Transportation Law Commons^™

Reverse Presumptions: Guillen V. Pierce County Disregards Reasonable Constitutional Interpretations Of 23 U.S.C. § 409, Megan Walseth

Washington Law Review

To prove that dangerous roadways caused their traffic accidents, plaintiffs often seek discovery of highway information from state and local governments. Title 23 U.S.C. § 409 bars discovery of some of that information; it creates an evidentiary privilege for materials and data collected for certain federal highway safety funding programs. For example, state and local governments receiving funds through the federal hazard elimination program codified at 23 U.S.C. § 152 must maintain an engineering survey of all state public roads. Section 409, in turn, makes certain data and materials compiled or collected for § 152 exempt from discovery and inadmissible …

United States V. Drayton: Supreme Court Upholds Standards For Police Conduct During Bus Searches, Andera K. Mitchell

American University Law Review

No abstract provided.

Rational Profiling In America's Airports, R. Spencer Macdonald

Brigham Young University Journal of Public Law

No abstract provided.

Smart Growth And Sustainable Transportation: Can We Get There From Here?, Oliver A. Pollard, Iii

Fordham Urban Law Journal

This article focuses on the development of smart growth, which includes sustainable transportation policies and more efficient uses of land. Smart growth was developed to combat some of the negative consequences of transportation and land use laws developed in the past fifty years which created dependence on motor vehicles. The article examines these policies and their inconsistency with smart growth, considers steps to be taken toward a more efficient transportation system and the difficulties in invoking these changes, and uses Atlanta as a case study in the opportunities and challenges for smart growth and sustainable transportation policies.

State Of Maine Bicycle Crash History 1996 - 2000, Maine Department Of Transportation

Maine Collection

State of Maine Bicycle Crash History 1996 - 2000

Prepared by: Maine Department of Transportation, Bureau of Maintenance and Operations, Accident Records Section, 16 State House Station, Augusta, Maine 04333 (circa 2002)

Contents: Preface / Bicycle Crash Tables and Charts 1996 - 2000 / Detailed Statewide Bicycle Accident Summaries / Appendix

The New Fourth Amendment Vehicle Doctrine: Stop And Search Any Car At Any Time, David A. Moran

Villanova Law Review (1956 - )

No abstract provided.

Reach Out And Touch Someone: Cellular Phones Health, Safety And Reasonable Regulation, Lana Mobydeen

Journal of Law and Health

In a nine-part discussion, this note addresses issues concerning the health and safety risks associated with the use of cellular phones, which will also include a section that focuses on the advantages of using cellular phones. It is essential to maintain cellular phones and their utility in our lifestyle for personal safety and security. Health and safety problems with cellular phones must be addressed by the least restrictive regulation possible in order to ensure the continued use and the many benefits that the cellular phone industry presents to our society.

Driving In Massachusetts: When To Stop And Who Should Decide?, Nina M. Silverstein, Jenai Murtha

Gerontology Institute Publications

The purpose of this exploratory research was to assess three stakeholders’ perceptions of the locus of responsibility for driving cessation and identify the criteria that should be included in that decision. The stakeholder groups studied were law enforcement officers, physicians, and the general public age 50 years and older. Defining areas of agreement and disagreement across stakeholders will be valuable for informing policy makers who may be considering statewide or national initiatives. Findings will also be useful for public information and training.

Infrastructure For Commerce, Michael B. Likosky

Northwestern Journal of International Law & Business

While the government presents the MSC as the embodiment of the future, structurally it bears remarkable resemblance to the colonial legal orders. The enclave nature of the MSC is reminiscent of the colonial dual legal orders. At the same time, the international legal and economic orders have undergone profound changes. The international legal order is now premised on sovereign absolutism and equality among nation-states. The reigning economic paradigm is high technology rather than manufacturing or the spice trade. Discussion of the continuities and discontinuities between colonial and present day transnational legal orders must thus attend to a number of variables. …

Flying The Overly Friendly Skies: Expanding The Definition Of An Accident Under The Warsaw Convention To Include Co-Passenger Sexual Assaults, Davis L. Wright

Villanova Law Review (1956 - )

No abstract provided.

The Road From Welfare To Work: Informal Transportation And The Urban Poor, Nicole Stelle Garnett

Journal Articles

Individuals struggling to move from welfare to work face numerous obstacles. This Article addresses one of those obstacles: lack of transportation. Without reliable transportation, many welfare recipients are unable to find and maintain jobs located out of the reach of traditional forms of public transportation. Professor Garnett argues that lawmakers should remove restrictions on informal van or jitney services, allowing entrepreneurs to provide low-cost transportation to their communities. This reform would not only help people get to work, but it could also provide jobs for low-income people.

Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel

Northwestern Journal of International Law & Business

The objective of this article is to show the background of the airline liberalization process in the E.U. and to evaluate its economic effects in context of the global aviation market. To understand the pressures for change and the forms that the changes are taking, it is first necessary to ap-preciate why market regulation was thought important and how the U.S. de-regulated its airline industry. Therefore, Section II of this paper will analyze the different market structures in the U.S. and the E.U. In Section III, the discussion will continue with a consideration of the effects of U.S. airline deregulation. …

Stopping A Moving Target, Sherry F. Colb

Cornell Law Faculty Publications

No abstract provided.

