Air and Space Law Commons^™

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Will Harmful Interference Bring Gps Down?, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

Book Review: Introduction To Aviation Law By Timothy M. Ravich, Paul S. Dempsey

Journal of Air Law and Commerce

No abstract provided.

Turbulence Ahead: Why The First Domestic Aircraft Carbon Emissions Regulations Are A Danger To Climate Protection, Taylor Williams

Journal of Air Law and Commerce

Reducing emission levels from transportation is one of the most vital steps in combating climate change, but domestic aircraft were not subject to this kind of regulation until recently. In July 2020, the Environmental Protection Agency (EPA) proposed the first carbon emission standards for airplanes. While this regulatory move appears to be progress for protecting the environment, it locked in current emissions levels for years to come. The overwhelming majority of aircraft models are already 6% more efficient than the new standard requires them to be. The rule highlights the tension between industry considerations and environmental justice.

This Comment seeks …

Tribute To Charles Alford Tarpley, Don G. Rushing

Journal of Air Law and Commerce

No abstract provided.

Hello Don, This Is Charles, Donald R. Andersen

Journal of Air Law and Commerce

No abstract provided.

A Tribute To Charles A. Tarpley: Mentor, Friend, Aviator, Lawyer, And Gentle Man, James D. Struble

Journal of Air Law and Commerce

No abstract provided.

Profit Or Safety: Where Is Outer Space Headed?, Paul B. Larsen

Journal of Air Law and Commerce

The space powers (the U.S., the European Space Agency (ESA), China, and Russia) are now preparing national space traffic regimes with insufficient regard for the Outer Space Treaty’s (OST) agreed “Principles Governing the Activities of States in Exploration and Use of Outer Space.” The rapidly growing traffic of satellites, resulting in space debris, and the scarcity of radio frequencies and related orbits create obvious dangerous situations. States, including the U.S., agreed in the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) on twenty-one Guidelines for Long-Term Sustainability of Space, some of which relate to space traffic management …

Using The Artemis Accords To Build Customary International Law: A Vision For A U.S.-Centric Good Governance Regime In Outer Space, Walker A. Smith

Journal of Air Law and Commerce

International space law is a relatively undeveloped field primarily occupied by the 1967 Outer Space Treaty (Treaty). This Treaty, while long on general principles, is short on details. With the United States’ recent push to return to the Moon by 2024 and send humans to Mars as soon as practicable after that, the time has come to fill in the gaps of the Outer Space Treaty out of necessity. The U.S. seeks to do this through the Artemis Accords (the Accords).

This Comment argues that the U.S. should use the Accords to develop a U.S.-centric legal and good governance regime …

“A Defendant’S Paradise”: Failings Of The Brooke Group Test In The Airline And E-Commerce Industries, Kaitlyn Thorson

Journal of Air Law and Commerce

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Digital Disruption Solution For Airlines In Brazil, Camila Bisinoto Borges, Cristiane Lunardi Das Neves Rodrigues, Daniel Dias Landroni, Tatiane Mendonça, Leila Halawi

Publications

Since March 2017, the cost of denied boarding began to draw all Brazilian airlines' attention because of the Resolution 400 of the Brazilian National Civil Aviation Agency. This Resolution covers several items, but we will focus on the penalty that the airlines need to pay for each passenger who had his boarding denied involuntarily in domestic flights. Our goal is to create a plugin that any airline could use in their self-service check-in channels and direct communication with the passenger. It could also become a way to offer proactive accommodation options and monetary compensations due to itinerary or ticket schedule …

Independent Filmmaking In The Final Frontier: Intellectual Property Issues With Making Independent Films In Space, Jesse Green

Cybaris®

No abstract provided.

Avoiding Flights Of Fancy: Determining Venue For Crimes Committed During Commercial Flights, Allyson Shumaker

Oklahoma Law Review

No abstract provided.

Who Owns The Skies? Ad Coelum, Property Rights, And State Sovereignty, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

In light of the history of the doctrine of ad coelum, as well as the states’ preeminent role (secured by the Tenth Amendment) in regulating property and airspace up to the 500-foot level, it is remarkable that the federal government has begun to claim that it controls everything above the blades of grass. This chapter challenges those statements, demonstrating that history and law establish that property owners, and the states, control the airspace adjacent to the land.

