Transportation Law Commons^™

Houston, We Have A (Liability) Problem, Justin Silver

Michigan Law Review

The development of private manned space flight is proceeding rapidly; there are proposals to launch paying passengers before the end of 2014. Given the historically dangerous nature of space travel, an accident will probably occur at some point, resulting in passengers’ injury or death. In the event of a lawsuit stemming from such an accident, a court will likely find that a space flight entity operating suborbital flights is a common carrier, while an entity operating orbital flights is not. Regardless of whether these entities are common carriers, they face a threat of high levels of liability, as well as …

Sms - Reaching Beyond Low Hanging Fruit, Stewart Schreckengast

International Journal of Aviation, Aeronautics, and Aerospace

Human nature predisposes us to maximize our accomplishments while making a concerted effort to balance resource expenditures so we achieve an optimal return on our efforts. All too often what this really means is that we do the easy things that can be done with minimal effort; we grab the low hanging fruit. Traditional incident investigation methodology enables us to reach beyond the obvious reactive solutions. The incident investigation methodology is also an exceptional foundation for safety management system (SMS) development because it supports a holistic approach to reaching the fruit that is ripe for harvesting, the deficiencies that become …

The Post-Tsa Airport: A Constitution Free Zone?, Daniel S. Harawa

Pepperdine Law Review

No abstract provided.

The Greening Of Public Private Partnerships: What Design Professionals And Contractors Need To Know For Green Building's Next Legal Frontier, Tracy L. Steedman, Stephen Del Percio, Matthew L. Kimball

University of Baltimore Journal of Land and Development

America is at a pivotal moment in maintaining and modernizing its public infrastructure. Our nation's roads, bridges, water systems and energy networks have long been in poor repair. Much of the country's public infrastructure was put into place over fifty years ago, and many of these systems are simply overwhelmed or worn out. Infrastructure that is in poor condition or disrepair is mostly a hidden problem until it inconveniently stops working or worse, when ghastly consequences ensue from catastrophic failures.

Driving While Undocumented: Chapter 524 Allows Undocumented Immigrants To Apply For Driver’S Licenses In California, Vallerye Mosquera

McGeorge Law Review

No abstract provided.

Derailed: The Locomotive Inspection Act And The Need To Extend The Field Preemption, Rebecca Diel

McGeorge Law Review

No abstract provided.

Chapter 389: Closing The App Gap With Insurance Requirements For Transportation Network Companies, Amanda Kelly

McGeorge Law Review

No abstract provided.

J.L.'S Time Bomb Still Ticking: How Navarette's Narrow Holding Failed To Address Important Issues Regarding Anonymous Tips, Andrew B. Kartchner

University of Baltimore Law Review

The conflict is clear and the stakes are high. The effect of the rule below will be to grant drunk drivers one free swerve before they can legally be pulled over by police. It will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check.

Driving Privilege Cards For Undocumented Minnesotans: Addressing Constitutional Concerns And Promoting Public Safety, Lindsey R. Wheeler

William Mitchell Law Review

No abstract provided.

Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie Reid

Richmond Journal of Law & Technology

The Ford Model A was advertised as “the latest and best” in the world in 1903 and sparked global interest to design and create better, faster, and more complex machines than had ever traveled on land. Fast forward to the 21st century and creating machines that can travel around the world’s airspace appears to be the latest fascination. Until relatively recently, only airplanes and helicopters dominated the friendly skies. But now, the public is catching on to the idea that building an aircraft is easier that one might expect. In fact, a pilot is no longer necessary. Drones, also referred …

Tesla And The Car Dealers’ Lobby, Daniel A. Crane

Law & Economics Working Papers

Tesla Motors, the offspring of the South African-American entrepreneur Elon Musk who also brought us Pay-Pal and SpaceX, is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested.

Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars that customers want to drive (and, ultimately, produce …

Blurred Lines: State V. Griffin And The Resulting Uncertainty In North Carolina Courts Regarding The Constitutional Analysis Of Traffic Checkpoints, Michelle M. Weiner

North Carolina Central Law Review

No abstract provided.

Relationships Between Registration, Delivery And Transfer Of Ship Ownership, Guixin Chen

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski

Seattle University Law Review

In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the Cudney court erred …

Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …

“Lonesome Road”: Driving Without The Fourth Amendment, Lewis R. Katz

Seattle University Law Review

The protections of the Fourth Amendment on the streets and highways of America have been drastically curtailed. This Article traces the debasement of Fourth Amendment protections on the road and how the Fourth Amendment’s core value of preventing arbitrary police behavior has been marginalized. This Article contends that the existence of a traffic offense should not be the end of the inquiry but the first step, and that defendants should be able to challenge the reasonableness even when there is proof of a traffic offense.

Regulation - The Balance Point , W. D. Brewer

Pepperdine Law Review

No abstract provided.

Internal Revenue Code Section 4061(B), Manufacturers' Excise Tax On Parts And Accessories Of Motor Vehicles, Jerome L. Bleiweis

Pepperdine Law Review

No abstract provided.

California Garageman's Liens: Procedural Due Process Restored, Len Carafa

Pepperdine Law Review

No abstract provided.

Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.