Air and Space Law Commons^™

Newsroom: Logan On Drone Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Divergent And Evolving Legal Pathways Of Future Space Traffic Management Collaboration, Michael S. Dodge

Space Traffic Management Conference

Collaboration in space traffic management efforts is critical to the successful continued use of the outer space environment, and exploration and utilization of space assets will depend upon structured legal guidance. While STM is notionally evolving at the international level, appropriate attention must also be given to national strategies. This paper will elucidate that extant space traffic management methodologies are developing along two disparate tracks. These pathways, which here are termed the international-collaborative and sectarian methods, are reflective of the needs of the international community and intrastate interests respectively. The paper will attempt to show that in the near-term, these …

Sub-Orbital Spaceflight – An Addition To Our Multi-Modal Transportation System, Scott Haeffelin

Space Traffic Management Conference

The number of commercial spaceflights will be increasing by orders of magnitude over the next several decades. The current volume of space traffic can be managed on a case-by-case basis and there is little impact to the National Airspace System (NAS). This will change as more spaceports become operational, commercial sub-orbital flight companies begin serving their customers and as the cost of these flights begin to decrease. Current regulatory paths seek to allow the flexibility in the regulations for this industry to flourish while also maintaining a high standard of safety. There are, however, many nearsighted and old fashioned assumptions …

Safe Operations Above Fl600, Lt. Col. Stephen Hunter

Space Traffic Management Conference

Safe Operations Above FL600

Abstract

With the increase in likelihood of near-term development of revenue-generating point-to-point suborbital flights and the increase in high-altitude-long-endurance commercial operations above FL600, the criticality of addressing operations above class A airspace has never been more pressing. While the Federal Aviation Administration describes the National Airspace System, it doesn’t offer a description that includes a top. Technological, physiological, physical and administrative limitations have relegated most air operations to FL600 and below. As that changes, previous work on Space Traffic Management (STM) concepts begin to take on new life and add to sincere considerations for adaptation or …

Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai

William & Mary Law Review

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September 2015. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Given UAV utility and cost-effectiveness over a vast range of tasks, however, widespread commercial use ultimately seems certain. Consequently, it is imperative to understand …

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.

All Faculty Scholarship

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.

Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …

Legal Aspects Of Satellite Communications—A Mini Handbook, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Satellite communications, the most extensive, commercialized, and applications-oriented of outer space activities, is not a sector ruled by a single, coherent legal regime even at the international level. Already at present at least ten regimes would potentially or actually impact any particular satellite operation, service, or scenario. The current contribution, intended as a “mini-handbook” excerpted from the 2015 Handbook of Space Law published by the present author, addresses only the three generally most important of those regimes: the generic body of international space law, the regime developed in the context of the International Telecommunication Union (ITU), and the trade regime …

Recent Developments In Aerial Hijacking: The Issue Of Liability, Lee S. Kreindler

Akron Law Review

"My part of the program insofar as hijacking is concerned is, as you might expect, the liability part of the program. I have been asked to discuss who is liable, if anybody, in hijacking incidents."

Recent Developments In Aerial Hijacking: The Role Of International Negotiation, Robert P. Boyle

Akron Law Review

I WOULD LIKE TO COMMENT on what Mr. McPherson has said from two different points of view. In the first place, I would like to talk about the development of air law, international air law, through the treaties he has mentioned. I would also like to talk a little bit about the fact that the air law problem is one with a minor exception referred to in the Montreal Sabotage Agreement,' which really takes account of what you do with the hijacker after the hijacking has occurred, and you have him in your clutches. It does not talk too much …

Recent Developments In Aerial Hijacking: An Overview, Ian E. Mcpherson

Akron Law Review

"Although this part of the symposium has been entitled 'Recent Developments in Aerial Hijacking',I feel that it might be useful if we had a brief refresher on the development of the international law relating to this subject."

A Response To Lee Kreindler, Robert P. Boyle

Akron Law Review

"...the claimant does not necessarily suffer all the disadvantages Lee Kreindler notes and that there are real compensatory advantages to the international passenger under the Guatemala Protocol system."

Prefatory Remarks To The International Law Symposium On The Guatemala Protocol And Recent Developments In Aerial Hijacking, Hamilton Desaussure

Akron Law Review

The Am Law Symposium recorded in this edition of the Akron Law Review covers two topics: The Guatemala Protocol of 1971, and Aerial Hijacking. The Guatemala Protocol places a higher limit on liability of air carriers where a passenger on board a scheduled international air flight is killed or injured. Recently a New York judge ruled a hijacking incident an "accident" within the meaning of the Warsaw Convention.' It has also been ruled that mental suffering alone may be compensable under Article 17 of that Convention.

