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Federal Versus State: Private Commercial Spaceflight Operator Immunity Regulation In The United States, Frans G. von der Dunk 2014 University of Nebraska–Lincoln

Federal Versus State: Private Commercial Spaceflight Operator Immunity Regulation In The United States, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The 2004 Commercial Space Launch Amendments Act provided the first national statute dedicated to private commercial spaceflight, further elaborated by a Chapter in the Code of Federal Regulations. A major element of that regulation concerns the “informed consent” requirement, which constitutes the main condition upon which a private commercial spaceflight operator is allowed to fly paying passengers into the edge of outer space and back. The requirement as such does not automatically equate with a statutory waiver of passenger liability, which was a major reason for a handful of individual US states to add by way of statutes such immunity …


From Space Tourists To Unruly Passengers? The U.S. Struggle With "On-Orbit Jurisdiction", F. G. von der Dunk 2014 University of Nebraska–Lincoln

From Space Tourists To Unruly Passengers? The U.S. Struggle With "On-Orbit Jurisdiction", F. G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

With the first proper commercial sub-orbital “space tourist” flights seemingly around the corner, the need to develop a proper legal system addressing all relevant parameters, scenarios, and events also arises more visibly. This is particularly true for the United States, where so far the major developments in private manned spaceflight are concentrated, some of which may soon move from relatively straightforward up-and-down sub-orbital trajectories to longer-duration suborbital and/or orbital flights, or even long-duration presence in (potentially private) space stations. As one author succinctly put it: humans are essentially unpredictable, and the longer their flights will be, the less preordained and …


The New Orient Express: Current Trends And Regulations In Space Tourism And The Need For Commercial Hypersonic Point To Point Travel, Patrick Zurita 2014 Cleveland State University

The New Orient Express: Current Trends And Regulations In Space Tourism And The Need For Commercial Hypersonic Point To Point Travel, Patrick Zurita

Global Business Law Review

This paper aims to answer the question of what the new privatized space regime will not only look like, but also if and how it will expand. In answering the question an examination of who will most be affected by space tourism and a subsequent space travel industry is required. Additionally, a cursory look at the history of airline regulation both domestically and abroad is needed to understand the future of private space flight. Next, an overview of past and current space and hypersonic technologies is required to attempt any projection of future advances. Finally, this paper sets out to …


Recent Developments In Aviation Law, Jared L. Watkins, Evan Katin-Borland 2014 Southern Methodist University

Recent Developments In Aviation Law, Jared L. Watkins, Evan Katin-Borland

Journal of Air Law and Commerce

No abstract provided.


Flags Of Convenience: Maritime And Aviation, Allan I. Mendelsohn 2014 Southern Methodist University

Flags Of Convenience: Maritime And Aviation, Allan I. Mendelsohn

Journal of Air Law and Commerce

No abstract provided.


Faa Endorsements - Escaping Judicial Review - The Second Circuit Rules That An Endorsement Of Panel Recommendations Is Not A Final Order, J. Bryan White 2014 Southern Methodist University

Faa Endorsements - Escaping Judicial Review - The Second Circuit Rules That An Endorsement Of Panel Recommendations Is Not A Final Order, J. Bryan White

Journal of Air Law and Commerce

No abstract provided.


Understanding The Second Sydney Airport Debate: The Consequences For Limited Airport Capacity Of A Government Policy Lacuna, Andrew Harrington 2014 Southern Methodist University

Understanding The Second Sydney Airport Debate: The Consequences For Limited Airport Capacity Of A Government Policy Lacuna, Andrew Harrington

Journal of Air Law and Commerce

No abstract provided.


Grounded At The Pleading Stage: How Do Tsa Agents Assess A Peaceful Protest Versus A Disruptive One, Peter Thompson 2014 Southern Methodist University

Grounded At The Pleading Stage: How Do Tsa Agents Assess A Peaceful Protest Versus A Disruptive One, Peter Thompson

Journal of Air Law and Commerce

No abstract provided.


Front Matter, 2014 Southern Methodist University

Front Matter

Journal of Air Law and Commerce

No abstract provided.


On What Authority: Customs And Border Protection's Unwarranted War On Private Aviation, Heather McKinney 2014 Southern Methodist University

On What Authority: Customs And Border Protection's Unwarranted War On Private Aviation, Heather Mckinney

Journal of Air Law and Commerce

No abstract provided.


Inner Space: Icao's New Frontier, P. Paul Fitzgerald 2014 Southern Methodist University

Inner Space: Icao's New Frontier, P. Paul Fitzgerald

Journal of Air Law and Commerce

No abstract provided.


Good Intentions, Bad Results, And Ineffective Redress: The Story Of The No Fly And Selectee Lists And A Suggestion For Change, Eric Hedlund 2014 Southern Methodist University

Good Intentions, Bad Results, And Ineffective Redress: The Story Of The No Fly And Selectee Lists And A Suggestion For Change, Eric Hedlund

Journal of Air Law and Commerce

No abstract provided.


Just Culture And Accountability For Flight Safety Events In Australia And New Zealand, Christopher Griggs 2014 Southern Methodist University

Just Culture And Accountability For Flight Safety Events In Australia And New Zealand, Christopher Griggs

Journal of Air Law and Commerce

No abstract provided.


Educational Malpractice And The Liability Of Flight Training Providers, Peter M. Lindberg 2014 Southern Methodist University

Educational Malpractice And The Liability Of Flight Training Providers, Peter M. Lindberg

Journal of Air Law and Commerce

No abstract provided.


Front Matter, 2014 Southern Methodist University

Front Matter

Journal of Air Law and Commerce

No abstract provided.


Rationalizing The Cape Town Convention And Aircraft Protocol's First-To-Register Rule And Its Exceptions In The Context Of Aviation Finance, Jolyn Ang Qin 2014 Southern Methodist University

Rationalizing The Cape Town Convention And Aircraft Protocol's First-To-Register Rule And Its Exceptions In The Context Of Aviation Finance, Jolyn Ang Qin

Journal of Air Law and Commerce

No abstract provided.


Angry People In The Sky: Air Rage And The Tokyo Convention, Vernon Nase, Nicolas Humphrey 2014 Southern Methodist University

Angry People In The Sky: Air Rage And The Tokyo Convention, Vernon Nase, Nicolas Humphrey

Journal of Air Law and Commerce

No abstract provided.


Standards, Standards Everywhere: Assessing Current Initiatives For Human Spaceflight Standards And Their Potential Effect On Future Regulations, Mark J. Sundahl 2014 Cleveland-Marshall College of Law, Cleveland State University

Standards, Standards Everywhere: Assessing Current Initiatives For Human Spaceflight Standards And Their Potential Effect On Future Regulations, Mark J. Sundahl

Law Faculty Contributions to Books

One of the critical questions facing the human spaceflight industry is how its activities will be regulated during the infancy of the industry. It is generally agreed that regulation is necessary to address safety risks to crew, passengers and third parties. However, there is also a concern that government agencies may over-regulate the industry in a manner that could create unnecessary administrative burdens and interfere with technological innovation. In fact, the growth of regulation over the human space industry has been quite slow. Although the United States enacted the Human Space Flight Requirements for Crew and Space Flight Participants in …


Front Matter, 2014 Southern Methodist University

Front Matter

Journal of Air Law and Commerce

No abstract provided.


Recent Developments In Montreal Convention Litigation, Christopher E. Cotter 2014 Southern Methodist University

Recent Developments In Montreal Convention Litigation, Christopher E. Cotter

Journal of Air Law and Commerce

No abstract provided.


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