Air and Space Law Commons^™

Employment Law - The Faa's Exemption From The Flsa-Mandated Overtime-Pay Provision After The Appropriations Act Of 1996, Wendy Wilkins

Journal of Air Law and Commerce

No abstract provided.

After The Crash, Where Do You Land, Don Swaim., Steven D. Sanfelippo, Alex J. Whitman

Journal of Air Law and Commerce

No abstract provided.

The Faa's Interpretation Of The Special Rule For Model Aircraft, Drew Palmer

Journal of Air Law and Commerce

No abstract provided.

Flying In The Dark: How A Legal Loophole Endangers Critical Infrastructure, Michelle Tonelli

Journal of Air Law and Commerce

No abstract provided.

Department Of Transportation's Aggressive Approach To Consumer Protection Regulation And Enforcement, David Heffernan

Journal of Air Law and Commerce

No abstract provided.

International Regulation Of Global Navigation Satellite Systems, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.

The Regulation Of The Recreational Use Of “Drones” For Aerial Photography And Videography: Comparing Singapore’S Unmanned Aircraft Act With Other Legislation, Siyuan Chen

Research Collection Yong Pung How School Of Law

In the last few years, there has been a dramatic increase in the use of remote-controlled copters or “drones” by recreational users to capture aerial photographs and videos on an unprecedented scale. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation and flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of these camera-carrying devices that even hobbyists can pilot with reasonable safety. However, there has been a consistent stream of public concern relating to issues of safety, privacy, and disruption of commercial interests. Lost in the paranoid cacophony is a question that …

Effective Exercise Of ‘In-Space Jurisdiction’: The Us Approach And The Problems It Is Facing, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

As mankind moves closer to the fiftieth anniversary of the conclusion of the Outer Space Treaty, the framework international treaty laying down the baseline regime for space activities, it may be considered a major achievement that the treaty, as well as some of its offspring—notably the Rescue Agreement, Liability Convention, and Registration Convention—seem to be as relevant as ever. This is a major feat in an international era of many fundamental changes in the geopolitical, economic, and social context.

Nevertheless, the increasing involvement of private entities in many fields of space activity beyond the (by now) more “traditional” ones of …

Drones, Henry H. Perritt Jr., Eliot O. Sprague

Vanderbilt Journal of Entertainment & Technology Law

Drones represent the latest revolution in civilian aviation. The sophisticated miniaturized electronics, electric propulsion systems, low cost, and ability to capture close-in imagery make microdrones attractive assets for aerial activities that have never before been feasible. Larger configurations--machodrones--have longer endurance and range and the capability to fly at higher altitudes. They will complement manned airplanes and helicopters in missions for which their cost proves advantageous or for which manned flight is too hazardous or otherwise undesirable. Specific features of electric propulsion, control systems, and the capability of autonomous flight maneuvers will stimulate new types of missions for microdrones; in other …

Regulating Real-World Surveillance, Margot E. Kaminski

Publications

A number of laws govern information gathering, or surveillance, by private parties in the physical world. But we lack a compelling theory of privacy harm that accounts for the state's interest in enacting these laws. Without a theory of privacy harm, these laws will be enacted piecemeal. Legislators will have a difficult time justifying the laws to constituents; the laws will not be adequately tailored to legislative interest; and courts will find it challenging to weigh privacy harms against other strong values, such as freedom of expression.

This Article identifies the government interest in enacting laws governing surveillance by private …

Warsaw Convention--A New Cause Of Action For Emotional Distress Under Old Section 17: A Look At Floyd V. Eastern Airlines, 872 F.2d 1467 (11th Cir. 1989), Larry Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Rpas And Non-International Conflict - A Strategic/Legal Assessment, Michael P. Kreuzer

Cardozo Law Review

Remotely Piloted Aircraft (RPAs) have, in recent years, been among the most controversial weapons systems in the U.S. war on terrorism. Debate rages over their overall effectiveness, their legality outside of recognized war zones, such as Afghanistan, and the precedent U.S. RPAs might set for other state and non-state actors in the future. Rather than focusing on the technology of the RPA platform itself, this Article argues that the RPA enables a type of war against individuals that exposes a significant hole in both international law and conventional understanding of the boundaries of warfare. Rather than focusing on treaties to …

