Airspace And The Takings Clause,
2012
University of Missouri School of Law
Airspace And The Takings Clause, Troy A. Rule
Faculty Publications
This Article highlights several situations in which governments can impose height restrictions or other regulations as a way to effectively take negative airspace easements for their own benefit. The Article describes why current regulatory takings rules fail to adequately protect citizens against these situations and advocates a new rule capable of filling this gap in takings law. The new rule would clarify the Supreme Court’s takings jurisprudence as it relates to airspace and would promote more fair and efficient allocations of airspace rights between governments and private citizens.
Front Matter,
2012
Southern Methodist University
Air Carrier Liability For Delay: A Plea To Return To International Uniformity,
2012
Southern Methodist University
Air Carrier Liability For Delay: A Plea To Return To International Uniformity, Jae Woon Lee, Joseph Charles Wheeler
Journal of Air Law and Commerce
No abstract provided.
Serving Two Masters: Military Aircraft Commander Authority And The Strategic Airlift Capability Partnership's Multinational Airlift Fleet,
2012
Southern Methodist University
Serving Two Masters: Military Aircraft Commander Authority And The Strategic Airlift Capability Partnership's Multinational Airlift Fleet, Christopher M. Petras
Journal of Air Law and Commerce
No abstract provided.
What's Wrong With Pregnancy In The Airline Industry And What To Do About It: Balancing Public Safety Interests, Disability Rights, And Freedom From Discrimination,
2012
Southern Methodist University
What's Wrong With Pregnancy In The Airline Industry And What To Do About It: Balancing Public Safety Interests, Disability Rights, And Freedom From Discrimination, Jennifer Staton
Journal of Air Law and Commerce
No abstract provided.
Unmanned But Accelerating: Navigating The Regulatory And Privacy Challenges Of Introducing Unmanned Aircraft Into The National Airspace System,
2012
Southern Methodist University
Unmanned But Accelerating: Navigating The Regulatory And Privacy Challenges Of Introducing Unmanned Aircraft Into The National Airspace System, Benjamin Kapnik
Journal of Air Law and Commerce
No abstract provided.
Delimitation And The Suborbital Passenger: Time To End Prevarication,
2012
Southern Methodist University
Delimitation And The Suborbital Passenger: Time To End Prevarication, Vernon Nase
Journal of Air Law and Commerce
No abstract provided.
Projections For Reducing Aircraft Emissions,
2012
Southern Methodist University
Projections For Reducing Aircraft Emissions, Kathryn Kisska-Schulze, Gregory P. Tapis
Journal of Air Law and Commerce
No abstract provided.
Space Warfare In The Here And Now: The Rules Of Engagement For U.S. Weaponized Satellites In The Current Legal Space Regime,
2012
Southern Methodist University
Space Warfare In The Here And Now: The Rules Of Engagement For U.S. Weaponized Satellites In The Current Legal Space Regime, Jameson W. Crockett
Journal of Air Law and Commerce
No abstract provided.