Preserving Transportation Corridors For The Future: Another Look At Railroad Deeds In Washington State, Gregg H. Hirakawa

Seattle University Law Review

This Comment will analyze the recent approach the Washington court has incorporated in settling trail development disputes across the State. In particular, the Comment will examine the court's use of common law deed interpretation principles in upholding property rights while preserving valuable public transportation corridors. Furthermore, the Comment will show how the Washington court's recent approach in interpreting railroad deeds has made recreational trail construction more appropriately a legislative matter, rather than a legal one. Section I of the Comment will begin with an historical overview of railroads in the United States, background on the public "Rails-to-Trails" movement, and an …

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Jacob Strahilevitz

Indiana Law Journal

No abstract provided.

Whipped By Whiplash? The Challenges Of Jury Communication In Lawsuits Involving Connective Tissue Injury, Valerie P. Hans, Nicole Vadino

Cornell Law Faculty Publications

No abstract provided.

Final Envrionmental Impact Statement: Iron Point Exploration License -- Iron Point Coal Lease Tract -- Elk Creek Coal Lease Tract, Volume 1, United States Department Of Agriculture -- Forest Service, United States Departement Of The Interior -- Bureau Of Land Management

Environmental Assessments (CO)

The Final Environmental Impact Statement (EIS) describes the physical, biological, social, and economic resources that would be potentially affected by leasing of the Iron Point and Elk Creek Coal Lease tracts as well as issuing an exploration license for an area within and surrounding the Iron Point Coal Lease Tract. The federal decisions to be made involve the approval or disapproval of coal leasing (the Iron Point and Elk Creek tracts) and of an exploration license. Some of the key issues for these proposed actions include: the potential effects of transporting over 19 million tons of coal per year from …

Taxi And Limousines: The Last Bastion Of Economic Regulation, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

The study herein is divided into the following sections: Part II reviews the history of regulation and deregulation of the transportation industry in the United States and focuses on common denominators which the limousine industry shares with other sectors of the transportation industry, such as airlines, trucking, railroads, and taxicabs; Part II analyzes the history of economic regulation on the limousine industry and evaluates its competitive characteristics; Part IV collects the available data about the limousine industry and creates an economic model which can be used to plot the effects of regulation; Part V analyzes the various rationales which have …

The Products Liability Restatement In The Courts: An Initial Assessment, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Tea-21: Paving Over Efforts To Stem Urban Sprawl And Reduce America's Dependence On The Automobile, Liam A. Mccann

William & Mary Environmental Law and Policy Review

No abstract provided.

The Impacts Of Using A Safety Compliance Standard In Highway Design, Paul J. Ossenbruggen

RISK: Health, Safety & Environment (1990-2002)

Dr. Ossenbruggen introduces an algorithmic method to objectively test and evaluate safety in the highway design process.

Why Arkansas Should Overturn Its Anti-Stacking Precedent: A Look At Aggregating Uninsured And Underinsured Motorist Coverage, Neil Chamberlin, J. Stephen Holt

University of Arkansas at Little Rock Law Review

No abstract provided.

Network Industries, Third Party Access And Competition Law In The European Union, Carlos Lapuerta, Boaz Moselle

Northwestern Journal of International Law & Business

This article addresses a set of issues that arise in the context of market liberalization for a special and important class of industries, the so-called "network industries," which include electricity, natural gas, rail transportation and telecommunications. Each of these industries combines activities that are potentially competitive, such as generation of electricity, with ones that are naturally monopolistic, such as transmission of electricity. This combination produces a unique set of challenges to competition law and policy in designing a market structure and regulatory framework which maximize the benefits of liberalization while effectively controlling any tendencies to monopolistic abuse. We analyze "Chicago …

None For The Road: Addressing The Problem Of Uninsured Vehicles And Drivers In Arkansas, Phillip D. Oliver

University of Arkansas at Little Rock Law Review

No abstract provided.

Death By Automobile As First Degree Murder Utilizing The Felony Murder Rule, Greg Bailey

West Virginia Law Review

No abstract provided.

Long-Range Highway Corridor Preservation: Issues, Methods And Model Legislation, David A. Thomas, Robert S. Payne

Brigham Young University Journal of Public Law

No abstract provided.

Disability And Income Loss Benefits Under The Minnesota No-Fault Act, Michael K. Steenson

Faculty Scholarship

The Minnesota No-Fault Automobile Insurance Act was intended to ensure the “prompt payment of specific basic economic loss benefits to victims of automobile accidents without regard to whose fault caused the accident,” to prevent overcompensation of less seriously injured people by the interposition of tort thresholds, and to encourage appropriate medical and rehabilitation treatment by assuring prompt payment for that treatment. It seems clear that at least some of the initial promise of the Act has not been fulfilled. Payment of basic economic loss benefits, which the legislature intended to be paid promptly, has become bogged down in a quagmire …

Double Jeopardy, Supreme Court, Appellate Division Second Department: People V. Haishun

Touro Law Review

No abstract provided.

Double Jeopardy, Supreme Court, Appellate Term Second Judicial Department: People V. Steele

Touro Law Review

No abstract provided.

Sanctioning "Thousands Upon Thousands Of Petty Indignities": The Supreme Court's Creation Of A Constitutional Free Zone For Police Seizure Of Innocent Passengers In Maryland V. Wilson, George M. Dery Iii

Washington and Lee Law Review

No abstract provided.