safety In New Zealand: An Examination Of New Zealand's Implementation Of Its International Obligations Under Annex 13 Of The Chicago Convention On International Civil Aviation, Samantha Sharif Jan 2003

The Failure Of Aviation Safety In New Zealand: An Examination Of New Zealand's Implementation Of Its International Obligations Under Annex 13 Of The Chicago Convention On International Civil Aviation, Samantha Sharif

Journal of Air Law and Commerce

No abstract provided.


Myths Of International Aviation, Allan I. Mendelsohn Jan 2003

Myths Of International Aviation, Allan I. Mendelsohn

Journal of Air Law and Commerce

No abstract provided.


Front Matter Jan 2003

Front Matter

Journal of Air Law and Commerce

No abstract provided.


Ninth Circuit Holds The General Aviation Revitalization Act Is Immediately Appealable Under The Collateral Order Doctrine: Estate Of Kennedy V. Bell Helicopter Textron, Inc., Carter Boisvert Jan 2003

Ninth Circuit Holds The General Aviation Revitalization Act Is Immediately Appealable Under The Collateral Order Doctrine: Estate Of Kennedy V. Bell Helicopter Textron, Inc., Carter Boisvert

Journal of Air Law and Commerce

No abstract provided.


An Accommodation Is Ordinarily Presumed To Be Unreasonable If It Violates An Employer's Bona Fide Seniority System Unless The Employee Can Show Special Circumstances That Make It Reasonable: U.S. Airways, Inc. V. Barnett, Monica G. Renna Jan 2003

An Accommodation Is Ordinarily Presumed To Be Unreasonable If It Violates An Employer's Bona Fide Seniority System Unless The Employee Can Show Special Circumstances That Make It Reasonable: U.S. Airways, Inc. V. Barnett, Monica G. Renna

Journal of Air Law and Commerce

No abstract provided.


Corporate Takeovers: Legal Aspects Of Takeovers Among Chinese Airlines, Wu Jianduan, Xu Lining Jan 2003

Corporate Takeovers: Legal Aspects Of Takeovers Among Chinese Airlines, Wu Jianduan, Xu Lining

Journal of Air Law and Commerce

No abstract provided.


Post Traumatic Lesion Corporelle: A Continuum Of Bodily Injury Under The Warsaw Convention, John F. Easton, Jennifer E. Trock, Kent A. Radford Jan 2003

Post Traumatic Lesion Corporelle: A Continuum Of Bodily Injury Under The Warsaw Convention, John F. Easton, Jennifer E. Trock, Kent A. Radford

Journal of Air Law and Commerce

No abstract provided.


The World Trade Center - Terrorist Airline Destruction: Will This Be The First Test Of The War Between The Montreal Liability Convention's Article 21(2)(A) And 21(2)(B), Larry Moore Jan 2003

The World Trade Center - Terrorist Airline Destruction: Will This Be The First Test Of The War Between The Montreal Liability Convention's Article 21(2)(A) And 21(2)(B), Larry Moore

Journal of Air Law and Commerce

No abstract provided.


The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone Jan 2003

The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone

Journal Articles

This Article develops a framework to govern the interactions of nations cooperating to mitigate the threat of unexpected natural disasters that potentially could affect them all. It uses asteroid impact with the Earth as the representative example because this is an "unusual and extreme" disaster that has created difficulty for lawmakers due to its many unanswerable questions. By explaining a number of the legal requirements necessary to mitigate such threats, this Article identifies legal principles that apply equally to natural threats throughout the global commons. The law involved in this analysis arises, in great part, from the judicial recognition of …


Satellite Wars: Culture Vs. Expression, Alex Colangelo Jan 2003

Satellite Wars: Culture Vs. Expression, Alex Colangelo

Vanderbilt Journal of Entertainment & Technology Law

This Article first describes satellite technology and the process by which Canadians access American satellite broadcasts. It then examines the competing issues of preservation of Canadian business and culture, versus the freedom of expression as set forth in section 2(b) of the "Canadian Charter of Rights and Freedoms" (hereinafter "Charter"). Next, the Article considers case law preceding Bell ExpressVu, and presents an examination of the findings of the Supreme Court of Canada in Bell ExpressVu. The Article will then argue that the Supreme Court incorrectly found that there existed no ambiguity in the various interpretations of section 9(l)(c), and that …


Quis Vadit Cum Vobis, Galileo?, Frans G. Von Der Dunk Jan 2003

Quis Vadit Cum Vobis, Galileo?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the decision early 2002 to develop Galileo, the second generation European GNSS-system, and to have it fully operational by 2008, the member states of the European Union (EU) and the European Space Agency (ESA) have taken a large step forward. The question "Quo vadis, Galileo?' has therefore, by and large, been answered - 'Into orbit!' However, many legal parameters for the future system have yet to be defined; amongst those one of the most important is the definition and establishment of the institutional structure which should bring Galileo there and make sure it remains there, in a safe, sensible …


Towards One Captain On The European Spaceship— Why The Eu Should Join Esa, Frans G. Von Der Dunk Jan 2003

Towards One Captain On The European Spaceship— Why The Eu Should Join Esa, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The current European Convention, aimed at shaping the future of the EU, is considering inclusion of “space” as an area of competence in the EU treaties, in order to strengthen the position of Europe in space. While the Commission in this context has contemplated turning ESA into a “space agency of the EU,” a much more fruitful approach would be the other way around: for the EU to become a member of ESA. As argued, this solution would have a few interesting precedents, be relatively easy and quick to implement, and kill a number of birds with one stone.


Flying And Crashing On The Wings Of Fortuosity: The Case For Applying Admiralty Jurisdiction To Aviation Accidents Over Navigable Waters, Ladd Sanger, Vickie S. Brandt Jan 2003

Flying And Crashing On The Wings Of Fortuosity: The Case For Applying Admiralty Jurisdiction To Aviation Accidents Over Navigable Waters, Ladd Sanger, Vickie S. Brandt

Journal of Air Law and Commerce

No abstract provided.