Transportation Law Commons^™

Cruising Beyond Car Dealer Dominance, Piotr Tereszkiewicz

University of Michigan Journal of Law Reform

The automotive industry plays a pivotal role in both the American economy and American daily life. This means that the laws that govern the automotive industry and structure power dynamics between central players in the market also play a pivotal role in both the American economy and American daily life. One such area of law has room for improvement: laws governing the manufacturer-dealer relationship in car sales.

Although the law currently structures automotive industry power dynamics to the detriment of consumer welfare, it does not have to be this way. This Article proposes legal reforms aimed at improving consumer welfare …

Seamen, Railroad Employees, And Uber Drivers: Applying The Section 1 Exemption In The Federal Arbitration Ace To Rideshare Drivers, Conor Bradley

University of Michigan Journal of Law Reform

Section 1 of the Federal Arbitration Act (FAA or the Act) exempts “seamen, railroad employees, [and] any other class of workers engaged in foreign or interstate commerce” from arbitration. In 2019, the Supreme Court held in New Prime Inc. v. Oliveira that this provision exempted independent contractors as well as employees. This decision expanded the reach of the section 1 exemption and may affect the relationship between ridesharing companies, such as Uber, and their drivers. Previously, ridesharing companies argued that courts must enforce the arbitration clauses in their employment contracts because their workers were independent contractors and, therefore, section 1 …

Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble

University of Michigan Journal of Law Reform

This Note examines the constitutional and policy implications of sobriety checkpoints. Part I discusses the competing interests involved in implementing sobriety checkpoints. Part II presents an appropriate constitutional standard for judging sobriety checkpoints. Part III proposes reform-oriented measures that conform to constitutional guidelines. This Note concludes that properly conducted sobriety checkpoints are constitutional.

Regulatory Reform In The Intercity Bus Industry, Cornish F. Hitchcock

University of Michigan Journal of Law Reform

This Article will analyze the economic structure of the intercity bus industry and the type of service received by the public under the present regulatory scheme. It will then discuss what regulatory reforms could improve service, how these issues are addressed in the recent House-passed bill, and what further legislative reforms should be made.

Michigan Motor Vehicle Service And Repair Act Of 1974, A. Russell Localio

University of Michigan Journal of Law Reform

This note will analyze the Michigan Motor Vehicle Service and Repair Act, examining the differences between it and prior Michigan and federal legislation. The new legislation will be compared with similar statutes in other states. Finally, the possible drawbacks of repair shop and mechanic certification programs will be discussed, and suggestions for improvements will be made.

Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones

University of Michigan Journal of Law Reform

Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …

No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little

University of Michigan Journal of Law Reform

This article discusses certain aspects of reparations systems that can be described by statistical parameters, but it does not attempt to evaluate whether or not pervasive sociological changes may result from legal modifications of the concept of fault. It may be that any erosion of fault as a legal concept will result in a decline in individual responsibility. The fact that some members of the bar and some members of the medical profession allegedly regularly engage in conspiracies to defeat the $1,000 medical expense threshold of the Florida statute could be cited as evidence of such deterioration. Nevertheless, this writer …

Proposal For A Uniform Radar Speed Detection Act, Douglas M. Tisdale

University of Michigan Journal of Law Reform

This article traces the judicial treatment of radar, reviews statutory attempts to regulate radar usage, and proposes a uniform act as an effective and consistent approach to ensure the proper use of radar.

A Proposal To Prevent The Stranding Of Airline Passengers, Richard J. Gray

University of Michigan Journal of Law Reform

After surveying industry structure in terms of market conditions and actual practices, this article examines the failure of the air travel industry to provide bargained-for services to passengers. It compares the current regulatory pattern with alternative regulatory proposals and scrutinizes each to determine both the validity of the assumptions upon which they are based and the relative effectiveness of each in achieving desired consumer protection. The purpose of this detailed examination is to make possible the formulation of policy recommendations capable of serving as a basis for regulatory reform.

The Railroad Passenger Problem: American And British Experiences As Bases For A New Model, Vincent J. Tolve

University of Michigan Journal of Law Reform

This article examines the character of the rail passenger problem, identifies the American and British governments' responses and proposes a hybrid model of a rail passenger service organization based on several intrinsic characteristics of these existing systems. The article implies that the profit standard inadequately measures the success of a public utility, and suggests the adoption of an eclectic standard that measures enterprise success in terms of economic viability, response to public need, and quality of service rendered. The proposed model involves the rediscovery, application, and combination of two organizational concepts: the public corporation and the interstate compact.

Federal Aid Highway Routing Procedures: A Voice For All Parties, Michael F. Williams

University of Michigan Journal of Law Reform

This article examines the legal barriers which have been confronted in the courts by those challenging administratively determined highway routes and, in so doing, it traces these legal barriers to their sources within the routing structure itself. Against this backdrop, the article analyzes the Policy and Procedure Memorandum, indicating some of the problems which it will resolve and offering suggestions for those it will not resolve.

Compulsory No-Fault Medical Insurance For Automobile Owners, William L. Schlosser

University of Michigan Journal of Law Reform

The enactment of the Massachusetts compulsory no-fault insurance bill, and Senator Phillip Hart's recent introduction of national no-fault insurance legislation, indicate the serious consideration no-fault insurance is receiving as a method of reforming the existing auto accident compensation system. The current tort system of recovery of auto accident medical expenses is inefficient, and, in many cases, does not adequately compensate the injured parties. Compulsory no-fault insurance is well suited to remedy these deficiencies. Under a no-fault insurance plan, benefits would be paid without regard to the question of fault; consequently, every accident victim would receive compensation without first having to …

A Reappraisal Of Implied Consent And The Drinking Driver, Paul R. Dimond

University of Michigan Journal of Law Reform

This article examines how the law operates, the rights and duties of the state and of the individual, how problems of interpretation should be resolved and whether the present law most effectively balances state and individual interests. The article concludes with suggestions for reform of the law and a reconsideration of ways to control the drinking driver.