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By James H. Burnley IV and Andrew E. Bigart
The authors examine the DOT's statutory authority to investigate and prohibit unfair methods of competition involving air carriers and ticket agents. They argue that in a deregulated industry environment, the DOT's authority should not extend beyond the bounds of the antitrust laws to unilateral conduct, such as an airline’s refusal to participate in an interline or distribution agreement.
By Drew M. Derco and Dayan M. Hochman
An assessment of the DOT's recent decision to use negotiated rulemaking to develop new regulations governing the nondiscriminatory transportation by air of passengers with disabilities. The authors conclude that while negotiated rulemaking may be a worthy alternative to traditional notice-and-comment rulemaking, it will only be effective if the issues to be addressed are amenable to collaboration and resolution among stakeholders with inherently conflicting interests.
By David Y. Bannard
The tension between U.S. airports' desire to use airport revenues, Airport Improvement Program grants, and passenger facility charges to enhance their ground access facilities and federal restrictions on the permissible uses of such funds is addressed. The author offers a series of proposals to provide airports greater flexibility to finance development projects.
By Jacob Tewes and Danielle Miller
A look at the Seventh Circuit's decision in Junhong v. Boeing, a case that arose from the June 2013 crash of an Asiana Airlines aircraft at San Francisco International Airport. The authors analyze the court’s adjudication of the case’s removability on the basis that the defendant was "acting under" the authority of a federal agency, focus on the court's application of admiralty jurisdiction (the aircraft collided with a seawall separating the ocean from the end of the runway), and argue that the court’s decision may have implications for the commercial spaceflight industry.
By Monica R. Hargrove
Welcome to the second issue of The Air & Space Lawyer for 2016! The Forum on Air and Space Law enjoyed successful conferences this past spring and is busy preparing for its Annual Conference in September.
By David Heffernan
Editor David Heffernan provides a brief summary of each of the articles in this issue.