Air and Space Law Commons^™

Making A List And Checking It Twice, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Aviation Law: A Survey Of Recent Trends And Developments, Jonathan R. Friedman, Joshua S. Wood

Mercer Law Review

This aviation law Article focuses on selected developments during a two-year survey period from June 1, 2007 to May 31, 2009. The first part of this Article discusses federal preemption of, and immunity from, state law tort claims. The second part examines recent aviation decisions involving jurisdiction, venue, and choice of law. The third part discusses discovery and evidence issues unique to aviation law. The fourth part reviews recent product liability decisions. The fifth and final part reviews important opinions analyzing aviation insurance.

The Fugitive In Flight: Law, Freedom, And Liberalism In A Classic Tv Show, Stanley Fish

Cardozo Law Review

No abstract provided.

Code-Sharing In The U.S. Airline Industry: Effective Disclosure Requirements For An Aspect Of Air Transport That Is Complex, Important, And Often Misunderstood, Daniel Friedenzohn

Aeronautical Science - Daytona Beach

No abstract provided.

The Montreal Convention And The Preemption Of Air Passenger Harm Claims, Marc Mcdonald

Articles

The article examines the evolution and present state of the law governing the preemption of passenger claims for compensation for harm arising from international air travel under the Montreal and Warsaw Conventions

Europe And Security Issues In Space: The Institutional Setting, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In the current timeframe, the relevance of discussions on the existing use of space for national security purposes and the potential of it to be used for non-peaceful purposes are clearly increasing. As a consequence, it becomes more important to address the role of Europe as a geopolitical, albeit far from monolithic, entity in this context.

From this perspective, the present paper analyzes some of the fundamental institutional parameters shaping the European presence in the space security domain, focusing on the two key players in space, which are truly European, the European Space Agency (ESA) and the European Union (EU). …

Regulation Of Space Activities In The Netherlands: From Hugo Grotius To The High Ground Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The Netherlands, being aware of its relative size when compared to the major spacefaring nations not only globally but also in the European context, has always addressed outer space and space activities from the perspective of the role it could feasibly play. It has thus concentrated on a few niche areas which were either closely aligned to existing capabilities and experience or seemed to offer possibilities for mid-size economies and societies to play an important role.

The longstanding focus on scientific/technical aspects of space activities on the one hand, and on an international/legal context for them on the other, constitutes …

Private Commercialization Of Space In An International Regime: A Proposal For A Space District, Zach Meyer

Northwestern Journal of International Law & Business

The Soviet Union inaugurated the Space Age in 1957 with the launch of the first artificial satellite, Sputnik I, into the Earth's orbit. Human activity in space, once only a dream, had become reality. The hope for human advancement was immense. However, over the past five decades, the progress of the Space Age has not matched the measure of that hope. National space agencies have slowly and inefficiently explored and developed the space frontier. But, the success of a recent private competition suggests a better channel for facilitating space exploration and development: private commercial enterprise. However, certain problems are holding …

Renewable Energy And The Neighbors, Troy A. Rule

Faculty Publications

Small wind turbines and rooftop solar panels are a highly attractive energy option, capable of generating clean, renewable power without the need for transmission lines across vast stretches of rural land. State and federal incentive programs have made these devices increasingly affordable for landowners in recent years, generating an unprecedented level of interest in “distributed” renewable energy.Unfortunately, small wind turbines and solar panels are often far less attractive in the eyes of neighbors, who fear that the systems will erode neighborhood aesthetics and property values. Despite aggressive state and federal programs aimed at promoting renewable energy systems, land use controls …

Shadows On The Cathedral: Solar Access Laws In A Different Light, Troy A. Rule

Faculty Publications

Unprecedented growth in rooftop solar energy development is drawing increased attention to the issue of solar access. To operate effectively, solar panels require un-shaded access to the sun’s rays during peak sunlight hours. Some landowners are reluctant to invest in rooftop solar panels because they fear that a neighbor will erect a structure or grow a tree on nearby property that shades their panels. Existing statutory approaches to protecting solar access for such landowners vary widely across jurisdictions, and some approaches ignore the airspace rights of neighbors. Which rule regime for solar access protection best promotes the efficient allocation of …

Expansion Of Private Activity In Space And Its Impact On The Development Of The International Law Of Outer Space, Mark J. Sundahl

Law Faculty Contributions to Books

Private companies are playing an ever-larger role in the use of outer space and their presence in space will continue to expand in the coming years. For example, increased private activity in space will likely be encouraged by the new U.S. space policy proposed by the Obama administration which would require the U.S. government to rely on private companies for the delivery of crew, cargo, and satellites into space. This paper examines the effect that this increased private activity will have on the future development of the international law of outer space. One question that emerges from increased private activity …

Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl

Law Faculty Articles and Essays

The recent emergence of the commercial human spaceflight industry is a transformative moment in the history of mankind. Multiple space tourism companies are planning to send private passengers on suborbital flights in the coming years, private spaceports are being built around the world, and at least one company, Bigelow Aerospace, is planning to build private space stations. Moreover, the new U.S. Space Policy recently announced by the Obama administration promises to accelerate the development of the spaceflight industry by relying on private companies to meet governmental needs, such as ferrying goods and people to the International Space Station.

This article …

Too-Close Encounters Of The Third Party Kind: Will The Liability Convention Stand The Test Of The Cosmos 2251-Iridium 33 Collision?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Cynics would say: space lawyers must have been waiting for this for decades, and now will of course immediately call for additional regulation. But indeed, the recent collision between the Cosmos 2251 and the Iridium 33 satellite, the first time since the Cosmos 954 disintegrated over Canada that the Liability Convention stands a chance of officially being invoked, raises a number of issues regarding the applicability of that Convention, and the level of precision with which it can be applied.

The present paper undertakes a critical analysis of some of these issues. Notably, this concerns the involvement of a commercial …

Air Marshals: The Need For Legal Certainty, P. Paul Fitzgerald

Journal of Air Law and Commerce

No abstract provided.

Why Airlines Should Be Afraid: The Potential Impact Of Cap And Trade And Other Carbon Emissions Reduction Proposals On The Airline Industry, Tate L. Hemingson

Journal of Air Law and Commerce

No abstract provided.

Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl

Journal of Air Law and Commerce

No abstract provided.

Is Lessor More, Roger W. Clark, Thomas M. Richardson

Journal of Air Law and Commerce

No abstract provided.

Recent Developments In Aviation Law: General, Sarah Keast

Journal of Air Law and Commerce

No abstract provided.

Dohsa's Commercial Aviation Exception: How Mass Airline Disasters Influenced Congress On Compensation For Deaths On The High Seas, Stephen R. Ginger, Will S. Skinner

Journal of Air Law and Commerce

No abstract provided.

The Argument For Federal Legislation Protecting The Confidentiality Of Aviation Safety Action Program Information, Christa Meyer Hinckley, Hays Hettinger, Jeremy E. Juenger

Journal of Air Law and Commerce

No abstract provided.