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Full-Text Articles in Transportation Law
Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman
Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman
Texas A&M Law Review
This Note analyzes a 2022 Fifth Circuit opinion concerning two issues: first, whether local delivery drivers are engaged in interstate commerce, and second, who decides challenges to arbitrability. In Lopez v. Cintas Corporation, the Fifth Circuit first held that local delivery drivers are not engaged in interstate commerce because they do not play a direct and necessary role in interstate commerce. Second, the court held that the arbitrator decides challenges to the validity of arbitrability when the challenge could also, if successful, attack the validity of the entire contract. The Fifth Circuit used incorrect reasoning, overemphasizing the crossing of …
Are Uber And Transportation Network Companies The Future Of Transportation (Law) And Employment (Law)?, Miriam A. Cherry
Are Uber And Transportation Network Companies The Future Of Transportation (Law) And Employment (Law)?, Miriam A. Cherry
Texas A&M Law Review
This Article largely eschews easy or reflexive judgments about Uber or other TNCs. In this piece, the Author asks two questions about the economic, social, technical, and political aspects of TNCs and their interactions with the law. First, are Uber and TNCs the future of transportation (and transportation law)? And second, are Uber and TNCs the future of employment (and employment law)? In a common-law system, reasoning from precedent is always a form of prediction. As Oliver Wendell Holmes stated, “[t]he prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the …
Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau
Where We're Going, We'll Need Roads! Building The Bridge To The Future: Public-Private Partnerships For Future Border Infrastructure Development, Jessica R. Lesnau
Texas A&M Law Review
In a world where global economies are increasingly interdependent, the United States, and its North American counterparts, Canada and Mexico, are booming sources of international trade. Now, more than ever, global competitiveness necessitates developments in U.S. infrastructure, especially at major border crossings where congestion and poor infrastructure create bottlenecks interfering with the free movement of goods. Questions pertaining to international border crossings circle the debate at the most crucial international border crossing in North America: the Ambassador Bridge, which spans the Detroit River between Detroit, Michigan, and Windsor, Ontario. A legal battle rages over the proposed construction of a new …
The Trolley And The Pinto: Cost-Benefit Analysis In Automated Driving And Other Cyber-Physical Systems, Bryant Walker Smith
The Trolley And The Pinto: Cost-Benefit Analysis In Automated Driving And Other Cyber-Physical Systems, Bryant Walker Smith
Texas A&M Law Review
Automated driving has attracted substantial public and scholarly attention. This brief Article describes how that attention has brought new fame to a classic philosophical thought experiment (the “trolley problem”), critiques how this thought experiment has been applied in that context, proposes a more practical extension of that experiment based on risk rather than harm, notes that this extension may still involve programming value judgments, argues with reference to the Ford Pinto debacle that these judgments could inflame juries or the public at large, and emphasizes the need for appropriately focused public discussion of these issues. The Article may be especially …