Fundamentals of Aviation Law

by Speciale, Raymond

• ISBN13: 9780071458672
• ISBN10: 0071458670
• Edition: 1st
• Format: Hardcover
• Copyright: 2006-06-13
• Publisher: McGraw-Hill Education

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