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The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens 2018 University of Adelaide Law School

The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens

International Law Studies

In the contemporary period, many military forces rely heavily on space-based assets to conduct operations across a wide spectrum of contexts. Such reliance necessarily exposes a correlative vulnerability that such assets may be degraded or destroyed, especially in a time of armed conflict. However, the legal framework that governs military action in space during a time of armed conflict is not well explored. This article examines the interaction between International Humanitarian Law (IHL) and the Outer Space legal regime. Harmonization of legal regimes is a goal of any reconciliation project, although such harmonization may not always be readily possible. In ...


Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf 2018 SJ Quinney College of Law, University of Utah

Game Of Drones: Rolling The Dice With Unmanned Aerial Vehicles And Privacy, Rebecca L. Scharf

Utah Law Review

The advances in technology that have resulted in the increase in the prediction as to the number of drones that may soon be in our skies—as many as seven million in 2020 alone—serve as a call to action. It serves as a call to action for those concerned with protecting individuals’ privacy without imprudently inhibiting the ability of law enforcement. It also serves as a call to action for those concerned with the Supreme Court’s Fourth Amendment jurisprudence focusing on the “reasonable expectation of privacy” standard. If the Federal Aviation Administration itself predicted six years ago that ...


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The Japanese Impact On Global Drone Policy And Law: Why A Laggard United States And Other Nations Should Look To Japan In The Context Of Drone Usage, Kaitlin D. Sheets 2018 Indiana University Maurer School of Law

The Japanese Impact On Global Drone Policy And Law: Why A Laggard United States And Other Nations Should Look To Japan In The Context Of Drone Usage, Kaitlin D. Sheets

Indiana Journal of Global Legal Studies

The global Unmanned Aircraft System, or unmanned aerial systems (UAS) revolution is poised to have an impact across a broad range of industries from agriculture to filmmaking. The United States has taken a difficult and slower path to implementing UAS policy, with Congress essentially mandating the Federal Aviation Administration (FAA) to take action in 2015. The FAA's 624-page rulebook marks the first attempt of any comprehensive plan to regulate remote-controlled and commercial aircraft activity. Across the globe, Japan, a country with a proven track record in electronics and technology, is outpacing other countries in devising regulations that will increase ...


Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák 2018 University of Exeter

Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák

International Law Studies

There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of law ...


Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith 2018 Georgia State University College of Law

Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith

Georgia State University Law Review

The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.


War And (Labor) Peace: How The Ninth Circuit Changed The Rules Of Engagement For Service Providers And Organized Labor, Klayton Sweitzer Hiland 2018 Southern Methodist University

War And (Labor) Peace: How The Ninth Circuit Changed The Rules Of Engagement For Service Providers And Organized Labor, Klayton Sweitzer Hiland

Journal of Air Law and Commerce

No abstract provided.


Recent Developments In Aviation Law, Justin V. Lee 2018 Jackson Walker

Recent Developments In Aviation Law, Justin V. Lee

Journal of Air Law and Commerce

No abstract provided.


A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr 2018 Faculty of Law, Alexandria University

A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr

Journal of Air Law and Commerce

An examination of the 1999 Montreal Convention shows that the drafters did not intend to lay down a comprehensive treaty that would organize a carrier’s liability for personal injury to passengers. They opted to achieve a certain level of uniformity through enacting a set of rules that tackled several key issues such as the grounds for a carrier’s liability, the available defenses, and the limits on the recoverable damages. Consequently, some unaddressed issues created a void in the Montreal Convention and were then left without a clear remedy. In this article, a distinction is made between two types ...


Tax Reform Up In The Air: Redefining The Test For Qualification Of An Air Carrier For Sales Tax Exemption, Daniel W. Sepulveda 2018 Southern Methodist University

Tax Reform Up In The Air: Redefining The Test For Qualification Of An Air Carrier For Sales Tax Exemption, Daniel W. Sepulveda

Journal of Air Law and Commerce

No abstract provided.


Safety Meets Efficiency: The Medical Device Drone’S Role In Bringing About A Workable Regulatory Framework For Commercial Drones, Luke Strieber 2018 Southern Methodist University

Safety Meets Efficiency: The Medical Device Drone’S Role In Bringing About A Workable Regulatory Framework For Commercial Drones, Luke Strieber

Journal of Air Law and Commerce

No abstract provided.


