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Articles 1 - 10 of 10
Full-Text Articles in Transportation Law
Regulating Robotaxis, Bryant Walker Smith, Matthew T. Wansley
Regulating Robotaxis, Bryant Walker Smith, Matthew T. Wansley
Articles
In several sunbelt cities, commercial robotaxi service has arrived. The leading robotaxi company is providing over 400,000 trips per week. The industry claims that robotaxis will save lives and provide convenient and affordable mobility. Critics counter that they will increase congestion, undermine transit, and subject the public to ubiquitous surveillance. We argue that the social impact of robotaxis depends on how they are regulated. We emphasize two points missing from the debate. First, some of the benefits of robotaxis may be political rather than technological—some longstanding public policy goals may become viable in a robotaxi world. Second, letting one private …
The Collision Course Between Outdated State Laws And Automated Vehicles, Wililam Hubbard, Colin Starger
The Collision Course Between Outdated State Laws And Automated Vehicles, Wililam Hubbard, Colin Starger
Cardozo Law Review
America stands at the precipice of a vehicular revolution. Myriads of self-driving vehicles—often referred to as “automated vehicles” or “AVs”—are already rolling out across the nation, and innovators assert that AVs will make our roads safer, less congested, and more economically productive. However, reaching these dreams of self-driving utopias will require more than just technological progress. The uses of traditional vehicles are heavily regulated by hundreds of thousands of state laws that ensure public safety, health, and order. Will these traditional laws still make sense when AVs shift the paradigm? Despite the hype and optimism of many AV advocates, this …
The Federal Maritime Commission’S New Framework For Ocean Carrier Accountability: Analysis Of The Mcs Industries And Oj Commerce Decisions, Heewan Noh, Jie Shi
The Federal Maritime Commission’S New Framework For Ocean Carrier Accountability: Analysis Of The Mcs Industries And Oj Commerce Decisions, Heewan Noh, Jie Shi
Cardozo Law Review de•novo
This article examines two 2024 Federal Maritime Commission (FMC or “Commission”) cases that significantly impact the interpretation of ocean carrier accountability under the Shipping Act of 1984: MCS Industries, Inc. v. COSCO Shipping Lines Co. Ltd. and OJ Commerce, LLC v. Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft A/S & Co. KG. This article argues that the FMC, whose mission is to “[e]nsure a competitive and reliable international ocean transportation supply system that supports the U.S. economy and protects the public from unfair and deceptive practices,” continues to make ongoing efforts to clarify and enforce protecting shippers’ rights. These efforts focus particularly on (i) …
Whither Affirmatively Furthering Fair Housing In New York? The Affh Mandate In An Era Of Land Use Reform, Timothy Gentles
Whither Affirmatively Furthering Fair Housing In New York? The Affh Mandate In An Era Of Land Use Reform, Timothy Gentles
Cardozo Law Review
New York is experiencing a severe housing affordability crisis. This crisis is driven by a housing supply shortfall decades in the making. The state’s housing shortage exacerbates economic, racial, and regional inequalities, and harms the economy by limiting growth. New York’s struggles with housing affordability reflect a national surge in housing costs since the pandemic that has disproportionally impacted communities of color. Yet, in many respects, the crisis in New York is worse than that in other states with comparably robust housing demand. The extent of New York’s housing affordability crisis has led to growing momentum behind legislative action in …
The Fair Housing Act: Enacted Despite The Mainstream Media, Neutered By The Federal Government's Unwillingness To Enforce It, Craig Flournoy
The Fair Housing Act: Enacted Despite The Mainstream Media, Neutered By The Federal Government's Unwillingness To Enforce It, Craig Flournoy
Cardozo Law Review
This Article examines the 1968 Fair Housing Act from two perspectives. The first Part discusses the urban riots of the mid-1960s; the failure of the white press to examine the connection between the riots and systemic social problems, particularly segregation; and the Kerner Commission's devastating indictment of mainstream media coverage of the riots, the Black ghetto, and African Americans. I argue the mainstream media's poor coverage of the problems caused by inner-city ghettos made it more difficult to win popular and political support for the Fair Housing Act. The second Part examines the creation of a separate and unequal system …
The "Foreign Agent Problem": An International Legal Solution To Domestic Restrictions On Non-Governmental Organizations, Jacqueline Van De Velde
The "Foreign Agent Problem": An International Legal Solution To Domestic Restrictions On Non-Governmental Organizations, Jacqueline Van De Velde
Cardozo Law Review
The United States' Foreign Agent Registration Act (FARA), has recently come into the spotlight due to its use in the ongoing Russian election interference investigation. But the United States 'foreign agent restriction is only one of many: while FARA was the first of its kind, it now exists among a multitude of such restrictions. Too, the U.S. foreign agent restriction is lenient, compared to the restrictions appearing in other countries- restrictions that now are crippling civil society and to which international law is ill-equipped to respond. This Article analyzes this sudden avalanche of 'foreign agent" legislation: restrictive domestic legislation that …
Some Thoughts On Judicial Review And Collaborative Governance, Michael Herz
Some Thoughts On Judicial Review And Collaborative Governance, Michael Herz
Articles
No abstract provided.
Mediation: The Common Sense Solution To Solving The Myriad Choice Of Law Issues In Complex Aviation Accident Cases, Michael J. Holland
Mediation: The Common Sense Solution To Solving The Myriad Choice Of Law Issues In Complex Aviation Accident Cases, Michael J. Holland
Cardozo Journal of Conflict Resolution
Six minutes after Swissair First Officer Stefan Loew advised Canadian air traffic control authorities that Swissair Flight 111 had declared an emergency, that electric power had been lost and that the crew was attempting to prepare the cabin for an emergency landing by using flashlights, Swissair Flight 111, an MD-11 aircraft, plunged into the Atlantic Ocean some nine miles off the coast of Peggy's Cove, Nova Scotia, resulting in the death of 215 passengers and 14 crewmembers abroad the ill-fated flight.
Carbon Dioxide And The Clean Air Act, Eric Schwartz
Carbon Dioxide And The Clean Air Act, Eric Schwartz
Cardozo Public Law, Policy & Ethics Journal
The EPA's authority to regulate CO2 under the Clean Air Act is supported by the statute's broad definition of "air pollutant" and judicial interpretations, including the Supreme Court's decision in Massachusetts v. EPA. The agency's initial reluctance to regulate CO2 was based on policy considerations, not legal limitations, and the Chevron doctrine requires courts to defer to the EPA's interpretation when Congress's intent is unclear. The ruling in Massachusetts v. EPA established that states have standing to challenge the EPA's failure to regulate CO2, emphasizing the importance of federal authority in addressing climate change. This decision has significant implications …
Privatization And Economic Rights In Central Europe, Robert Jystad
Privatization And Economic Rights In Central Europe, Robert Jystad
Cardozo Journal of International and Comparative Law
The article advocates for the reevaluation and adaptation of economic rights in the context of Eastern Europe's transition from communism to market economies, particularly focusing on the challenges posed by privatization. It critiques the U.N.'s approach to full employment as overly idealistic and proposes a Rawlsian principle of fairness, emphasizing equality of opportunity and nondiscrimination, to guide economic reforms. The analysis examines legislative responses in Poland, Hungary, and the Czech and Slovak Federal Republic (CSFR), highlighting the tension between economic reform and social protections. The article concludes that the success of these transitions depends on addressing unfair asset distribution and …