Air and Space Law Commons^™

Foreseeability And Duty In Washington Negligence Law: Leaving The Road Less Traveled By, Leo Linder

Seattle University Law Review

Washington negligence law is a confusing labyrinth of foreseeability that not even Ariadne’s string could guide plaintiffs out of. Foreseeability is implicated in four distinct analyses, several of which overlap considerably. Doctrines that were once questions of law are now questions of fact, and vice versa. Something needs to change.

Washington has taken the novel approach of bifurcating the duty element into two parts—duty’s mere existence, which is a question of law for the court to determine; and duty’s scope, which is a question of fact handed off to the jury to determine. Foreseeability impacts both of these assessments, but …

Evaluating The Rights Of Air Consumers Under International And Regional Instruments With A Focus On Qatar, Eman Naboush

International Journal on Consumer Law and Practice

This paper examines the rules protecting air consumers in cases of flight disruptions as outlined in the international instruments, regional agreements, and in Qatar. It aims to examine the Qatari rules that may provide protection for air consumers and compare them to those adopted regionally and internationally. The article demonstrates that Qatari legislation falls short of the internationally recognized minimal threshold for safeguarding air consumers, as implemented in other countries. Nevertheless, the Qatari national airline incorporates many sets of regulations for customers from the European Union, United States, and Canada in its carriage contract. Although the contractual provisions offer significant …

Territoriality Of Satellites In The Leo: ‘Jurisdiction Without Territory’ Beyond Earthly Frontiers, Priyansh Dixit

National Law School of India Review

Successes in outer space are often seen as belonging to humankind. But what exactly does humankind mean? In line with TWAIL, I cannot agree that it refers to the collective distribution of benefits to all states or individuals. Rather, these successes and the benefits that flow from them are disproportionately allocated to the first world. This is even though the advantage of the first world is a direct consequence of centuries of colonialism and exploitation. In this backdrop, I argue that the exercise of jurisdiction in the Low Earth Orbit (‘LEO’) creates a kind of territoriality that is used to …

Satellites Crash, Laws Clash: A Legal Framework For The Imminent Space Debris Catastrophe, Michael Conklin

Catholic University Journal of Law and Technology

No abstract provided.

A Space Age Stuck In The Past: Should Cold War Treaties Dictate Modern Space Law?, Justin Potter

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Tort Claims Arising From Military Aircraft Crashes Are Not Preempted By The Federal Aviation Act, Timothy A. Loranger, Crawford Appleby

Journal of Air Law and Commerce

The Second Circuit's landmark ruling in Jones v. Goodrich Pump & Engine Control Sys., Inc. establishes crucial precedent by asserting that tort claims stemming from military aircraft crashes are not field or conflict preempted by the Federal Aviation Act (the Act). This decision, the first of its kind at the appellate level, carries far-reaching implications. The court’s rationale, grounded in the Act’s plain language, emphasizes that “public aircraft,” including military ones, are exempt from Federal Aviation Administration regulation. Title 49, section 44701(a)(1), explicitly excludes public aircraft from the Act’s purview. While the court’s analysis relies on the Act’s text, it …

Space Mining, Isabelle M. Thibault

Journal of Air Law and Commerce

The Outer Space Treaty, the leading source of law for activities in space, has laid out various limitations and regulations regarding actions in space and how space can be used. One of these limitations is commonly referred to as the “non-appropriation principle.” The non-appropriation principle prohibits nations from making claims of sovereignty over celestial bodies in space. This presents a problem as the space industry continues to progress because it causes uncertainty regarding the meaning of appropriation, what is classified as a celestial body, what acts are allowed, and who specifically is prohibited from acting. This Comment identifies these problems …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Unlawful Seizure: The Legal Implications Of Russia’S Re-Registration Of Leased Aircraft, Matthew Ormsbee

Journal of Air Law and Commerce

During the Russian invasion of Ukraine, Russia passed a law allowing its domestic airlines to reregister foreign-owned aircraft on the Russian aircraft registry. This law raises important questions about dual registration—forbidden under international law—since the prior foreign aviation authorities had not consented to the deregistration of the subject aircraft. Even as lessors revoked airworthiness certificates, Russia re-registered more than 350 leased aircraft. The most significant problem in civil aviation today is Russia’s re-registration law, which undermines predictability, order, and safety. This essay argues that Russia passed its registration law because its war left it with few other options. This does …

Navigating Passenger Compensation: Implications For Airlines And Consumers, Noor Ain

Journal of Air Law and Commerce

Amid winter’s icy grip, as frigid December storms swept across the nation, a distressing scenario unfolded for countless airline passengers. In the realm of air travel, a ticket represents more than just a mere document. It embodies a contract, a covenant between passengers and airline companies. It symbolizes an agreement made by airlines—a commitment to delivering timely and uninterrupted travel experiences. Following the pandemic, which brought about technological failures, system outages, and staffing shortages, many travelers found themselves stranded due to prolonged flight delays or cancellations. Currently, the absence of viable options for passengers to seek recompense in the form …

