Transportation Law Commons^™

Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane

Articles

"In recent years, Tesla Motors (recently renamed Tesla) has been engaged in a state-by-state ground way for the right to distribute it’s all-electric vehicles directly to consumers. The car dealers' lobby, with the political backing of General Motors, has fiercely battled back, relying on decades-old state dealer protection laws to argue that Tesla is legally bound to distribute through franchised dealers. Through a combination of favorable state legislative and judicial decisions, Tesla has won the right to distribute directly in many states, but remains categorically barred from direct distribution in important states like Michigan and Texas--and hence all direct distribution …

Finding The Balance Between Price And Protection: Establishing A Surface-To-Air Fire Risk-Reduction Training Policy For Air-Carrier Pilots, Earl W. Burress Jr.

Journal of Aviation/Aerospace Education & Research

Currently, U.S. air carriers do not provide equipment or training necessary to mitigate the risk posed by surface-to-air fire (SAFIRE) threats. These threats consist of self-guided weapons (infrared shoulder-fired surface-to-air missiles), manually-aimed threats (small arms, recoilless grenade launchers, rockets, and light anti-aircraft artillery), and hand-held lasers. Technological solutions to counter infrared shoulder-fired missiles have been explored, but were rejected due to prohibitive equipment and maintenance costs. A lower cost option, providing air-carrier pilots with SAFIRE risk-reduction training, has not been formally addressed by the air-carrier industry or the U.S. federal government. This effort will use a business concept, the Cost-Benefit …

Life Cycle Analysis And Transportation Energy, Alexandra B. Klass, Andrew Heiring

Brooklyn Law Review

As government actors and the private sector attempt to decarbonize the economy, the role of life cycle analysis (also know as life cycle assessment or LCA) has become increasingly important. In this essay, we explore the use of life cycle analysis in the transportation sector to assess its influence in federal and state policy efforts to move to a low-carbon energy future. We first define life cycle analysis and explain its use in evaluating the environmental impacts of all stages of a product from production, to use, to disposal. We then review the use of life cycle analysis in considering …

Climate Change And Legitimate Governance: Land Use And Transportation Law And Policy In California, Thomas D. Beamish, Ryken Grattet, Debbie Niemeier

Brooklyn Law Review

The primary challenge of addressing climate change lies in it requiring a rethinking and even reorganization of fundamental societal institutions that define much of contemporary life. In this paper, we examine an innovative effort to address climate change through regional land-use and transportation policy. We focus on the activities of a Metropolitan Planning Organization (MPO)—a novel governance structure that coordinates transportation funding between federal, state, and local governments. In 2008, the California senate mandated that the state’s seventeen MPOs implement the Sustainable Communities Strategies Act (SB 375), an effort to align transportation and land-use planning with the state’s ambitious Global …

Uber V. Regulation: “Ride-Sharing” Creates A Legal Gray Area, Yanelys Crespo

University of Miami Business Law Review

Technological innovations are quickly re-shaping our world and even changing the way we travel from place to place. Although the concept of “ride-sharing” only just emerged in 2010, it has rapidly gained popularity and expanded across the globe, offering a new way to get around major cities via a mobile application that instantly links drivers and passengers through the phone’s GPS system. At the forefront of this movement is Uber—the multibillion- dollar company and pioneer of ride-sharing that has experienced unprecedented growth and success in its short existence. However, Uber’s expansion into most major cities across the United States has …

Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg

Brooklyn Law Review

The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …

Space Traffic Management Concepts Leveraging Existing Frameworks, Stephen K. Hunter

Space Traffic Management Conference

Leveraging existing U.S. regulatory frameworks, as well as international organizations, will dramatically shorten the time needed to develop an effective Space Traffic Management concept. Both the Department of Defense and the Department of Transportation have been working with the U.S. Congress to define and develop a Space Traffic Management concept that will allow the Office of Commercial Space Launch to begin a new mission that will help to ensure the safety and resilience of the space domain. Outside observers can easily see forward progress toward this, still, undeveloped concept. This paper explores potential final U.S. Space Traffic Management concepts that …

