Transportation Law Commons^™

The International Maritime Organization And The Draft Convention On Liability And Compensation In Connection With The Carriage Of Hazardous And Noxious Substances By Sea: An Update On Recent Activity, Robert S. Schuda

University of Miami Law Review

No abstract provided.

Aviation Law And Regulation, 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.

Airlines, Airports And Antitrust: A Proposed Strategy For Enhanced Competition, Robert M. Hardaway, Paul Stephen Dempsey

Sturm College of Law: Faculty Scholarship

Most of this country's major airports are monopolies or duopolies at which one or two dominant carriers control a high percentage of terminal facilities. Airlines have used this market power to raise fares on flights originating and terminating at such airports. Although this power has been gained in part through the process of buy-outs and mergers in the airline industry itself, it has also been gained through actions taken in concert with airport authorities, such as when agreements are entered into that effectively limit the availability of airport facilities to new entrants and other competitors. Airlines, by virtue of rights …

The Deregulated Airline Industry: Legal Challenges For The Nineties, Vijayesh D. Roy

LLM Theses and Essays

The United States is one of the few nations where private airline ownership and more than one carrier are permitted, but traditionally the airline industry was heavily regulated by the Civil Aeronautics Board (CAB) with direct regulation of routes, rates, entry, and exit. However with the Airline Deregulation Act of 1978 and the International Air Transportation Competition Act of 1979, Congress removed many restrictions on the airline industry and allowed airlines to make their own economic decisions and operate as traditional commercial enterprises. Although deregulation has produced many benefits like improved efficiency, reduced costs, and a wider range of services, …

Airport Regulation, Law, And Public Policy: The Management And Growth Of Infrastructure, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Drawing on both the expertise of professionals in the field and a grounding in law and public policy, this book examines the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion and operation of airports.

Changing The World Economies: A Model For Applying United States Countervailing Duty Law To Exported Products From A Unified Germany, 25 J. Marshall L. Rev. 81 (1991), Charles P. Romaker

UIC Law Review

No abstract provided.

Pre-Emption Of Local Law By State Legislature

Touro Law Review

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. These cases are grouped in topical categories and references are given for further research.

TABLE OF CONTENTS

I. ALIENS: CITIZENSHIP AND NATURALIZATION ......... 857

II. TAXATION AND FOREIGN COMMERCE .................. 862

III. AIR CARRIER LIABILITY--WARSAW CONVENTION ........ 865

Not Fit For Sea Duty: The Posse Comitatus Act, The United States Navy, And Federal Law Enforcement At Sea, Christopher A. Abel

William & Mary Law Review

No abstract provided.

Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz

Northwestern Journal of International Law & Business

On September 1, 1983, over the Sea of Japan, a Soviet Union military aircraft destroyed a Korean Air Lines Boeing 747 en route from Kennedy Airport in New York to Seoul, South Korea. All 269 persons on board the plane were killed. The Warsaw Convention ("Convention"), a multilateral treaty governing the international carriage of passengers, baggage, and cargo by air, provides a per passenger damage limitation for personal injury or death. The Convention further provides that passenger tickets must include notice of this limitation, and a private accord among airlines known as the Montreal Agreement ("Agreement") states that this notice …

International Health Law, International Travel Restrictions, And The Human Rights Of Persons With Aids And Hiv, 1 Touro J. Transnat'l L. 285 (1990), Michael L. Closen, Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

To The U.S. Department Of Transportation: Comments Of The Environmental Defense Fund On The Secretary Of Transportation’S National Transportation Policy, Robert E. Yuhnke

Air Quality Protection in the West (November 27-28)

20 pages.

Urban Air Quality Litigation Under The Clean Air Act: Past, Present And Future, David S. Baron

Air Quality Protection in the West (November 27-28)

20 pages.

Contains footnotes.

Motor Vehicle Air Pollution Control: The Remaining Issues, Michael P. Walsh

Air Quality Protection in the West (November 27-28)

26 pages (includes illustrations).

Contains references.

Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Protection in the West (November 27-28)

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.

Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …

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

All Faculty Scholarship

No abstract provided.

Obtaining Preliminary Injunctions Under Section 156 Of The Railway Labor Act: Is Irreparable Harm Really Needed, John F. Licari

Villanova Law Review (1956 - )

No abstract provided.

Evaluating "Deregulation" Of Commercial Air Travel: False Dichotomization, Untenable Theories, And Unimplemented Premises, Peter C. Carstensen

Washington and Lee Law Review

No abstract provided.

Europe 1992 And The Rise Of The Pacific Rim: Do Changing World Trading Patterns Require A Change In United States Shipping Laws?, Andrew M. Danas

Vanderbilt Journal of Transnational Law

This Article analyzes the significant issues facing the Presidential Advisory Commission on Ocean Conferences in Ocean Shipping. This Commission will assess the success of the Shipping Act of 1984 and will report to Congress on the need for changes in the 1984 Act and in United States regulatory policy regarding international ocean common carriers. Mr. Danas recommends that the Commission carefully examine the antitrust-exempt conferences, which international ocean common carriers have been organizing for over one hundred years for the purpose of self-regulation and rationalization. Mr. Danas suggests that the review of the continued existence of the liner conference system …

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.