Pioneering The Right To Breastfeed At 35,000 Feet: Workplace Accommodations For Lactating Employees In The Airline Industry, Brooke L. Hauglid 2018 Southern Methodist University, Dedman School of Law

Pioneering The Right To Breastfeed At 35,000 Feet: Workplace Accommodations For Lactating Employees In The Airline Industry, Brooke L. Hauglid

Journal of Air Law and Commerce

No abstract provided.


Regulatory Schizophrenia: Mergers, Alliances, Metal-Neutral Joint Ventures And The Emergence Of A Global Aviation Cartel, Paul S. Dempsey 2018 McGill University

Regulatory Schizophrenia: Mergers, Alliances, Metal-Neutral Joint Ventures And The Emergence Of A Global Aviation Cartel, Paul S. Dempsey

Journal of Air Law and Commerce

No abstract provided.


Presuming Patent Inventorship Without Further Examination: A Double-Edged Sword For Aerospace Companies, Jake Winslett 2018 Southern Methodist University

Presuming Patent Inventorship Without Further Examination: A Double-Edged Sword For Aerospace Companies, Jake Winslett

Journal of Air Law and Commerce

No abstract provided.


Federal Accident Investigations: Civil Litigation Viewpoint, Jill Dahlmann Rosa 2018 United States Department of Justice

Federal Accident Investigations: Civil Litigation Viewpoint, Jill Dahlmann Rosa

Journal of Air Law and Commerce

While aviation accident investigations have come a long way from the days when they were completely shrouded in secrecy, friction still remains between investigation and litigation. Investigations are key for identifying facts, witnesses, and areas of focus. The investigation reports, however, might be excluded from trial, and litigation experts can be excluded from trial as well if they rely solely on investigation findings without conducting their own analysis. Although the federal government spends money and effort investigating accidents, the reports are not completed with evidentiary admissibility in mind. Courts are increasingly concerned by double hearsay and other evidentiary problems that ...


Make Airlines Great Again: Why Bankruptcy Went From A Dirty Word To A Strategy, And A Proposal To Bring It Back, Klayton Sweitzer Hiland 2018 Southern Methodist University, Dedman School of Law

Make Airlines Great Again: Why Bankruptcy Went From A Dirty Word To A Strategy, And A Proposal To Bring It Back, Klayton Sweitzer Hiland

Journal of Air Law and Commerce

No abstract provided.


Navigating The Federal Sentencing Guidelines: Considerations Of Equitable Impact After United States V. Trinidad, Jonathan Petree 2018 Southern Methodist University

Navigating The Federal Sentencing Guidelines: Considerations Of Equitable Impact After United States V. Trinidad, Jonathan Petree

Journal of Air Law and Commerce

No abstract provided.


Airport Security Screeners: In Your Face And Above The Law, Luke Strieber 2018 Southern Methodist University

Airport Security Screeners: In Your Face And Above The Law, Luke Strieber

Journal of Air Law and Commerce

No abstract provided.


Minimum International Norms For Managing Space Traffic, Space Debris, And Near Earth Object Impacts, Paul B. Larsen 2018 Georgetown University Law Center

Minimum International Norms For Managing Space Traffic, Space Debris, And Near Earth Object Impacts, Paul B. Larsen

Journal of Air Law and Commerce

No abstract provided.


Antitrust Immunity For Joint Ventures Among Alliance Airlines, Fred Lazar 2018 York University

Antitrust Immunity For Joint Ventures Among Alliance Airlines, Fred Lazar

Journal of Air Law and Commerce

This article addresses four fundamental questions:

1. If joint ventures and, particularly, metal-neutral joint ventures produce significant benefits for consumers, then why not grant them antitrust immunity while subjecting them to periodic reviews that ensure benefits continue to materialize and exceed the potential costs of lessening competition?

2. Alternatively, why not grant antitrust immunity to a joint venture with a time limit and subject it to another review on whether the immunity should be extended for another fixed period of time?

3. Or, why not attach conditions other than carve-outs to any immunized joint ventures?

4. Finally, should immunity have ...


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