Mar 1, 2019 | Air and Space, Article, Feature, Jurisdiction, Laura K. Ashdown
By Laura K. Ashdown Abstract In recent decades, the international aviation community has started to transition away from relying on traditional air transport systems such as radar and ground-based air traffic control. With the development and adoption of digital...
Mar 1, 2019 | Air and Space, Article, Feature, P. Paul Fitzgerald
By P. Paul Fitzgerald Abstract Tarmac delays approaching or exceeding twenty-four hours are associated with the diversion of a large number of aircraft on September 11, 2001, and the diversion of distressed aircraft in emergency situations to the closest available...
Mar 1, 2019 | Air and Space, Alexander W. Salter, Article
By Alexander William Salter Abstract The law and economics of space policy have recently become an important research area. In this Article, the author contributes to the literature on legal frameworks for outer space activities, specifically space settlement. Article...
Mar 1, 2019 | Air and Space, Case Note, Hayden Brown, Privacy Law
By Hayden Brown Abstract When is a search a “search”? The United States Supreme Court established a general answer to this question in the seminal Fourth Amendment case Katz v. United States. Justice Harlan’s concurring opinion in Katz held that in most...
Mar 1, 2019 | Air and Space, Andrea deLorimier, Case Note
By Andrea deLorimier Abstract In United States v. Kolsuz, the court held that a forensic examination of a cell phone at the airport must be categorized as a nonroutine border search and can only be conducted upon a showing of reasonable suspicion. The court did not...
Mar 1, 2019 | Air and Space, Case Note, Madison Gafford
By Madison Gafford Abstract In Stokes v. Southwest Airlines, the Fifth Circuit was forced to overturn its own precedent in order to determine that there is no independent private right of action to enforce the Air Carrier Access Act (ACAA) of 1986. This was due to a...
Mar 1, 2019 | Air and Space, Alex Paez, Case Note
By Alex Paez Abstract For decades, Southwest Airlines enjoyed an unprecedented reign over the Dallas Love Field Airport. However, recent legislation opened the door to new competitors of Southwest. Historically, direct air travel out of Love Field was restricted to a...
Mar 1, 2019 | Air and Space, Case Note, J. Collin Spring
By J. Collin Spring Abstract In Doe v. Etihad Airways, P.J.S.C., the United States Court of Appeals for the Sixth Circuit rewrote the test for mental anguish under the Montreal Convention to allow recovery with any physical injury, disregarding years of precedent...
Dec 1, 2018 | Air and Space, Article, Bryan S. David, Courts, Litigation
By Bryan S. David Abstract Ordinarily, all legally significant aspects pertaining to a lawsuit emanate from a single state (usually the state where the lawsuit was filed), and the court assigned to the lawsuit decides the case based strictly upon the laws of that...
Dec 1, 2018 | Air and Space, Article, Feature, International, Paul B. Larsen
By Paul B. Larsen Abstract “New Space” arrived with the sudden prospect of thousands of small satellites being launched into orbit and the realization that space traffic management (STM), space debris, and Near-Earth Object (NEO) problems need to be resolved so...
