Transportation Law Commons^™

Managing The Central Artery/Tunnel Project: An Exploration Of Potential Cost Savings, Allan K. Sloan

McCormack Graduate School General Publications (active until 2013)

The John W. McCormack Institute of Public Affairs at the University of Massachusetts Boston is an institution whose primary mission is public service. Through public policy research, educational programs, policy practice and the dissemination ofknowledge, the Institute seeks to have a constructive impact on policy formulation, problem solving and public discourse concerning urgent civic challenges facing state and local government in the New England region.

In 1996, under Chapter 205 of the 1996 Acts and Resolves, the Massachusetts legislature authorized the Institute to undertake a study *to review and explore possible cost savings within the Central Artery/Third Harbor Tunnel project" …

China Must Not "Wait Until The Evening": Resisting Mass Motorization's Assault On Bicycles And Mass Transit, Adam Karp

Washington International Law Journal

China, and other developing nations, stand at a transportation planning crossroads—whether to follow the American highway/privatized motorization model or to optimize their existing mass transit/nonmotorized transportation model. This Comment charts the history of transportation development in China and indicates its destination in light of China's recent embrace of the car industry as a "pillar" of the nation's economy. It then considers motor vehicles' adverse effects, and assesses the value of mass and nonmotorized transportation as viable alternatives. In order to stall or reverse a process not supported wholeheartedly by the Chinese citizenry, this Comment determines whether China's internal city planning …

Capitalizing And Depreciating Cyclical Aircraft Maintenance Costs: More-Trouble-Than-It's-Worth?, John W. Lee, Glenn Walberg, Darryl Whitesell

Faculty Publications

No abstract provided.

Delaware & Hudson Revisited, John Copeland Nagle

Journal Articles

Four score and eight years ago, the Supreme Court decided United States v. Delaware & Hudson Co., a little remembered case holding that a federal statute prohibited railroads from shipping coal that they own across state lines. The statute at issue seemed to bar any railroad company from transporting any article that it had produced, but a group of Pennsylvania railroads objected that the statute violated numerous provisions of the Constitution. The Court dodged those constitutional questions by reading the Act narrowly to apply only if the railroad still owned the coal at the time of shipment. Justice Edward White …

Code-Share Agreements: A Developing Trend In U.S. Bilateral Aviation Negotiations, Robert F. Barron Ii

Indiana Law Journal

No abstract provided.

Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell

UIC Law Review

No abstract provided.

The Anti Car Theft Act Of 1992: Federal Cops, Highway Robbers, And The Constitution, Kevin J. Coyle

North Carolina Central Law Review

No abstract provided.

Air Quality And Transportation On Colorado's Front Range: Taking Responsibility For Difficult Choices, Wade Buchanan, David A. Pampu, Christine Lipaj Shaver, University Of Colorado Boulder. Natural Resources Law Center

Air Quality and Transportation on Colorado's Front Range: Taking Responsibility for Difficult Choices (March 12)

15 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on March 12, 1996.

Includes biographical information for Wade Buchanan, David A. Pampu, and Christine Lipaj Shaver.

With communities along Colorado's Front Range continuing to grow at a rapid rate, government, private businesses and citizens are faced with difficult choices concerning air quality and transportation. Can we control the "brown cloud" and increasing congestion on our roads and freeways? What decisions and sacrifices must be made, and who will take responsibility for them? Wade Buchanan, Chairman of the Regional Air Quality Council (RAQC), …

Harmonization Of Automobile Emission Standards Under International Trade Agreements: Lessons From The European Union Applied To The Wto And The Nafta, William F. Dietrich

William & Mary Environmental Law and Policy Review

No abstract provided.

If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte

UIC Law Review

No abstract provided.

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …

World Trade And The Environment: The Cafe Case, Eric Phillips

Michigan Journal of International Law

This Note examines the CAFE case in the context of the debate over trade and the environment. It argues that the panel decision has aspects that support the notion that the international trading system can be compatible with efforts to protect the environment, and also has aspects that demonstrate that these do indeed clash, limiting efforts to protect the environment. Part I of this Note describes the CAFE law and places it in the context of domestic and international efforts to prevent global warming. Part II examines the panel's decision, arguing that the panel acted well within the scope of …

Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene

University of Richmond Law Review

Since the boom of federal environmental laws in the early 1970s, Congress, federal administrative agencies, and the states have grappled with how best to obtain the lofty goals of these laws. As evidence of this struggle, Congress has made substantial amendments to several major environmental laws on one or more occasions in order to achieve these goals, and the states have followed suit in order to keep pace with the changes on the federal level. The resulting mass of state and federal environmental laws and regulations has led to a series of complex, and often confusing, layers of laws and …

Diverting The Danube:The Gabcikovo-Nagymaros Dispute And International Freshwater Law, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

The Costs Of Consumer Choice For Auto Insurance In States Without No-Fault Insurance, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse

Maryland Law Review

No abstract provided.

The Economics Of Canadian National Railway V. Norsk Pacific Steamship (The Jervis Crown), David S. Cohen

Elisabeth Haub School of Law Faculty Publications

Economic analysis of legal doctrine assumes, indeed its relevance largely depends upon the assumption, that judicial decisions will have an instrumental impact on the future behaviour of firms and individuals who are not themselves parties to the litigation which resulted in the specific doctrinal development being analysed. In other words, economic analysis assumes that the decisions of courts - and particularly, for what should be obvious reasons, the decisions of the Supreme Court of Canada - have a direct influence upon the manner in which non-litigants will choose to order their affairs following that decision. Thus, the focus of a …

The Commerce Clause Quartet, Martin A. Schwartz

Touro Law Review

No abstract provided.

Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing

University of Richmond Law Review

"We cannot put up with this kind of animal behavior. These people have no place in decent society, and ... they can go to jail and they can stay in jail and they can rot in jail for crimes like that." Soon after speaking those words, on October 25, 1992, President George Bush signed the Anti Car Theft Act of 1992 in Detroit, Michigan. For the citizens of Detroit, it was a fitting response to the crime that was coined "carjacking" and popularized in the same city-the Motor City-in the heat of the summer of 1991. Earlier federal legislation, the …

The Unctad Liner Code: A Dead Letter?, Sock-Yong Phang, Rex S. Toh

Research Collection School Of Economics

The UNCTAD Code of conduct for Liner Conferences entered into force in 1983. The Code's cargo allocation scheme or '40-40-20 rule' aims to provide shipping lines of developing countries with a fair change to compete for the carriage of their seabourne trade. However, the Code has not been effective in meeting its stated objectives for a variety of reasons. Amongst the administrative difficulties are (i) the complications introduced by the EEC's Brussels Package, (ii) the definition of national lines, (iii) the unit of measurement for cargo allocation purposes, and (iv) the monitoring of cargo movements. The tremendous growth in non-conference …

Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell

University of Richmond Law Review

Automobile liability insurance coverage is considered one of the basic necessities of modern living, following closely on the heels of shelter and food. This priority is the outgrowth of two facts of life: one, that automobile transportation is practically unavoidable and two, that automobile accidents are practically inevitable. Thus, the shadow of liability for the damage and the suffering of automobile accidents falls across most of the American population. Because the losses which may be sustained by the negligent-and the innocent alike-are so great, the need for protection has escalated to the top of modern society's list of indispensable commodities. …

Analysis Of The 1990 Clean Air Act's Employee Commute Options Program - A Trip Down The Right Road, Leanne Cusumano

William & Mary Environmental Law and Policy Review

No abstract provided.

Individual Control Of Risk: Seat Belt Use, Subjective Norms And The Theory Of Reasoned Action, Juanita V. Field, Kenneth D. Boehm, Kevin M. Vincent, Jessica L. Sullivan

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

When faced with a risk for which an inexpensive solution is available, individuals often choose the risk rather than the solution. Protection from certain kinds of risks, e.g., using seat belts or condoms or insulating against radon, is largely under personal control, but individuals often choose not to comply with behaviors which would reduce the risk. The Theory of Reasoned Action (TRA) has been used to predict when individuals will comply. The authors attempted to validate aspects of the TRA by the use of scenarios. Factor analysis of their data supports the theory that intention is a major determinate of …

Aviation Law And Regulation: Abridged Student Edition, Robert M. Hardaway, Paul Stephen Dempsey, William E. Thoms

Sturm College of Law: Faculty Scholarship

We sought to write a comprehensive reference book for aviation lawyers and practitioners, and airline and aircraft manufactuing executives in need of vital information regarding law and government regulation in the field of commercial and general aviation. We envision this book as an aid for the neophyte and experienced practitioner alike.

Due Process

Touro Law Review

No abstract provided.

Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler

Northwestern Journal of International Law & Business

Most brokerage problems are traceable to the troubled history of freight brokers, which has been a constant struggle between regulation and deregulation. Arguably, brokers have been subjected to more extremist regulation than any other industry during the last fifty years. The pattern of extremism began when Congress imposed massive regulations on freight brokers as part of the Motor Carrier Act of 1935. The 1935 regulations completely stifled the U.S. brokerage industry. Forty-five years later, Congress moved to the other regulatory extreme when it passed the Motor Carrier Act of 1980,6 which virtually deregulated the brokerage industry The eased entry controls …

Nafta's Rule Of Origin And Its Effect On The North American Automotive Industry, Jonathan M. Cooper

Northwestern Journal of International Law & Business

This comment will specifically address how NAFTA's rule of origin requirement will affect the North American automotive industry. To provide a thorough understanding of this topic, this comment will (1) discuss how NAFTA evolved and detail the remaining procedural steps necessary for its enactment; (2) briefly discuss the current North American automotive industry; (3) compare and contrast rule of origin requirements under previous FTAs; and (4) analyze NAFTA's proposed rule of origin requirement and its potential effects on the North American automotive industry.

Economic Development And Public Transit: Making The Most Of The Washington Growth Management Act, Robert H. Freilich, Elizabeth A. Garvin, S. Mark White

Seattle University Law Review

Rapid and unplanned urban growth in the urbanizing and rural fringe areas of the United States has led to numerous problems for state, local, and regional governments. In particular, six crises are readily identifiable, each of which threatens to undermine quality of life and local competitive economic advantage. These crises include the following: (1) deterioration of central cities, first-ring suburbs, and closer-in neighborhoods, resulting in depopulation and abandonment of housing and the employment base; (2) spiraling suburban sprawl, creating massive infrastructure as well as energy costs; (3) loss of prime agricultural lands; (4) environmental crises and threats to open space, …

Equal Protection

Touro Law Review

No abstract provided.

The Supreme Court As Risk Manager: An Analysis Of Skinner, Todd F. Volyn, James F. Mogan, Lisa M. White

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

Examining a recent case in which the U.S. Supreme Court approved the collection of blood and urine samples from railroad employees, the authors conclude that, in attempting to improve railroad safety, both majority and minority opinions reflected undue emphasis on technical issues and inadequate attention to the intangible social values underlying traditional Constitutional rights to privacy.

Revoking The Driving Privileges Of High School Drop-Outs, Andrew J. Bolton

Brigham Young University Education and Law Journal

No abstract provided.