Transportation Law Commons^™

Infrastructure Finance For The Public Good: How Asset Recycling Can Untangle The New York Mta's $50 Billion Debt Load, Lev E. Breydo

Faculty Publications

Systematic infrastructure underinvestment - a $2.6 trillion 'gap' - and accelerating climate change have become facts of life in the United States. Though typically attributed to politics, this Article posits the circumstances as a market disequilibrium rooted in an interplay between unique dimensions of infrastructure and distinctive features of the U.S. approach. Recently-passed legislation, including the Infrastructure Investment and Jobs Act, is insufficient to overcome these longstanding challenges.

Based on a broad, global study of effective approaches to infrastructure finance, as well as a multi-disciplinary analysis of the economics, engineering and finance literature, this Article proposes addressing the U.S. infrastructure …

Striving For Resilience In Virginia's Transportation Sector, Elizabeth H. Davis, Jacob Haddad, Bryce Ballard

Virginia Coastal Policy Center

To help address the need for increased resiliency in the Commonwealth’s transportation sector, and in furtherance of the goals set forth in the VDOT [Virginia Department of Transportation] Resilience Plan, this white paper highlights green infrastructure and natural and nature-based features as ways to increase resilience for transportation infrastructure and mitigating impacts from climate change. Additionally, this paper describes potential methods of incorporating resilient best practices with respect to Virginia’s transportation infrastructure and planning decisions.

This abstract has been taken from the paper's Section I, Background.

Solving The First Mile/ Last Mile Problem: Electric Scooter And Dockless Bicycles Are Positioned To Provide Relief To Commuters Struggling With A Daily Commute, Kelly Grosshuesch

William & Mary Environmental Law and Policy Review

Commuters in cities across the United States struggle to find ease in their daily commute. Public transportation no longer provides residents with an adequate and reliable source of transportation.1 For many commuters, getting to and from nodes of public transportation is difficult and a deterrent from using public or shared transportation instead of driving.2 This, therefore, increases vehicle congestion and car emissions in cities. While multiple new technologies and innovations have emerged to attempt to help commuters with the trip to and from public transportation, most have fallen short.3 But two new innovations that have gained major popularity among consumers, …

Distracted Guardians Yield Deadly Results: When Memory Fails, Additional Regulations Can Protect Childen And Animals From Vehicular Heat-Stroke, Shannon Murphy

William & Mary Environmental Law and Policy Review

When the sun is shining bright on a scorching ninety-degree summer day, it takes less than an hour for tragedy to strike, even in the shade. Within less than sixty minutes, the temperature inside a closed vehicle will rise rapidly from the outdoor ninety-degree mark to upwards of more than one hundred and thirty degrees. As this temperature spike takes effect, any animal or child left in a vehicle will only have about fifteen minutes before being exposed to potentially deadly conditions.

While most of us think we are incapable of accidentally leaving our beloved child or companion in the …

Compensation At The Crossroads: Autonomous Vehicles & Alternative Victim Compensation Schemes, Tracy Hresko Pearl

William & Mary Law Review

Fully autonomous vehicles will become available to consumers within the next five to seven years. Experts predict that these vehicles will be drastically safer than their human-driven counterparts and will save thousands of lives each year in the United States alone. However, crashes will still occur, and when they do, they will raise unique and troubling issues about liability and fault that both negligence and products liability jurisprudence are not yet wellsuited to handle.

Whether the civil justice system can adjudicate autonomous vehicle crash cases fairly and efficiently impacts (a) whether manufacturers can afford to produce these vehicles or whether …

The Road To The Future: A Regulatory Regime For The Rise Of The Robot Cars, Daniel Spencer

William & Mary Environmental Law and Policy Review

No abstract provided.

Electric Vehicles: Rolling Over Barriers And Merging With Regulation, Mark Detsky, Gabriella Stockmayer

William & Mary Environmental Law and Policy Review

Electric vehicles are merging into the mainstream of transportation. Although the technology still comprises a small fraction of the current market, it ismorewidely available due to competitivepricing, technological improvements, and available state and federal incentives. The benefits of electric vehicles include reduced fossil fuel emissions and associated climate change mitigation, new independence from oil-driven policies in foreignmarkets and international relations, and potential opportunities for increasing and complementing renewable energy electric resources. The risks of widespread electric vehicle deployment are largely thought to involve potential impacts on existingutility generation,distribution, and transmission systems and how the costs of any needed changes to …

Google Glass While Driving, Adam M. Gershowitz

Faculty Publications

Is it legal to use Google Glass while driving? Most states ban texting while driving and a large number also forbid drivers from being able to see television and video screens. But do these statutes apply to Google Glass? Google advises users to check their states’ law and to “[r]ead up and follow the law!” Yet, laws designed for a tangible world are very difficult to apply to virtual screens projected by futuristic wearable technology. In short order, however, police and prosecutors across the country will be called upon to apply outdated distracted driving laws to Google Glass.

