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Transportation Law Commons

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2006

Discipline
Institution
Keyword
Publication
Publication Type

Articles 1 - 13 of 13

Full-Text Articles in Transportation Law

Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert Dec 2006

Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert

BYU Law Review

No abstract provided.


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Airline Liability For Loss, Damage Or Delay Of Passenger Baggage, M. R. Franks Oct 2006

Airline Liability For Loss, Damage Or Delay Of Passenger Baggage, M. R. Franks

ExpressO

The article discusses remedies and methods of enforcing airline liability for loss, damage or delay of passenger baggage. The article includes a discussion of the law as it relates both to domestic flights and to international flights where passenger luggage is lost, damaged or delayed. The article includes a discussion of the Warsaw Convention as it relates to international flights and of the Federal Aviation Regulations applicable in the case of domestic flights.


Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon Sep 2006

Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon

ExpressO

The maritime transport of nuclear materials has created a conflict between two international law regimes: the United Nations International Law of the Sea, and the developing customary law of the 'precautionary principle' in international environmental law. This conflict became apparent in recent years when several coastal states denied passage to ships transporting nuclear materials arguing the shipments posed an environmental threat. This conflict has raised an issue which is currently unresolved: Do coastal states have a right to prohibit innocent passage to ships carrying nuclear materials if these ships fail to fulfill the requirements of the precautionary principle? This review …


Carbon Dioxide And The Clean Air Act, Eric Schwartz Aug 2006

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 …


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Plan Puebla Panama: An Economic Tool That Thwarts Sustainable Development And Facilitates Terrorism, Paulette L. Stenzel Apr 2006

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 Apr 2006

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

William & Mary Environmental Law and Policy Review

No abstract provided.


Plane Harassment: The Transportation Security Administration's Indifference To The Constitution In Administering The Government's Watch Lists, Yousri Omar Mar 2006

Plane Harassment: The Transportation Security Administration's Indifference To The Constitution In Administering The Government's Watch Lists, Yousri Omar

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Toxic Trains: Chemical Transportation Regulation, Terrorism, And The U.S Capitol, Chris Mcchesney Jan 2006

Toxic Trains: Chemical Transportation Regulation, Terrorism, And The U.S Capitol, Chris Mcchesney

Sustainable Development Law & Policy

No abstract provided.


Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham Jan 2006

Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham

UIC Law Review

No abstract provided.


Boilerplate And Economic Power In Auto Manufacturing Contracts, Omri Ben-Shahar, James J. White Jan 2006

Boilerplate And Economic Power In Auto Manufacturing Contracts, Omri Ben-Shahar, James J. White

Articles

This Article is structured as follows. Part I compares the terms and conditions in the purchase orders of the Original Equipment Manufacturers (OEMs) and highlights important differences in the substance of these boilerplate provisions. It argues that these differences cannot be easily reconciled with the prediction that sophisticated parties draft the most efficient boilerplate terms. Part II examines how these forms are drafted, how their terms are negotiated, and how the OEMs guard their terms from erosion. It provides some insight on how tailoring occurs and how the internal organization of a party to a deal affects the terms that …


The Cherry Valley Case: How Wrong Can Economists Be About Salvage?, Michael B.W. Sinclair Jan 2006

The Cherry Valley Case: How Wrong Can Economists Be About Salvage?, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.