This Comment begins by walking through the current conflict of laws system in the United States and explores the application of general conflict of laws rules and three major issues that accompany the current system, which leaves conflict of laws rules in the hands of state legislatures to determine. The Comment then moves to conflict of laws in aviation cases specifically and explains the unique nature of the aviation industry and why such regulation is needed in this field of law. Following, the Comment analyzes Congress’s power under the Commerce Clause to determine whether federal regulation is in fact a viable and Constitutional solution to the current conflict of law issues or if this issue is better left in the hands of the individual states. Then the Comment sets forth some critical opinions and pushback regarding federal regulation of conflict of laws and suggests responses to these critiques. Lastly, the Comment concludes with the realities and implications of applying a uniform, federal standard in aviation cases with conflict of laws issues and explores exactly why aviation cases specifically are in need of some type of reform.
Kaylee Knowlton Henson, Comment, Airlines Aren’t Just Carrying Passengers and Cargo Anymore—They’re Also Carrying the Burden of the American Conflict of Laws System, 84 J. Air L. & Com. 545 (2019).