General aviation groups ask Congress to support flight-tracking privacy
May 18, 2011 at 9:08 am | Posted in Aviation Law Current Event | Leave a commentby Sara M. Langston with the blog faculty
Source: AOPA
AOPA, the Experimental Aircraft Association (EAA), and the National Business Aviation Association (NBAA) sent a letter to Congressional leaders May 13 requesting support for a provision in the House FAA reauthorization bill that would preserve the congressionally enabled Block Aircraft Registration Request (BARR) program. The House and Senate are working out the differences in a long-term FAA bill, and the Senate FAA bill does not include the provision preserving the BARR program.
The BARR program gives aircraft owners and operators the ability to “opt out” of having their aircraft’s movements electronically broadcast to nongovernment entities by commercial flight-tracking services. In the letter, the associations pointed out that under the BARR program, the FAA, Department of Homeland Security, and law enforcement agencies always retain their ability to track general aviation aircraft movements, but GA operators are provided the ability to “opt out” of having their real-time private movements disseminated beyond the government to unknown third parties throughout the world. [Full story]
Paul Dembling, Co-Author of Space Act, Dies at 91
May 18, 2011 at 8:47 am | Posted in Space Law | Leave a comment
Source – NASA:
Paul Dembling, Co-Author of Space Act, Dies at 91
05.17.11As general counsel to NASA’s precursor, the National Advisory Committee for Aeronautics (NACA), Dembling helped shape the agency’s legislative charter, the National Aeronautics and Space Act of 1958. In a 1992 interview, Dembling described the process of drafting the bill.
“A lot of the policy aspects of it were done quickly,” Dembling said. “But the functions and the authorities that were embodied in that piece of legislation were well thought out and very well considered.”
Dembling was born in Rahway, N.J., on Jan. 11, 1920. He earned a bachelor’s degree in economics in 1940 and a master’s degree in 1942 from Rutgers University. He earned a J.D. from George Washington University Law School, where he served as an editor of the law review.
After NASA became operational, Dembling joined the staff, eventually becoming the agency’s general counsel. He also managed the agency’s Legislative Affairs Office under Administrator James Webb, and served as a deputy associate administrator before retiring in December 1969.
“Of all the jobs I have had and things I have done, I am most pleased with the creation of the legislation for NASA,” Dembling said in a 2002 interview.
Brazil judge convicts two US pilots but suspends prison
May 17, 2011 at 2:44 pm | Posted in Aviation Law Current Event | Leave a commentby Sara M. Langston with the blog faculty
Source: Associated Press
SAO PAULO – A Brazilian federal judge has convicted two American pilots for their role in an airline crash that killed 154 people, but ordered them to perform more than four years of community service in the U.S. instead of going to prison.
Federal Judge Murilo Mendes said in his ruling that pilots Joseph Lepore of Bay Shore, New York, and Jan Paladino of Westhampton Beach, New York, were negligent for not verifying that anti-collision equipment and a device that would have alerted controllers to their location were functioning in the Embraer Legacy 600 executive jet they were flying. They have both denied that accusation. [Full story]
China undergoing regulatory changes benefiting private aviation
May 17, 2011 at 1:31 pm | Posted in Aviation Law Current Event | Leave a commentby Sara M. Langston with the blog faculty
Source: NY Times
China’s tightly controlled skies and cumbersome regulations have stifled the development of a market for private jets. Now, regulatory changes and new infrastructure are feeding hopes among jet manufacturers that the market is finally poised for takeoff. [Full story]
Pakistan approves space framework agreement with China
May 17, 2011 at 9:48 am | Posted in Space Law Current Events | Leave a commentby Sara M. Langston with the blog faculty
Source: Daily Times Pakistan
The cabinet also granted approval in principle to start negotiations and signing of the draft of the third Frame Agreement between Space and Upper Atmosphere Research Commission (SUPARCO) and China National Space Administration (CNSA) on cooperation in space science and technology.
Ratification: Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations
May 17, 2011 at 9:11 am | Posted in Space Law | Leave a commentby P.J. Blount with the blog faculty
Iceland has ratified the Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations according to the United Nations Treaty Division.
Texas House of Representatives passes bill banning TSA airport “groping”
May 16, 2011 at 2:15 pm | Posted in Aviation Law Current Event | Leave a commentby Sara M. Langston with the blog faculty
Source: Reuters
The Texas House of Representatives late on Thursday approved a bill that would make invasive pat-downs at Texas airports a crime, after a former Miss USA said she felt “molested” at the Dallas/Fort Worth airport last month.
Transportation Security Administration agents could be charged with a misdemeanor crime, face a $4,000 fine and one year in jail under the measure.
The measure’s author, Republican David Simpson, said: “Indecent groping searches when innocent travelers are seeking access to airports and public buildings would be outlawed under this bill.”