This article …

Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard

William & Mary Environmental Law and Policy Review

Sea level rise, extreme weather events, and other problems caused or exacerbated by a changing climate present the most serious long-term threats to transportation worldwide. Recent disasters have carried a hefty price tag, and forecasts call for more frequent and more costly damage to infrastructure and disruptions of services that are central to trade, jobs, food access, national security, health, and personal mobility. It is essential to reduce greenhouse gas pollution to lessen future damage to transportation; however, even if emissions are cut drastically at this point, the impacts of a changing climate will continue for decades. As a result, …

Don’T Text A Driver: Civil Liability Of Remote Third-Party Texters After Kubert V. Best, Emily K. Strider

William & Mary Law Review

No abstract provided.

“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block

Virginia Coastal Policy Center

No abstract provided.

Why States Should Ban Adolescent Driving (Cont'd), Vivian E. Hamilton

Popular Media

No abstract provided.

Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Popular Media

No abstract provided.

Getting Hazmat Transportation Back On Track: The Need For Hazmat Liability Reform For Rail Carriers, Zachary T. Abel

William & Mary Environmental Law and Policy Review

No abstract provided.

The Pirates Of Somalia: Opportunistic Predators Or Environmental Prey?, Ranee Kooshie Lal Panjabi

William & Mary Environmental Law and Policy Review

No abstract provided.

Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya H. Rosenberg

William & Mary Environmental Law and Policy Review

This Article examines an undeveloped legal topic at the intersection of tax law and real property law: charitable deductions from income tax liability for donations of railroad corridors that are to be converted into recreational trails. The very popular rails-to-trails program assists in the conversion of abandoned railroad corridors into hiking and biking trails. However, the legal questions surrounding the property rights of these corridors have been complex and highly litigated. In 1983, Congress amended the National Trails System Act to provide a mechanism for facilitating these conversions, a process called railbanking. In essence, a railroad transfers its real property …

Plan Puebla Panama: An Economic Tool That Thwarts Sustainable Development And Facilitates Terrorism, Paulette L. Stenzel

William & Mary Environmental Law and Policy Review

No abstract provided.

Why Veetc Is Not Enough: Protecting The National Highway Transportation Infrastructure, Stephen Mcdonald

William & Mary Environmental Law and Policy Review

No abstract provided.

Tea-21: Paving Over Efforts To Stem Urban Sprawl And Reduce America's Dependence On The Automobile, Liam A. Mccann

William & Mary Environmental Law and Policy Review

No abstract provided.

Capitalizing And Depreciating Cyclical Aircraft Maintenance Costs: More-Trouble-Than-It's-Worth?, John W. Lee, Glenn Walberg, Darryl Whitesell

Faculty Publications

No abstract provided.

Harmonization Of Automobile Emission Standards Under International Trade Agreements: Lessons From The European Union Applied To The Wto And The Nafta, William F. Dietrich

William & Mary Environmental Law and Policy Review

No abstract provided.

Analysis Of The 1990 Clean Air Act's Employee Commute Options Program - A Trip Down The Right Road, Leanne Cusumano

William & Mary Environmental Law and Policy Review

No abstract provided.

Not Fit For Sea Duty: The Posse Comitatus Act, The United States Navy, And Federal Law Enforcement At Sea, Christopher A. Abel

William & Mary Law Review

No abstract provided.

The Roads Through Our Ruins: Archaeology And Section 4(F) Of The Department Of Transportation Act, Stanley B. Olesh

William & Mary Law Review

No abstract provided.

The American Maritime Law Of Fire Damage To Cargo: An Auto-Da-Fe For A Few Heresies, Walter L. Williams Jr.

William & Mary Law Review

No abstract provided.

Preface, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

English Carriers' Common-Law Right To Reject Undeclared Cargo: The Myth Of The Closed-Container Conundrum, John R. Pagan

William & Mary Law Review

No abstract provided.

The Public Counsel Concept In Practice: The Regional Rail Reorganization Act Of 1973, Theodore S. Bloch, Robert J. Stein

William & Mary Law Review

No abstract provided.

Environmental Benefits Of Reducing Excess Air Transport Capacity, Scott C. Whitney

Faculty Publications

No abstract provided.

The Federal-Aid Highway Construction Process: Procedures, Cases, And Plaintiff Strategies, Ronald H. Rosenberg, Allen H. Olson

Faculty Publications

No abstract provided.