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Transportation Law Commons

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2013

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Institution
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Articles 1 - 30 of 34

Full-Text Articles in Transportation Law

Blurred Lines: State V. Griffin And The Resulting Uncertainty In North Carolina Courts Regarding The Constitutional Analysis Of Traffic Checkpoints, Michelle M. Weiner Oct 2013

Blurred Lines: State V. Griffin And The Resulting Uncertainty In North Carolina Courts Regarding The Constitutional Analysis Of Traffic Checkpoints, Michelle M. Weiner

North Carolina Central Law Review

No abstract provided.


Relationships Between Registration, Delivery And Transfer Of Ship Ownership, Guixin Chen Aug 2013

Relationships Between Registration, Delivery And Transfer Of Ship Ownership, Guixin Chen

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.


Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski Jul 2013

Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski

Seattle University Law Review

In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the Cudney court erred …


Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens Jul 2013

Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …


“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz May 2013

“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz

Seattle University Law Review

The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.


Regulation - The Balance Point , W. D. Brewer May 2013

Regulation - The Balance Point , W. D. Brewer

Pepperdine Law Review

No abstract provided.


Internal Revenue Code Section 4061(B), Manufacturers' Excise Tax On Parts And Accessories Of Motor Vehicles, Jerome L. Bleiweis May 2013

Internal Revenue Code Section 4061(B), Manufacturers' Excise Tax On Parts And Accessories Of Motor Vehicles, Jerome L. Bleiweis

Pepperdine Law Review

No abstract provided.


California Garageman's Liens: Procedural Due Process Restored, Len Carafa May 2013

California Garageman's Liens: Procedural Due Process Restored, Len Carafa

Pepperdine Law Review

No abstract provided.


Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell Apr 2013

Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie Apr 2013

Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie

Journal of the National Association of Administrative Law Judiciary

This case note will explore the U.S. Supreme Court's ruling in Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission. Part II will outline the historical background of the law at hand. Part III will lay out the essential facts of the case. Part IV will analyze and critique the majority and dissenting opinions. Part V will discuss the legal, administrative, and societal impact of the holding. Finally, Part VI will conclude the case note.


“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block Apr 2013

“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 Feb 2013

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 Feb 2013

Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Popular Media

No abstract provided.


Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson Feb 2013

Corporate Homicide: The Stark Realities Of Artificial Beings And Legal Fictions , Douglas S. Anderson

Pepperdine Law Review

In the aftermath of one of the most highly publicized trials in product liability annals-the celebrated Pinto case-the legal question raised by that litigation remains unresolved. Controversy continues as to whether a corporation should be convicted of homicide when it knowingly markets an unsafe product that results in death. Today the answer is a resounding "no", in light of state statutes defining homicide as the killing of one human being by another, difficulties in finding the requisite criminal intent; and the practical problems of placing a legal fiction behind bars. However, there are recent indications that these present obstacles to …


Punitive Damages And The Drunken Driver, William C. Cooper Feb 2013

Punitive Damages And The Drunken Driver, William C. Cooper

Pepperdine Law Review

A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard. Finally, there …


New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci Feb 2013

New York V. Belton: The Scope Of Warrantless Searches Extended, Glenn D. Forcucci

Pepperdine Law Review

The United States Supreme Court, in New York v. Belton, expanded the area in which a policeman may search after he has made a lawful custodial arrest. In so ruling, the Supreme Court dramatically departed from its previous holding in Chimel v. California. While Chimel limited the area of the search to the area "within the immediate control of the arrestee," Belton allowed a search outside of that established boundary, as the Supreme Court allowed the search to include the passenger compartment of an automobile which the arrestee had not occupied.