The Eu-Asean Comprehensive Air Transport Agreement (2022): From Regional To Inter-Regional To Global?, Jae Woon Lee, Antigoni Lykotrafiti, Máté Gergely

Journal of Air Law and Commerce

The EU-ASEAN Comprehensive Air Transport Agreement (CATA) is the latest example of the EU’s effort to set a “global benchmark” in the regulation of international air transport. The EU-ASEAN CATA is an exceptional ASA for its geographic coverage, liberalizing impact, and expanded substantive scope. As the first-ever bloc-to-bloc ATA with 27 EU member states and 10 ASEAN member states respectively and a combined population of 1.1 billion, the EU-ASEAN CATA will make a significant impact not only on stakeholders in the EU and ASEAN, but furthermore on the rest of the world. The article aims to thoroughly examine the landmark …

Preempting The Buzz: Challenges For State And Local Regulation Of Drone Noise, Daniel Friedenzohn, Trevor Simoneau

Journal of Air Law and Commerce

From carrying life-saving medical supplies to delivering Amazon packages, drones are increasingly playing a more significant role in our society. Such operations, however, raise a variety of legal and public policy questions, all requiring answers before drone deliveries become commonplace in the package delivery ecosystem. One legal issue that remains significantly underexplored is the challenge of regulating drone noise. This issue raises vital questions of federalism and preemption in the broader debate over federal versus state and local power to govern different aspects of civilian drone operations.

Even though the noise generated by drones is much quieter than other types …

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …

Securities Regulation And Administrative Deference In The Roberts Court, Eric C. Chaffee

Seattle University Law Review

In A History of Securities Law in the Supreme Court, A.C. Pritchard and Robert B. Thompson write, “Securities law offers an illuminating window into the Supreme Court’s administrative law jurisprudence over the last century. The securities cases provide one of the most accessible illustrations of key transitions of American law.” A main reason for this is that the U.S. Securities and Exchange Commission (SEC) is a bellwether among administrative agencies, and as a result, A History of Securities Law in the Supreme Court is a history of administrative law in the Supreme Court of the United States as well.

Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan

Seattle University Law Review

Starting in the 1930s with the earliest version of the proxy rules, the Securities and Exchange Commission (SEC) has gradually increased the proportion of “instructed” votes on the shareholder’s proxy card until, for the first time in 2022, it required a fully instructed proxy card. This evolution effectively shifted the exercise of the shareholder’s vote from the shareholders’ meeting to the vote delegation that occurs when the share-holder fills out the proxy card. The point in the electoral process when the binding voting choice is communicated is now the execution of the proxy card (assuming the shareholder completes the card …

Capitalism Stakeholderism, Christina Parajon Skinner

Seattle University Law Review

Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …

The Esg Information System, Stavros Gadinis, Amelia Miazad

Seattle University Law Review

The mounting focus on ESG has forced internal corporate decision-making into the spotlight. Investors are eager to support companies in innovative “green” technologies and scrutinize companies’ transition plans. Activists are targeting boards whose decisions appear too timid or insufficiently explained. Consumers and employees are incorporating companies sustainability credentials in their purchasing and employment decisions. These actors are asking companies for better information, higher quality reports, and granular data. In response, companies are producing lengthy sustainability reports, adopting ambitious purpose statements, and touting their sustainability credentials. Understandably, concerns about greenwashing and accountability abound, and policymakers are preparing for action.

In this …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Marijuana Insurgency: Federalism And Social Reframing In Policy Reform, Matthew P. Cavedon

Seattle University Law Review

After fifty years of federal prohibition, marijuana reform efforts have won political and legal success. These victories hold lessons for anyone seeking to resist federal law without being able to directly affect it.

Victory can come from reframing an issue. For marijuana reform, social reframing—not formal legal analysis or material factors—provides the best explanation for how advocates achieved change. Their unconventional political tactics, akin to those used by insurgents in wartime, undercut federal prohibition by winning hearts and minds.

This is an analysis of the sociology of legal change. It is also the story of how ordinary Americans retook personal …

Tipping Back The Scales: Reworking The Changed Product Rule To Make Derivative Aircraft Safer, Rachel Wright

Loyola University Chicago Law Journal

The dark adage "regulations are written in blood" can be constructively viewed as the FAA's commitment to continuously improving and regulating aircrafts to promote aviation safety. The Changed Product Rule defines specifically when the newest regulations are applicable to the certification of a derivative aircraft, and when old regulations can be legacied into a certification plan. After the tragic Boeing MA4X crashes, industry experts called for a reassessment: is the Changed Product Rule doing its job of ensuring safe design and certification of derivative aircraft? This Comment addresses this question, and advocates for targeted and practical changes to three areas …