The Federal Tort Claims Act - Absolute Liability, The Discretionary Function Exception, Sonic Booms; Laird V. Nelms, Daniel Wallen

Akron Law Review

[A]lthough the legislative history of the FTCA lends great support for the argument that the doctrine of absolute liability is an acceptable theory to employ to seek recovery under the FTCA, the Supreme Court has chosen to rely on the Dalehite decision and completely overlook later Supreme Court interpretations. The legislative history of the FTCA also indicates that the discretionary function exception must always be confronted, regardless of the theory one proceeds under to seek recovery.

Implementation Of Regulatory Reforms: Some Thoughts On A Rationale Approach To Improving Operations Of The Supplemental Airline Industry, Ralph Ditano

Akron Law Review

THE UNITED STATES supplemental air carriers' trace their origin to the mid-nineteen forties when as nonscheduled carriers they operated largely under exemptions to the Civil Aeronautics Act of 1938,1 which were granted by the Civil Aeronautics Board (CAB).' In 1962, Congress amended the Federal Aviation Act of 1958" to provide for permanent legitimacy of supplemental air carriers under regulations requiring certificates of public convenience and necessity from the CAB.5 There are currently eight certificated United States supplemental air carriers, one of which is nonoperational;6 each is authorized to engage in both domestic and international charter operations.'Since their very inception, the …

Economic Regulation And Public Investment In Transportation Facilities, C. Budd Faught

Akron Law Review

AIR TRANSPORTATION now serves as a primary method of intrastate, interstate, and international carrier movement, offering speed and efficiency to both the individual consumer and the commercial shipper. While the particular subject to be pursued concerns the impact of governmental regulation upon air transportation, it is quite clear that air transportation does not exist in a vacuum, but rather is only one of the many methods of transportation currently available. As such, it occupies a position on the spectrum of the national transportation system together with each of the other transportation sectors. Governmental regulation of any one of these particular …

Deregulation Of The United States Of Government Regulation Of Domestic Civil Aviation Seen In Light Of The Overall Structure Of Internatinal Civil Aviation, Peter P.C. Haanappel

Akron Law Review

THE PRIMARY aim of this article is focused on a published report subJmitted by a specially appointed staff of the Civil Aeronautics Board (CAB) in July, 1975. The Report examined the necessity of, and submitted certain detailed proposals for, regulatory reform of the United States system of governmental regulation of domestic civil aviation. Some of these regulatory proposals have taken the form of legislation submitted to Congress by President Gerald Ford.' When one considers the impact of the CAB special staff Report on the overall structure of international civil aviation, it should be kept in mind that the report, in …

Deregulation Of Air Transportation Under The Aviation Act Of 1975, David A. Heymsfeld

Akron Law Review

The objective of this article is to analyze where we are after more than a year of intensive analysis and debate, with particular focus on the issues raised by the Aviation Act of 1975. What are the main contentions of the supporters and opponents of deregulation? What is the main evidence supporting these contentions? Are there areas in which further study appears desirable?

I will consider three main areas: the effect of deregulation on the price of services, the effect on the quality of services, and the effect on industry stability. Several disclaimers are needed. My analysis will of necessity …

Some Plain Talk About Airlines And Regulations, James E. Landry

Akron Law Review

ANY regulatory framework influencing something as vast and important as this country's scheduled airline system should be the subject of continuing review. Even a good regulatory framework can be improved through intelligent reassessment, and there are some significant modifications that can and should be made in light of the economic impact of regulation of the airlines. Yet, any discussion of such regulation or the merits of attempts to modify the existing regulatory framework through legislative proposal cannot be viewed entirely in the abstract. Rather, emphasis must carefully be directed toward the results of the actual or anticipated regulatory changes on …

The American Airlines Industry And The Necessity Of Deregulation, Edward M. Kennedy

Akron Law Review

AS THE CHAIRMAN of the the United States' Senate Subcommittee on Administrative Practice, I have had the opportunity in recent months to observe and review in great detail the practices and procedures utilized by the Civil Aeronautics Board (CAB) in its regulation and control of the varied aspects of the American airlines industry. During the preceeding 18 months, the Subcommittee's oversight of the operations of the CAB has been extremely comprehensive consisting of 10 days of public hearings in which 72 witnesses were called to testify before the Subcommittee. Extensive questionnaires directed to each of the individual airlines and the …

The Impact Of Governmental Regulation On Air Transportation, Hamilton Desaussure

Akron Law Review

THE FOURTH ANNUAL International Law Symposium held at the University of Akron on November 13 and 14, 1975, concerning the impact of governmental regulation on air transportation, presented the issue of whether too much regulation of the domestic airline industry exists, and if so, how such regulation can be curtailed without diminishing route stability or damaging the public interest in a broad, well-integrated air transport network. This subject is of great importance to the traveling public. It is an issue which has drawn the particular attention of Congress.