The bill needs a final vote from the House before it would go to the Senate. [Full story]
Possible federal aid cuts could jeopardize air service in small communities
May 16, 2011 at 2:12 pm | Posted in Aviation Law Current Event | Leave a commentby Sara M. Langston with the blog faculty
Source: Weau.com
The U.S. House of Representatives voted to phase out the “Essential Air Service” program. This program helps smaller airports stay afloat. It offers carriers a financial incentive not to drop lightly traveled routes. [Full story]
Library: A Round-up of Reading
May 16, 2011 at 10:40 am | Posted in Library | Leave a commentArticles
Air & Space Law, Volume 36, Number 2:
# Editorial
Pablo Mendes de Leon
p.97-98
# The Montreal Convention 1999 and the Decisions of the ECJ in the Cases of IATA and Sturgeon – in Harmony or Discord?
Robert Lawson, Tim Marland
p.99-108
# Sovereignty and the Chicago Convention: English Court of Appeal Rules on the Northern Cyprus Question
Mark Franklin
p.109-116
# Metal Neutrality and the Nation-Bound Airline Industry
Paul V. Mifsud
p.117-130
# The Concorde Accident Criminal Trial in France
Sean Gates, Maud Marian
p.131-138
# Satellite Financing through Hosted Payloads: Benefits and Challenges
Maria Buzdugan
p.139-160
# UAV’s: Their Integration into Non-segregated Airspace
Stefan A. Kaiser
p.161-172
# Report on the 22nd Annual Conference of the EALA
Francesco Fiorilli
p.173-179
Journal of Air Law and Commerce, Volume 76, Number 1, Winter 2011
# ARTICLES
# Psychiatric Injury in Aviation Accidents Under the Warsaw and Montreal Conventions: The Interface Between Medicine and Law
Christopher Andrews, Vernon Nase
p.3
# Cost Sharing in Air-Service Provision
David Timothy Duval, Niven Winchester
p.77# SPEECHES
# Why Civil-Military Integration of Yokota Air Force Base Makes Sense for Purposes of Promoting Mutual Cooperation Between the United States and Japan
Allan I. Mendelsohn
p.99# CASE NOTES
# Twombly and Parallel Conduct–How the Sixth Circuit Grounded In Re Travel Agent commission Antitrust Litigation
Natalie N. DuBose
p.111
# The First Amendment–Determining Whether a Total Ban on Newspaper Racks in a Public Airport’s Terminals Raises a Genuine Issue of Material Fact Concerning Its Constitutionality
Laura McKenery
p.119
# Ripe, Riper, Ripest? The Ninth Circuit’s Decision in Addington v. U.S. Airline Pilots Association Sets a Misguided Ripeness Standard for Duty of Fair Representation Claims
R.J. Pathroff
p.127
# Pilots Denied Relief–By Narrowly Construing “Prevailing Parties” Under the EAJA, the D.C. Circuit Allows the FAA to Run Amok
Scott Lars Rogers
p.135
# Successor Employers’ Obligations Under a Preexisting Collective Bargaining Agreement: The Second Circuit Misinterprets Supreme Court Decisions and Sets a Harmful Precedent
Kevin A. Teters
p.143
Reports
Space Acquisitions: DOD Delivering New Generations of Satellites, but Space System Acquisition Challenges Remain. GAO-11-590T May 11, 2011.
ESPI Perspective 46: “European Commission Communication “Towards a space strategy for the European Union that benefits its citizens” – Towards a Lisbon Generation Competence?”
Blogs
Missiles, You’ve Been Warned: New Sat Has Its Orbiting, Infrared Eye on You – Danger Room
Florida Legislature Delivers $43+ Million For Space Industry – RLV and Space Transport News
Mike Gold, Monday, 5-9-11 – The Space Show
Advocacy Group Proposes to Sue Drone Operators in the US – Lawfare
Another turn at the plate for export control reform – Space Politics
Europeanizing American Space Activities by Stealth – Pajamas Media
Export control reform followup – Space Politics
Don’t worry, there’s only a little bit of poison in the cabin air today – Learnmount
COMSTAC meeting – RLV and Space Transport News
Cabotage – Aviation Law Prof Blog
Senators Grill Apple and Google over Location Tracking and Privacy – Privacy and Security Law Blog
Space transportation policy review underway – Space Politics
FAA To Hold Public Meeting Re: Owner Trustee Registration Of Aircraft – Aviation Law Discussions
Texas House of Representatives Seeking to Ban Current TSA Pat-Down – The TSA Blog
H.R. 1893: To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend the airport improvement program, and for other purposes
May 16, 2011 at 10:28 am | Posted in Aviation Law | Leave a commentby P.J. Blount with the blog faculty
H.R. 1893: To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend the airport improvement program, and for other purposes was introduced on May 13, 2011 by Rep. John Mica (R-FL7).
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