9780071458672

Fundamentals of Aviation Law

by
  • ISBN13:

    9780071458672

  • ISBN10:

    0071458670

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 6/13/2006
  • Publisher: McGraw-Hill Education

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Summary

This authoritative text offers a comprehensive introduction to aviation law. Written by lawyer/pilot Raymond C. Speciale, one of the field's foremost experts, Fundamentals of Aviation Law covers every important area where law and aviation intersect.

Author Biography

Raymond Speciale (Frederick, MD) is a practicing attorney with Yodice Associates, counsel to the Aircraft Owners and Pilots Association (AOPA) since 1962. He teaches aviation law at Mount St. Mary’s University. He is also a pilot and flight instructor. He is a member of the Lawyers-Pilots Bar Association, the National Transportation Safety Board Bar Association. He writes pamphlets and teaches seminars for the AOPA.

Table of Contents

Table of Figures
xi
Table of Cases
xiii
Reviewers xv
About the Author xvii
Preface xix
Acknowledgments xxi
Fundamentals of the U.S. Legal System
1(36)
Introduction to the Law
2(1)
Functions of the law
2(1)
Sources of law
3(3)
Classifications of law
6(2)
Law, ethics, and morals
8(1)
Effective legal systems
9(2)
Dispute Resolution
11(1)
Court system
11(2)
Jurisdictional matters
13(4)
Litigation process
17(8)
Alternative methods of dispute resolution
25(1)
Basics of Legal Research
26(1)
Case law
26(1)
Statutes and regulations
27(1)
Law review articles
27(1)
Cases and Commentary
27(4)
Discussion Cases
31(5)
Endnotes
36(1)
The U.S. Constitution and Aviation
37(30)
Overview of the U.S. Constitution
38(1)
Structure and organization of the federal government
39(2)
Distribution of authority between the federal and state governments
41(8)
Basic rights of individuals and businesses
49(3)
Cases and Commentary
52(7)
Discussion Cases
59(5)
Endnotes
64(3)
Impact of Criminal Law on Airmen and Air Carriers
67(24)
Basics of Criminal Law
68(1)
Classifications of criminal law
68(1)
Elements
69(1)
Criminal procedure
69(2)
Constitutional protections for defendants
71(3)
Criminal Laws Affecting Aviation Activities
74(1)
Federal provisions
74(2)
State provisions
76(1)
Cases and Commentary
76(7)
Discussion Cases
83(6)
Endnotes
89(2)
Tort Liability and Air Commerce
91(28)
Intentional Torts
93(1)
Intentional torts against persons
93(2)
Intentional torts against property
95(2)
Negligence
97(1)
Elements of negligence
97(5)
Defenses to negligence
102(2)
Wrongful Death
104(1)
Strict Product Liability
104(1)
Elements
104(1)
Defenses to strict product liability
105(3)
Cases and Commentary
108(6)
Discussion Cases
114(3)
Endnotes
117(2)
Administrative Agencies and Aviation
119(40)
Administrative Agencies
121(1)
Department of Transportation
122(1)
Federal Aviation Administration
122(1)
National Transportation Safety Board
123(1)
Functions of Administrative Agencies
123(1)
Rulemaking
124(2)
Enforcement
126(5)
Adjudication
131(2)
Special considerations in FAA matters
133(5)
Checks on Administrative Agencies
138(1)
Oversight by traditional branches of government
138(2)
Equal Access to Justice Act
140(1)
Freedom of Information Act
141(1)
Privacy Act
141(1)
Sunshine Act
142(1)
Cases and Commentary
142(11)
Discussion Cases
153(3)
Endnotes
156(3)
Commercial Law Applications to Aviation-Related Transactions
159(32)
Contracts
160(1)
Mutual agreement
160(1)
Consideration
161(1)
Capacity
162(1)
Lawfulness
162(2)
Defenses to contracts
164(3)
Rights, duties, and remedies for breach
167(3)
Sales Law
170(1)
Sales law versus contract law
171(1)
Warranties
171(2)
Transfer of title and risk of loss
173(1)
Debtor-Creditor Legal Issues
174(1)
Credit---unsecured and secured
175(2)
Bankruptcy
177(2)
Cases and Commentary
179(8)
Discussion Cases
187(2)
Endnotes
189(2)
Entity Choice for Aviation Enterprises
191(26)
The Sole Proprietorship
192(1)
Establishing a sole proprietorship
192(1)
Liability issues for sole proprietors
193(1)
Taxation of sole proprietorships
193(1)
Partnerships
194(1)
Establishing a partnership
194(1)
Operation of a partnership
194(1)
Liability issues for partnerships
195(1)
Ownership of assets
196(1)
Taxation of partnerships
196(1)
Termination of a partnership
197(1)
Limited Partnerships
197(1)
Establishing a limited partnership
198(1)
Liability of general and limited partners
198(2)
Taxation of limited partnerships
200(1)
Limited Liability Company
200(1)
LLC formation
200(1)
LLC operating agreement
200(1)
Liability of LLC members
201(1)
LLC taxation
202(1)
Corporations
202(1)
Formation of a corporation
203(1)
Operating the corporation
204(1)
Duties of directors and officers
204(1)
Liability issues for corporations and shareholders
205(1)
Taxation of corporations
206(2)
Cases and Commentary
208(4)
Discussion Cases
212(5)
Property Law Issues for Aircraft Owners and Airport Operators
217(36)
Real Property
218(1)
Ownership rights in real property
219(1)
Multiple ownership
219(1)
Transfers of real property
220(1)
Easements
221(1)
Local zoning issues
221(1)
Leasing
222(1)
Airports
223(1)
Personal Property
224(1)
Tangible property
224(6)
Intangible property
230(1)
Insurance
230(1)
Hull insurance and liability insurance
231(1)
The insurance contract
232(2)
Other types of insurance
234(2)
Cases and Commentary
236(11)
Discussion Cases
247(4)
Endnotes
251(2)
Employment Law and the Aviation Industry
253(26)
Agency Law
254(1)
Defining agency
254(1)
Employee versus independent contractor
254(1)
Creating and terminating agency relationships
255(2)
Duties of parties
257(1)
Contract liability
258(1)
Tort liability
259(2)
Labor Unions and Employment
261(1)
Major federal labor union laws
261(1)
Basics of collective bargaining
261(1)
What if collective bargaining fails?
262(1)
Strikes and related issues
263(1)
Employee Protection
263(1)
Employment discrimination
263(2)
Employee safety and security
265(4)
Cases and Commentary
269(7)
Discussion Cases
276(2)
Endnotes
278(1)
International Aviation Law
279(46)
Fundamentals of International Law
280(1)
Origins of international law
280(1)
Public International Aviation Law
281(1)
The beginnings of public international aviation law
281(1)
The Chicago Convention
282(1)
Open skies agreements
283(1)
Private International Aviation Law
283(1)
The Warsaw Convention
284(2)
The Cape Town Convention
286(1)
International Civil Aviation Organization
287(1)
Cases and Commentary
287(8)
Discussion Cases
295(2)
Endnotes
297(2)
Appendices
A Case Briefs
299(4)
B The Constitution of the United States of America
303(18)
C NAS ASRS Form 277B
321(4)
Selected Bibliography 325(2)
Index 327

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