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. Space Law versus the Law of Armed Conflict ... A. The Essentials of Space Law … B. Space Law and the Threat or Use of Force in Outer Space … C. The Essentials of the Law of Armed Conflict ... D. The Law of Armed Conflict and the Threat or Use of Force in Outer Space

III. Conflicts of Application: A Few Key Examples ... A. Unraveling the Prioritization Issue: The Lex Specialis and Lex Posterior Principles ... B. Unraveling the Prioritization Issue: The U.N. Charter and Treaty Interpretation ... C. Unraveling the Prioritization Issue: Pacta Sunt …

Satellite Communications Law: The Nexus Of Space And Telecom Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Given the complexity of satellite communications as a global business sector involving many private as well as public operators, many national and international regulators and a constantly evolving suite of services offered to an ever-increasing number of users and consumers, it should not come as a surprise that the legal environment—the sets of rules, rights, and obligations applicable to anyone operating in the field—is highly complex as well. This is already true even if merely focusing at the international level, where the myriad domestic regimes play varying roles—largely neglected in this particular article—in implementing, interpreting, refining, enforcing, or even changing …

Rethinking Cyberspace Operations: Widespread Electromagnetic Jamming By States Indicates Cyber Interference Is Not A Use Of Force, Vincent L. Defabo

Journal of Air Law and Commerce

Determining if a cyberspace operation by a State actor is an act of war (i.e., use of force under the U.N. Charter) has led to a misguided approach. In 2012, twenty legal experts that published the Tallinn Manual got it wrong. By utilizing the “effects-based approach” they attempted to equate the effects a cyber operation causes to that of a missile to determine if a use of force has occurred. While their underlying premise, that existing international law should be applied to cyber operations, was sound, the analytical approach is flawed.

This paper explores how the analytical model used by …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

International Aviation Law And Pandemic, Timothy Ravich

Journal of Air Law and Commerce

Commercial airplanes are vectors of infectious disease, advancing, if not sparking, global epidemics and potentially pandemics by exporting pathogens from endemic areas of the world to non-endemic places. For example, according to the global scientific community, the Zika virus was introduced to the Americas by air travel. Researchers also believe that infected mosquitos on international flights contributed to the worldwide spread of malaria, Middle East Respiratory Syndrome, and the West Nile virus. Most recently, governmental authorities worldwide, in addition to issuing national or local shelter-in-place orders, closed their borders and grounded nearly all international air travel on account of the …

Keeping Watch From Liftoff To Landing: A Call For Increased Public Education On The Intersection Of Human Trafficking And Commercial Air Travel, Gretchen Mahoney

Journal of Air Law and Commerce

Over the past two decades, multilateral organizations and the U.S. government have fought tirelessly to eradicate human trafficking. Drafting and passing protocols, resolutions, and statutes, these entities attempted to gain the upper hand by collecting and sharing data, bolstering victim services, and training agency officials, law enforcement officers, prosecutors, and judges on the hallmarks of trafficking circumstances. While these efforts delivered results and are cause for celebration, data shows that human trafficking remains deeply established and operative across the world even with these thorough steps.

A crucial venue for exposing and disrupting trafficking operations is the transportation industry. Traffickers exploit …

“No Waif In The Wilderness”: Contractual Doctrine And The “Self” Versus “State” Imposed Obligation, Tory A. Weigand

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Programmed To Protect And Serve: The Dawn Of Drones And Robots In Law Enforcement, Nanci K. Carr

Journal of Air Law and Commerce

No longer does the field of law enforcement rely solely on human cognition and capability as drones have become first responders, responding to emergency calls with a drone rather than a human officer. Drone technology can transform police work, just as it has package delivery and military strategy. These drone officers allow for higher law enforcement efficiency, safer communities, and even saved lives. However, they also raise civil liberty concerns given that the drones have the power to track vehicles and people without consent, and they can collect and store video records of everyday life, reducing expectations of privacy. This …

A Heartfelt Remembrance Of Charles Tarpley, C. Paul Rogers Iii

Journal of Air Law and Commerce

No abstract provided.

Tribute To Charles A. Tarpley, Kathlynn Fadely Lear

Journal of Air Law and Commerce

No abstract provided.

Tribute To Charles Tarpley, Jonathan M. Hoffman

Journal of Air Law and Commerce

No abstract provided.

A Further History Of The Smu Air Law Symposium, Don G. Rushing

Journal of Air Law and Commerce

No abstract provided.

A Primer On Opposing Construction Of Wind Farms Near Public-Use Airports, Alan Armstrong

Journal of Air Law and Commerce

We are witnessing an explosion in the construction of wind turbine generators, cell phone towers, and television/radio broadcast towers around the United States. The statutes, rules, regulations, and police guidance addressing when and where such structures can be erected near public-use airports are complex and intricate. The Federal Aviation Administration (FAA) focuses more on subjective than objective criteria in assessing whether an obstruction to air navigation is a hazard to air navigation.

To the extent the FAA conducts studies to determine whether an obstruction is a hazard, the courts are not uniform in assessing the effects of FAA studies. In …

Delivery Drones: Inapt For Application Of Current Negligence Theory, Hyewon Hannah Choi

Journal of Air Law and Commerce

No abstract provided.