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    Volume 31, Number 2

     

    Business & Corporate

    Pockets of Privatization: A Way Forward for U.S. Airports

    Stephanie Griffin

    Private participation in ownership of public-use airports has been slow to develop in the United States when compared with other countries, despite evidence that privatized airports have significantly higher levels of passenger satisfaction and are more economically productive.1 This lack of private participation is attributable to several factors, including regulatory hurdles, commercial disincentives, and negative public perception, but potential alternatives to complete privatization exist that are becoming increasingly common at U.S. airports.

    Tort

    An Alternative Liability System for Autonomous Aircraft

    Lauren Haertlein

    A surge of technological innovation in autonomous vehicles—including aircraft—is afoot. Companies have become increasingly public about their efforts to develop autonomous and semi-autonomous aircraft that could transform transportation. For these future autonomous aircraft to be incorporated into and thrive in a safe operating environment, a comprehensive regulatory framework and physical infrastructure must exist. In some ways, however, the technological challenges of creating and maintaining such an environment for autonomous aircraft may not be as significant as the legal hurdles.

    Featured Articles

    Mental Health

    Mental Distress for Airline Lawyers: The Sixth Circuit’s Decision in Doe v. Etihad

    David M. Krueger

    The Sixth Circuit’s recent decision in Doe v. Etihad could have significant liability implications for airlines. The court held that passengers may obtain mental distress damages from an air carrier under the Montreal Convention independent of any physical injury suffered. This decision runs counter to decades of precedent under the Montreal and Warsaw Conventions. The author warns that Etihad may make courts in the Sixth Circuit a more attractive venue for plaintiffs’ counsel.

    Federal Government

    DOT and FAA Regulatory Reform under the Trump Administration

    Marina Veljanovska O’Brien and Andrew Orr

    President Donald J. Trump, acting on his campaign promise, initiated an aggressive “regulatory reform” agenda intended to downsize the imprint and reduce the influence of the federal government. After an immediate “regulatory freeze” and initial review of all pending rulemaking at federal agencies, the administration embarked on a novel reform effort aimed at the federal rulemaking process. Through a series of executive orders (EOs), supported by guidance from the Office of Management and Budget (OMB), and his proposed budget to Congress, the president has directed agencies to scrutinize their regulations and other agency actions. This article reviews how the U.S. Department of Transportation (DOT) and the Federal Aviation Administration (FAA) have implemented the president’s regulatory reform agenda.

    Columns

    Air & Space

    Chair’s Message

    Andrea Brantner

    Happy early summer! Have you joined one of our five Committees: Space Law; Consumer Protection; Drones; General, Business and Charter Aviation; or Aviation and Space Finance—or attended one of our webinars or conferences? Have you “liked” our Facebook page or checked out the great pictures of our events? How about our LinkedIn group? If so, let us know how we are doing or what you think we still need to do. If not, get going! There are a lot of exciting things happening at the Forum, and you want to be in on the action! There are always opportunities to get involved and make a mark, so please let me know if you are interested.