Air and Space Law Commons^™

Legal Challenges Facing Unmanned Aerial Systems And Commercial Agriculture, Peggy Kirk Hall, Rusty Rumley

University of Arkansas at Little Rock Law Review

No abstract provided.

Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber

Georgia State University Law Review

A few years ago one might have seen a small object flying overhead without any idea what it could be. Today, it is fairly commonplace to see drones flying around our neighborhood skies. The Federal Aviation Administration (FAA) predicts there will be seven million drones populating our skies by 2020. In 2015 hobbyists, recreational users, and commercial businesses purchased unmanned aerial vehicles, commonly referred to as drones, in record-breaking numbers. Estimates reveal that over 4.3 million drones were sold worldwide in 2015. Trade industry experts predicted that more than 2.8 million drones would be sold in the U.S. in 2016 …

The Regulatory Framework For Aerial Imaging By Recreational Users Of "Drones" In Singapore: Old And Emerging Issues And Some Possible Solutions, Siyuan Chen

Research Collection Yong Pung How School Of Law

In response to the sudden proliferation of hobbyist unmanned aerial vehicles used for digital imaging – or “drones”, as they are popularly, but rather inaccurately, labelled – the Singapore government enacted the Unmanned Aircraft (Public Safety and Security) Act in 2015 and also amended various existing laws relating to air navigation. However, in view of the rapid evolution in drone technology and the ever-expanding range of useful applications brought about by drones, what are some of the challenges that would be faced when enforcing the law against recreational users of aerial imaging in particular, and what are some of the …

Aviation Law-Personal Injury-The Warsaw Convention, As Modified By The Montreal Agreement, Does Comprehend, And Thus Supplies The Exclusive Relief For, Mental And Psychosomatic Injuries., Lee C. Mundell

Georgia Journal of International & Comparative Law

No abstract provided.

When Robots Trespass, Thomas Simmons

Faculty Publications

No abstract provided.

Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher

Duke Law & Technology Review

The characteristics and capabilities of civilian drones have proliferated in recent years, giving rise to a burgeoning industry. The popular media and academic literature have predominantly focused on privacy concerns, devoting considerably less attention to the regulatory challenges created by the new technology. Congress instructed the FAA to integrate drones into the National Airspace System in 2012, but rulemaking delays and a moratorium on commercial uses hampered the industry and withheld benefits from the public. Final regulations are now in place, but the new rules revive legal uncertainty over the constitutional limits of federal authority and the ambiguous vertical bounds …

Wisconsin Patent Acquisition In The Final Frontier: Creating A Void, Nicholas J. Thibodeau

Marquette Intellectual Property Law Review

In early 2006, the Wisconsin Legislature passed 2005 Wisconsin Act 335, creating the Wisconsin Aerospace Authority (WAA). Unique to this particular act is the enumeration of the power to acquire intellectual property by the WAA. While granting them the power to acquire intellectual property is not unique, there is an interesting problem with that acquisition: the Act does not conform to the Parker Doctrine, and thus allows the WAA to be subject to antitrust litigation in its intellectual property acquisition under the proper circumstances. Specifically, the Act allows the WAA to enter into exclusive contracts that allow the WAA to …

The Second African National Space Law: The Nigerian Nasrda Act And The Draft Regulations On Licensing And Supervision, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation addressing in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent and most interesting ones among them is Nigeria, as the second African country after South Africa and—after Brazil—the second leading spacefaring nation from the developing world, to draft, further to a fairly recently established succinct framework law, a set of regulations addressing precisely those issues.