Airspace And The Takings Clause,
2012
University of Missouri School of Law
Airspace And The Takings Clause, Troy A. Rule
Faculty Publications
This Article argues that the U.S. Supreme Court’s takings jurisprudence fails to account for instances when public entities restrict private airspace solely to keep it open for their own use. Many landowners rely on open space above adjacent land to preserve scenic views for their properties, to provide sunlight access for their rooftop solar panels, or to serve other uses that require no physical invasion of the neighboring space. Private citizens typically must purchase easements or covenants to prevent their neighbors from erecting trees or buildings that would interfere with these non-physical airspace uses. In contrast, public entities can often …
Nasa's Commercial Crew Transportation System Requirements And The Faa Human Spaceflight Regulations: A Study In Contrasts?,
2012
Cleveland State University
Nasa's Commercial Crew Transportation System Requirements And The Faa Human Spaceflight Regulations: A Study In Contrasts?, Mark J. Sundahl
Law Faculty Contributions to Books
On December 10, 2010, NASA issued the second version of the technical requirements that will be imposed on private companies that provide orbital crew transportation services to NASA. These Commercial Crew Transportation System Requirements for NASA Low Earth Orbit Missions impose a multitude of operational and design requirements that, among other things, extend many existing NASA technical requirements to private service providers. The sheer volume of these requirements is daunting – being composed of a collection of approximately 80 existing NASA guidelines on various areas from crew health and safety to power systems, wiring, and orbital debris mitigation. This approach …
Another Additional To National Space Legislation: The Austrian Outer Space Act, Adopted 6 December 2011,
2012
University of Nebraska - Lincoln
Another Additional To National Space Legislation: The Austrian Outer Space Act, Adopted 6 December 2011, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
On December 6, 2011, the Austrian Parliament unanimously adopted the Bundesgesetz über die Genehmigung von Weltraumaktivitäten und die Einrichtung eines Weltraumregisters (Weltraumgesetz), or Austrian Space Act. Thus, Austria became the sixth EU member state and one of more than a dozen states globally adopting a comprehensive national act focusing on national activities related to or in outer space, and more specifically the prospect of fundamental private participation therein. Following the same analytical approach as with regard to the Swedish, UK, South African, Russian, Australian, Ukrainian, Norwegian, Brazilian, and Dutch national space acts, the present paper will analyze this most …
Environmental Impact Statements - The Ninth Circuit Narrows The No-Growth-Inducing-Impacts Exception,
2012
Southern Methodist University
Environmental Impact Statements - The Ninth Circuit Narrows The No-Growth-Inducing-Impacts Exception, John Carse
Journal of Air Law and Commerce
No abstract provided.
Propelling Aviation To New Heights: Accessibility To In-Flight Entertainment For Deaf And Hard Of Hearing Passengers,
2012
Southern Methodist University
Propelling Aviation To New Heights: Accessibility To In-Flight Entertainment For Deaf And Hard Of Hearing Passengers, Michael A. Schwartz
Journal of Air Law and Commerce
No abstract provided.
Front Matter,
2012
Southern Methodist University
The Airline Deregulation Act And Preemption - Determining Whether Curbside Baggage Check Has A Significant Impact Upon A Carrier,
2012
Southern Methodist University
The Airline Deregulation Act And Preemption - Determining Whether Curbside Baggage Check Has A Significant Impact Upon A Carrier, Lorelee Dodge
Journal of Air Law and Commerce
No abstract provided.
Flying With Blinders On - The District Of Columbia Circuit Allows Tsa To Ignore Evidence Unfavorable To Its Financial Interests,
2012
Southern Methodist University
Flying With Blinders On - The District Of Columbia Circuit Allows Tsa To Ignore Evidence Unfavorable To Its Financial Interests, Allyn E. Hurley
Journal of Air Law and Commerce
No abstract provided.
Death On High Seas Act - Defining Dohsa's Applicability To Noncommercial Aircraft Accidents,
2012
Southern Methodist University
Death On High Seas Act - Defining Dohsa's Applicability To Noncommercial Aircraft Accidents, Susan Roxanne Jett
Journal of Air Law and Commerce
No abstract provided.
Employment Law - The Fifth Circuit's Shaky Landing Prohibits A Hostile Work Environment Claim Under Userra For Pilots With Military Obligations,
2012
Southern Methodist University
Employment Law - The Fifth Circuit's Shaky Landing Prohibits A Hostile Work Environment Claim Under Userra For Pilots With Military Obligations, Jennifer Staton
Journal of Air Law and Commerce
No abstract provided.
Keep Your Hands Off My Nuts - Airlines, Peanut Allergies, And The Law,
2012
Southern Methodist University
Keep Your Hands Off My Nuts - Airlines, Peanut Allergies, And The Law, John G. Browning
Journal of Air Law and Commerce
No abstract provided.