The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk Feb 2013

The Use Of Aviation Accident Reports By Civil Litigants: The Historical Development Of 49 U.S.C. Section 1441(E), Walter A. T. Welch Jr., John E. Faulk

Pepperdine Law Review

When aviation accidents occur, the National Transportation Safety Board conducts an investigation to determine the conditions, circumstances, and ultimately the probable cause of the accident. There is a federal statutory privilege which renders these reports, as well as testimony from the attending investigator, inadmissible as evidence in any suit or action arising from the accident. However, certain judicially created exceptions have arisen which permit portions of the report and certain investigator testimony to be admitted into evidence. The authors delineate and analyze these exceptions as they discuss the trend toward increased report and testimony admissibility. The authors conclude with a …


Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth Feb 2013

Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth

Pepperdine Law Review

No abstract provided.


United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton Feb 2013

United States V. Ross: Search And Seizure Made Simple, Donald L. Dalton

Pepperdine Law Review

The United States Supreme Court in United States v. Ross vastly simplified the process of searching closed containers found in an automobile during a lawful Carroll search yet, at the same time, placed in question the importance of the search warrant in the scheme of fourth amendment jurisprudence by equating the policeman's determination of probable cause with that of the magistrate.


Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth Feb 2013

Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth

Pepperdine Law Review

On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.


Air Bag Litigation: Plaintiffs, Start Your Engines, Frank Waters Jan 2013

Air Bag Litigation: Plaintiffs, Start Your Engines, Frank Waters

Pepperdine Law Review

No abstract provided.


Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt Jan 2013

Interpreting The Recently Enacted California Underinsurance Provisions Of The Uninsured Motorist Statute, Linda M. Schmidt

Pepperdine Law Review

No abstract provided.


Seeing Red: The Legal Backlash Against Red-Light Cameras In Florida, Nicole Kuncl Jan 2013

Seeing Red: The Legal Backlash Against Red-Light Cameras In Florida, Nicole Kuncl

Florida Law Review

This Note will examine Florida’s Mark Wandall Traffic Safety Act, which authorizes the use of traffic infraction detectors (red-light cameras) to enforce traffic laws. Florida, like many other states, currently finds itself in the midst of a heated debate over the use of redlight cameras to issue traffic citations. Strong arguments can be made both for and against this policy, but there are some who absolutely refuse to accept it, for both constitutional and practical reasons. If opponents hope to end all use of red-light cameras in the state, however, they will need to acknowledge that judicial opinion is overwhelmingly …


It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts , Michael G. Dawson Jan 2013

It Hertz To Be Number One: The Collision Damage Waiver Is Being Attacked On Multiple Fronts , Michael G. Dawson

Pepperdine Law Review

No abstract provided.


Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr. Jan 2013

Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.

Pepperdine Law Review

No abstract provided.


Litigate Or Innovate? Us Shipping In [The] 21st Century, Steve Overturf Jan 2013

Litigate Or Innovate? Us Shipping In [The] 21st Century, Steve Overturf

Sea Grant Law Fellow Publications

No abstract provided.


The Integrated Approach—Regulating Private Human Spaceflight As Space Activity, Aircraft Operation, And High-Risk Adventure Tourism, Frans G. Von Der Dunk Jan 2013

The Integrated Approach—Regulating Private Human Spaceflight As Space Activity, Aircraft Operation, And High-Risk Adventure Tourism, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

One of the overriding issues concerning private human spaceflight concerns how to properly regulate this specific new type of activity. Noting that in the discussion regarding regulation thereof usually the three distinct regimes of space law, air law and high-risk adventure tourism law are drawn upon to look for solutions, the present paper addresses the key elements of each of these approaches as they are to some extent already currently being applied and where, as a consequence, gaps and overlaps arise, as well as presents an effort to address the latter in a sensible, coherent, efficient and feasible manner.


Chapter 720: Throwback License Plates Give Old Cars New Flair, Anthony Schiavo Jan 2013

Chapter 720: Throwback License Plates Give Old Cars New Flair, Anthony Schiavo

McGeorge Law Review

No abstract provided.


Chapter 570: Paving The Way For Autonomous Vehicles, Danielle Lenth Jan 2013

Chapter 570: Paving The Way For Autonomous Vehicles, Danielle Lenth

McGeorge Law Review

No abstract provided.


Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper Jan 2013

Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper

UIC Law Review

No abstract provided.