License Plate Reader Technology: Transportation Uses And Privacy Risks, Johanna Zmud, Jason Wagner, Maarit Moran, James P. George

Faculty Scholarship

NCHRP Report/Task 136: License Plate Reader Technology: Transportation Uses and Privacy Risks, presents a review of transportation uses of license plate reader (LPR) technology, relevant regulatory and judicial cases, and current trends in public opinion. Detailed case studies were completed for five transportation uses to assess current context, benefits, and challenges. Guidance on strategies and practices is provided to guide transportation agencies in balancing between beneficial uses of LPR data and the protection of individual privacy. These best practices should be understood as the minimum aspirations for an agency’s policies, procedures, and controls. Due to the unique requirements of individual …

Need A Ride? Uber: The Trendy Choice That Could Turn Threatening, Emily L. Dyer

Nevada Law Journal

No abstract provided.

Comparative Study Of Igf Code And China's Relevant Laws And Regulations, Xiaoping Wu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Analysis On Effectiveness Of Compensation Scheme For Oil Pollution Damage From Ships In China, Yiming Shen

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act, Thomas C. Holcomb

Georgia Journal of International & Comparative Law

No abstract provided.

A New Take On An Old Problem: Employee Misclassification In The Modern Gig-Economy, Jennifer Pinsof

Michigan Telecommunications & Technology Law Review

For decades, U.S. labor and employment law has used a binary employment classification system, labeling workers as either employees or independent contractors. Employees are granted a variety of legal protections, while independent contractors are not. However, the explosion of the gig-economy—which connects consumers with underutilized resources—has produced a growing number of workers who do not seem to fit into either category. Though far from traditional employees, gig-workers bear little resemblance to independent contractors. Forced to choose, however, most gig-economy companies label their workers as independent contractors, depriving them of many basic worker-protections. Gig-workers have turned to the courts, hoping to …

No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car, Jeremy Levy

The Journal of Business, Entrepreneurship & the Law

First, in part I, this article seeks to explore the background of driverless vehicles, including their history, the technology involved, and general issues and potential problems that may arise from these vehicles entering the market. In part II, the article will discuss existing regulations already in place for autonomous driverless vehicles in both state and federal law. Part III will examine two proposals, those for additional laws, or for the adaptation of existing laws to create new liability schemes, and how most of these proposals are either inadequate or overbroad. Part IV will examine liability waiver for accidents, strict liability …

International Fisheries Regulation, John P. Rivers

Georgia Journal of International & Comparative Law

No abstract provided.

Cycling Around The Car : An Analysis Of America’S Car Culture, Cycling For Transportation In The Netherlands, And An Exploration Of Policy Solutions., Stephanie Dooper

College of Arts & Sciences Senior Theses

No abstract provided.

Book Review: Law-Making In The International Civil Aviation Organization. By Thomas Buergenthal. Syracuse: Syracuse University Press, 1969. Pp. Xiii, 247. $10.50., William C. Bushnell

Georgia Journal of International & Comparative Law

No abstract provided.

Bicycle Laws In The United States-Past, Present, And Future, Ken Mcleod

Fordham Urban Law Journal

No abstract provided.

Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked

Fordham Urban Law Journal

No abstract provided.

Regulation Of The Sharing Economy: Uber And Beyond, Jack M. Beermann

Shorter Faculty Works

On January 8, 2016, the Section held a program entitled “Regulation of the Sharing Economy: Uber and Beyond.” I served as moderator of the program, which included four excellent speakers, Nicole Benincasa, Attorney for Uber Technologies, Inc., Bernard N. Block, Managing Principal, Alvin W. Block & Associates, Chicago, Illinois, Randy May, Founder and President, Free State Foundation (and long-time active member of the Section) and Peter Mazer, General Counsel to the Metropolitan Taxicab Board of Trade and former General Counsel to the New York City Taxicab Licensing Commission.

The program began by asking general questions about regulatory issues concerning the …