The Marine Transportation Of Hazardous And Dangerous Goods In The Law Of The Sea - An Emerging Regime, Aldo E. Chircop

Dalhousie Law Journal

The transportation of hazardous and dangerous goods by road, rail, inland waterways, air and sea and also multimodally is a subject characterized by both interdependence and convergence of interests. The international community has been seized of this problem from many directions. It involves a wide range of actors and multidisciplinary challenges. It is submitted that a complex regime is in the making.

Protection Of Shipowners’ Liability Under United States Law And Marine Insurance Practice, Izak Stephanus Fourie

LLM Theses and Essays

Shipowners are exposed to a variety of risks that are, to a large extent, unique to maritime business. Because of factors like the recent increase in the size and value of ships, increase in marine traffic, enactment of legislation imposing new liabilities, and the tendency of courts to make huge awards to personal injury and death claims, shipowners are exposed to potential losses or claims worth millions of dollars in the event of disaster. These heavy risks led to the establishment of the marine insurance industry, as well as the enactment of legislation that limits shipowners’ liability. This legislation was …

Illinois Lemon Car Buyer's Options In A Breach Of Warranty Action, 20 J. Marshall L. Rev. 483 (1987), Lisa K. Jorgenson

UIC Law Review

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Secretary of Transportation's Order Issued Pursuant to Anti-Apartheid Act, which immediately revoked South-African airways right to serve United States Airports, Upheld Notwithstanding possible violation of prior Executive Agreement--South African Airways v. Dole, 817 F.2d 119 (D.C.Cir. 1987).

IN TRANSNATIONAL LITIGATION, HAGUE EVIDENCE CONVENTION IS NOT MANDATORY, EXCLUSIVE, OR PROCEDURE OF FIRST RESORT, BUT UNITED STATES COURT MAY RESORT TO CONVENTION'S DISCOVERY PROCEDURES To SUPPLEMENT FEDERAL DISCOVERY RULES WHEN CIRCUMSTANCES WARRANT --Societe Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa, 107 S. Ct. 2542 (1987).

Two YEAR PROCESSING DELAY OF APPLICATION FOR ADJUSTMENT OF IMMIGRATION …

The Roads Through Our Ruins: Archaeology And Section 4(F) Of The Department Of Transportation Act, Stanley B. Olesh

William & Mary Law Review

No abstract provided.

Guest Statute Applicability To Motor Driven Golf Carts

Washington and Lee Law Review

No abstract provided.

The Faa Buy-Sell Slot Rule: Airline Deregulation At The Crossroads, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This article analyzes the economic and legal consequences of the FAA Buy-Sell Rule. As a background to this analysis, Part II briefly reviews the history and purposes of airline deregulation. Part III discusses airport access restrictions as a threat to free entry and, consequently, to airline deregulation. Parts IV and V review the economic and legal status of existing airport resources so that slot allocation may be viewed in the broader context of airport resources. (It will be shown, for example, that the Buy-Sell Rule fails to address entry at the most critical point of bottleneck, namely terminal space and …

American Coastwise Trade Law, Mark Dean Aspinwall

Marine Affairs Theses and Major Papers

Federal involvement in the shipping industry dates back to 1789. Since then, governmental efforts to promote the American merchant marine have taken a variety of forms, including the prohibition of foreign shipping from the coastwise trade. To this end, laws have been enacted which deal with specific activities considered to be coastwise trade in nature and which ban the use of foreign-flag and, in some cases, foreign-built ships from those activities. However, the laws are narrowly worded and archaic, and have been unable to adequately address modern trends in coastal commerce. Maritime service industries have emerged in recent years which …

Analyzing The Competitive Effects Of Mergers: Is There Anything Special About Railroads, Robert S. Stillman

Cleveland State Law Review

Empirical evidence demonstrates that mergers, on average, create value for shareholders of the merging firms. The relevant question from an antitrust perspective, however, is the source of these gains. Increased efficiency is one possibility. It is also possible that in some cases merger gains derive not from enhanced efficiency, but rather from an enhanced ability to realize "monopoly profits." To determine whether a proposed merger is likely to be pro- or anti-competitive, economists often follow the approach outlined in the United States Justice Department's Merger Guidelines and ask whether the merger seems likely to facilitate collusion. In reviewing the competitive …

Loss Of Rail Competition As An Issue In The Proposed Sale Of Conrail To Norfolk Southern: Valid Concern Or Political Bogeyman, Mark D. Perreault, Nancy S. Fleischman

Cleveland State Law Review

The Department of Transportation's plan to return Consolidated Rail Corporation (Conrail) to the private sector by selling the federal government's controlling interest to Norfolk Southern Corporation has, not surprisingly, been the subject of a spirited debate in the transportation and political community since its announcement in February, 1985. Critics have said that the sale proposal "runs directly contrary to [antitrust] policy goals" and would have a serious, adverse effect on competition. The proposal is a "flagrant violation of antitrust laws and would create an unconscionable monopoly." The purpose of this article is to examine the legal standards historically and currently …