The paper briefly recaps the underlying international obligations, in …

Terrorist Watchlists, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This chapter assesses the legal history and policy development of the U.S. government's system of terrorist watchlists and the institutions established to create and use them. Watchlisting is in fact an old practice given new meaning by technological change and the societal impact of the September 11, 2001, terrorist attacks. Statutes and judicial precedents from an earlier era on which the first post-9/11 watchlists were built were not made to regulate the expanded uses of the new watchlists and presented few if any constraints on their development. Civil litigation has both revealed the inner workings of terrorist watchlists and spurred …

Uas: Understanding The Airspace Of States, Stephen Migala

Journal of Air Law and Commerce

On August 29, 2016, regulations issued by the Federal Aviation Administration (FAA) went into effect that, for the first time in history, apply only to airspace below 500 feet. At the same time, in response to concerns over privacy and security, and the FAA’s delay in issuing these regulations, several states passed their own laws restricting drones. Simply put, these laws are on a collision course. The majority of commentators believe these state laws will be federally preempted, but they are most likely wrong. Very little attention has been paid to the strong argument that the FAA may not have …

Disassembling Assembler Liability: Are Oems Strictly Liable For Pma Parts In Aviation Cases?, Kevin M. Smith, Erik H. Beard

Journal of Air Law and Commerce

No abstract provided.

Mixed-Motive Mix-Up—Non-Prevailing Party Attorney’S Fees Under Texas Antidiscrimination Law “Up In The Air” After Fifth Circuit’S Peterson V. Bell Helicopter, Alexander P. Cohen

Journal of Air Law and Commerce

No abstract provided.

The Warsaw Convention: When Falling Is Not An “Accident”, Courtney Luster

Journal of Air Law and Commerce

No abstract provided.

Small Satellite Legal Issues, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

Who Owns The Moon, Mars, And Other Celestial Bodies: Lunar Jurisprudence In Corpus Juris Spatialis, Dennison A. Butler

Journal of Air Law and Commerce

No abstract provided.

The Enemy Among Us: The Insider Threat, Valerie J. Pelton

Journal of Air Law and Commerce

Given its role in regulating civil and military aviation, the Federal Aviation Administration (FAA) is one of the most visible federal agencies to the general public. To fulfill its domestic and international aviation roles, the FAA must strike a balance between security and commercial interests and its own budget constraints. It is also an economic and intelligence target. While aviation security policy has evolved since 2001, policies designed to promote commerce and to facilitate overseas operations and maintenance by U.S. carriers and aerospace manufacturers have resulted in two entities that are especially vulnerable to insider activities: foreign repair stations and …

Exploring Airline Contracts Of Carriage And European Union Flight Delay Compensation Regulation 261 (Eu 261)— A Bumpy But Navigable Ride, Richard Ritorto, Stephan A. Fisher

Journal of Air Law and Commerce

When passengers book flights on commercial airlines, they enter into contracts of carriage with the airline. This article will first examine the nature, scope, and enforceability of contract of carriage provisions involving domestic flights, followed by an examination of cases addressing the enforceability in the United States of a pro-consumer European Union (EU) regulation concerning compensation for flight cancellation, denied boarding, and delay.

Sharing The Skies: The Legal State Of “Flight-Sharing” After Flytenow And Current Regulatory Issues With Lyfting The Sharing Economy Off The Ground, Alexander P. Cohen

Journal of Air Law and Commerce

No abstract provided.

Waste In Space: Remediating Space Debris Through The Doctrine Of Abandonment And The Law Of Capture, Emily M. Nevala

American University Law Review

With the growing commercialization of outer space, the threat of damage to satellites from detritus hurtling through space could prevent the continued installation of satellites. The cure for this issue cannot simply come from mitigation efforts; governments and organizations involved in spacefaring activities must participate in active remediation measures. International space agency guidelines and U.S. statutes and regulations are productive preventative measures against further accumulation of debris. In addition, a number of organizations are working on new technology to actively reduce orbital debris. These active processes for culling debris from orbit are essential for the reduction of debris buildup.

One …

Highway To The Danger Drone: Reconciling First Amendment Rights Of Drone Owners And Privacy Rights Of Individuals In Creating A Comprehensive Statutory Scheme In Rhode Island, David M. Remillard

Roger Williams University Law Review

No abstract provided.