Unmanned Aerial Vehicles: Legitimate Weapon Systems Or Unlawful Angels Of Death?, Michael J. Deegan

Pace International Law Review

Since the invasion of Afghanistan, the United States has utilized Unmanned Aerial Vehicles (UAVs) to locate, surveil and kill members of the Taliban, Al-Qaeda and its associated forces. Such killings have decimated the leadership of these groups and disrupted their operations. However, there are collateral effects from UAV killings including civilian deaths. These deaths increase resentment and hatred toward the US, which is channeled by terrorist groups to recruit new members and for local support. Moreover, targeted killings outside a combat zone have political and diplomatic consequences. This paper argues that the current uses of UAV are legal under international …

Small Satellites And Liability Associated With Space Traffic Situational Awareness, George Anthony Long

Space Traffic Management Conference

At the commencement of the space age, satellites were very small objects that subsequently grew in size and complexity. A re-emergence of small satellites is occurring given that technology now allows them to perform certain operations of large satellites. This paper will explore the risk and liability in space traffic situational awareness associated with the proliferation in the deployment of small satellites.

Small satellites encompass a range of space objects referred to as nanosatellites, microsatellites, picosatellites, cube satellites, femtosatellites and other designations. These satellites are generally placed into orbit as part of a “piggyback” payload on other launches or cargo …

U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro

Space Traffic Management Conference

One component of Space Traffic Management (STM) is on-orbit Space Situational Awareness (SSA) systems and services. Advances in technology and a growing demand for SSA services, information, and data, coupled with U.S. Government policy that promotes the purchase and use of commercial SSA capabilities, means that private commercial sector is likely to have an important role to play. To date, there is no federal agency with clear jurisdiction over on-orbit remote sensing operations. This paper examines the current regulatory framework, identifies gaps and limitations, and identifies possible ways forward.

Toward The International Regime For Space Traffic Management -What To Fix The Current International Regulations-, Yu Takeuchi

Space Traffic Management Conference

Space Traffic Management (STM) is an effective concept for providing a solution to the current congested, contested, and competed situation of outer space. However the status of international legal system governing outer space remains at its original formation of the 1960s. Filling this gap is an inescapable task soon or late and it is necessary to establish the international regime for STM to do so. Various issues of the UN Space Treaties and relevant soft laws have been discussed in the context of STM item-by-item, but few are oriented to the establishment of a comprehensive international regime for STM.

This …

How To Reach An International Civil Aviation Organization Role In Space Traffic Management, Lt. Col. Stephen Hunter

Space Traffic Management Conference

The late President Emeritus of the ICAO Council, Assad Kotaite, recommended a new annex to the Chicago Convention to extend ICAO responsibilities for producing International Standards and Recommended Practices (SARPs) for suborbital and orbital civil space flights[i]. Additionally, the U.S. Office of the Secretary of Defense and the European Union have independently conceived standards that have yet to mature to an amicable stage. This impetus to develop SARPs is growing more urgent as space becomes more congested, contested and competitive. In order to best determine how to mature internationally acceptable SARPs for seamless operations from tropospheric to exo-atmospheric …

The Cape Town Convention And The Law Of Outer Space: Five Scenarios, Mark J. Sundahl

Law Faculty Articles and Essays

The adoption of the Space Assets Protocol to the Cape Town Convention marked a new era in the evolution of the law of outer space by providing the first space treaty regarding private international law. This Protocol was not created in a legal vacuum, but was drafted against the background of the existing United Nations space treaties that were drafted in the 1960s and 1970s. Although the existing UN treaties address public international law and therefore cover subject matter that is quite distinct from the private law issues addressed by the Space Assets Protocol, there are still points at which …

Recovery For Mental Injuries That Are Accompanied By Physical Injuries Under Article 17 Of The Warsaw Convention: The Progeny Of Eastern Airlines, Inc. V. Floyd, Jean-Paul Boulee

Georgia Journal of International & Comparative Law

No abstract provided.

Blue Helmets In The Next Frontier: The Future Is Now, Sean R. Mikula

Georgia Journal of International & Comparative Law

No abstract provided.