Transportation Law Commons^™

How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton

Seattle University Law Review

A variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.

Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s …

The Federal Maritime Commission’S New Framework For Ocean Carrier Accountability: Analysis Of The Mcs Industries And Oj Commerce Decisions, Heewan Noh, Jie Shi

Cardozo Law Review de•novo

This article examines two 2024 Federal Maritime Commission (FMC or “Commission”) cases that significantly impact the interpretation of ocean carrier accountability under the Shipping Act of 1984: MCS Industries, Inc. v. COSCO Shipping Lines Co. Ltd. and OJ Commerce, LLC v. Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft A/S & Co. KG. This article argues that the FMC, whose mission is to “[e]nsure a competitive and reliable international ocean transportation supply system that supports the U.S. economy and protects the public from unfair and deceptive practices,” continues to make ongoing efforts to clarify and enforce protecting shippers’ rights. These efforts focus particularly on (i) …

Is There A Regulator In The Polish Electronic Delivery Market? The Role Of The President Of Uke, Mateusza Chołodecki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This paper examines the regulatory role of the President of the Office of Electronic Communications (UKE) within the electronic delivery market in Poland, focusing specifically on the statutory competencies granted by the Electronic Delivery Act. The paper identifies significant limitations of the President of UKE’s current regulatory scope, by analysing these competencies and their alignment with Poland’s postal and telecommunications regulatory frameworks. The analysis reveals that the regulatory powers of the President UKE that concern electronic delivery services are narrowly defined, primarily covering oversight over tariffs, T&Cs, and operator designation, without broader supervisory authority or clearly articulated regulatory objectives. Consequently, …

Is An Autonomous Vehicle A Roller Coaster Or A Hollywood Film? Trust, Safety, And Industry Self-Regulation, Tracy Hresko Pearl

BYU Law Review

Regulation of autonomous vehicles continues to be a daunting task in the United States, and the federal government has not yet succeeded in creating a regulatory scheme that intelligently addresses the risks and benefits of these vehicles. There are multiple reasons for this regulatory lag. Autonomous vehicles are developing at such a rapid pace that lawmakers, who often struggle with technological literacy, struggle to keep up. Additionally, government agencies lack the level of expertise, experience, and data that the industry possesses.

Industry self-regulation offers a meaningful alternative for increasing the safety of autonomous vehicles and building consumer trust. The success …

Flight To Fraud, Emily Davis, Ricardo Partida

Capstones

Taxi hustlers are an enduring, intractable issue for New York City's airports. Through analysis of city data, court documents, and on-site observations, this investigation reveals how unauthorized drivers exploit travelers, charging excessive fares while posing safety risks. Despite public awareness campaigns and enforcement efforts by the Port Authority and others agencies, the problem continues to evolve. NYCity News Service reporters Emily Davis and Ricardo Partida investigate how these hustlers operate in plain sight of airport authorities.

Link: https://daviscapstone2025.carrd.co/

A Long Road Ahead: Examining The Constitutionality Of New York City’S Congestion Pricing Plan, Emily Dulberg

Brooklyn Law Review

New York City attempted to implement New York’s first congestion pricing scheme, the Central Business District Tolling Program (CBDTP). The CBDTP was paused by Governor Kathy Hochul amidst concerns that the scheme will have negative impacts on families who have not financially recovered from the pandemic. The CBDTP sought to charge drivers a fee each time they entered the Central Business District (CBD), an area below 60th Street in Manhattan. The purpose of this plan was to raise funds for the Metropolitan Transit Authority (MTA) to improve mass transit while simultaneously decreasing pollution and traffic congestion in New York City. …

Tort Liability, Privacy, And Regulatory Considerations For Level 3 Autonomous Vehicles, Ryan H. Jones

Michigan Technology Law Review

Recent developments in emerging technology, such as artificial intelligence, robotics, and autonomous vehicles, have generated inquiries about the incorporation of these technologies into the law, as well as the philosophical and ethical questions that accompany their use. This paper considers existing legal doctrine and regulatory frameworks as applied to the niche area of Level 3 autonomous vehicles. Specifically, this paper considers tort liability in the form of negligence and products liability, privacy risks, and regulatory considerations in relation to Level 3 vehicles. Finally, societal risks and potential solutions are considered to provide insight into potential areas of additional work.

Ideal Enforcement: How Do We Achieve Optimal Enforcement Of Traffic Law As Ubiquitous Enforcement Becomes Technologically Conceivable?, Bryant Walker Smith, Jeffrey Michael, Johnathon Ehsani

Michigan Technology Law Review

Safety. Mobility. Technology. Data. Equity. Autonomy. Community. Justice. Power. Trust. These themes have resonated over the last few years across a wide range of specific issues—some that are new and others that have only recently received the broader attention that they demand. A coming age of “perfect enforcement,” in which both public and private actors use increasingly powerful, pervasive, and affordable technologies to automatically identify and penalize every deviation from public or private rules, captures all these issues: They meet—in the language of physics, they interfere, whether constructively or destructively—to affect both perception and reality. The potential role of technology …

Kenya And The Bbnj Agreement : Focusing On The Importance Of Ratification And Implementation Of Area-Based Management Tools Including Mpas Why Kenya Should Ratify And Implement The Bbnj Agreement, Andrew Lumbasi Barasa

World Maritime University Dissertations

No abstract provided.

Transportation Racism And State-Created Danger: A Civil Rights Litigation Strategy For Pedestrians Harmed By Traffic Violence, Riley Freedman

Washington Law Review

Pedestrian fatality rates in the United States are markedly high compared to peer nations and are on the rise. The distribution of these deaths shows an alarming racial gap: Black pedestrians are twice as likely to be killed compared to white pedestrians. One significant factor that explains the disparity is the greater presence of wide, high-speed roads—built to move traffic quickly at the expense of pedestrian safety—in Black neighborhoods. In some cases, there is evidence that governments intentionally placed roads through and around Black neighborhoods for racially discriminatory reasons.

This Comment argues that a pedestrian harmed or killed by a …

Sea Ice And The Law Of The Sea: The Myth Of Article 234, Amanda H. Lynch, Charles H. Norchi

Ocean and Coastal Law Journal

The sea ice of Article 234 of UNCLOS represents not the physical ice of the Arctic Ocean but a negotiated myth of ice as it affects the Arctic littoral states. The stability of this prescription is threatened by anthropogenic climate change causing a preferential evacuation of ice from the eastern Arctic compared to the western Arctic, as well as expectations for a possible future ice-free Arctic. This is leading to an intensification of claims on marine space. The irreducible uncertainties of the future trajectory of Arctic change demands a dynamic response. The myth of Article 234 will ultimately align with …

Projections For Arctic Marine Accessibility: Risk Under Climate Change, Xueke Li, Amanda H. Lynch

Ocean and Coastal Law Journal

Few transformations in Earth systems are as dramatic as those currently occurring in the Arctic. We reveal the emergence of a new route regime in response to the evolving context of climate change and human pressures. This paradigm shift presents both opportunities for Arctic exploration and maritime trade, as well as risks for marine ecosystems and coastal communities. It underscores the need for concerted efforts to recalibrate the associated legal framework.

The Public Order Of The Arctic: Problems And Prospects, Charles H. Norchi

Ocean and Coastal Law Journal

No abstract provided.

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Cities, E-Commerce & Public Health: 3 Legal Pathways To Limiting Freight Vehicle Emissions, Amy E. Turner

Sabin Center for Climate Change Law

In recent years, cities have become increasingly defined by e-commerce – the sprawling network of goods delivery from central warehouses to neighborhood distribution centers to residents’ front doors. This growing network of warehouses and the freight vehicles that serve them contribute significantly to a community’s greenhouse gas emissions and exposure to harmful pollutants like nitrogen oxides (NOx), carbon monoxide and particulate matter. Moreover, so-called last-mile delivery warehouses (or distribution centers) are proliferating, largely in low-income communities and communities of color, where residents are exposed to increasing traffic, pollution, and harmful health impacts.

While a handful of cities have pursued approaches …