Aviation Law

by Jarvis, Robert M.; Crouse, James T.; Fox, James R.; Walden, Gregory S.

• ISBN13: 9781594600302
• ISBN10: 1594600309
• Format: Hardcover
• Copyright: 2006-03-01
• Publisher: Carolina Academic Press

Summary

This new casebook, the most comprehensive ever written about the subject, is sure to be a hit with both students and instructors. Unlike previous works, which have treated aviation law as a narrow and technical specialty, this text is driven by a broad and unique vision. Through the use of contemporary cases, extensive notes, intriguing problems, and frequent references to popular culture, it is the first to make clear just how large a role aviation plays in everyday life and explain why all lawyers can profit from having at least a passing familiarity with the field. The text-fresh and crisply written-is organized into six chapters that can be taught as sequenced or in an instructor's preferred order. After an introductory chapter that explains the principles of flight, identifies the sources of aviation law, and reflects on the ethical challenges faced by aviation practitioners, the book proceeds to look at the legal issues surrounding aircraft, airmen (pilots, mechanics, flight attendants), airlines (both passenger and cargo), and airports.Inside the book users will find 112 principal readings, 168 notes, 25 problems, and 30 appendices. The principal readings are drawn from a rich variety of sources, including cases, law review and bar journal articles, newspaper reports, and legislative and executive pronouncements. The notes both expand on the principal readings and provide commentary on additional issues and subjects. The problems, one for each section, allow students to quickly determine if they have successfully mastered the materials they have just read. And the appendices reproduce the most important air treaties-from Paris (1919) and Warsaw (1929) to Montreal (1999) and Cape Town (2001)-thereby further increasing the book's utility and flexibility (while obviating the need for students to purchase and carry with them a separate statutory supplement). A particularly distinguishing feature of the book is its focus on the social history of aviation. Thus, sprinkled liberally throughout the notes are references to the men and women who have become part of aviation lore, including the Wright Brothers, Charles Lindbergh, Amelia Earhart, Howard Hughes, Chuck Yeager, D.B. Cooper, and Jessica Dubroff. Also covered are notable historical incidents, such as the 1948 Berlin Airlift, the 1960 U-2 spy plane crisis, the 1976 Entebbe Airport raid, and the 1983 U.S.S.R. shoot-down of a civilian airliner. As one would expect, special attention is paid to 9/11 and its aftermath-from the renaming of Newark International Airport to the numerous changes that have been made in boarding procedures to the dispute over how to compensate the victims and their families.The notes also draw heavily from popular culture. Thus, students learn not only from treaties, cases, and statutes, but from such varied and fun fare as Erica Jong's Fear of Flying, Donald Trump's The Apprentice, and that TV show "about nothing" (Seinfeld). As a result, students are far more likely to come to class prepared, excited, and eager to participate. Lastly, the Teacher's Manual will help both new and experienced instructors get the most out of the book. In addition to comprehensively analyzing the text, it offers tips for preparing extra credit assignments, leading field trips, tapping guest speakers, and incorporating video clips into class presentations.

Author Biography

Robert M. Jarvis is a professor of law at Nova Southeastern University.James T. Crouse is a senior lecturing fellow at Duke University.James R. Fox is a professor of law at Pennsylvania State University.Gregory S. Walden is an adjunct professor of law at George Mason University.

Table of Contents

Table of Cases	xv
Preface	xxi
Acknowledgments	xxiii
About the Authors	xxv
Introduction	3	(104)
Overview	3	(1)
The Challenge of Flight	3	(15)
Pilot's Handbook of Aeronautical Knowledge	3	(2)
Aviation History	5	(9)
Japan has Designs on a New Concorde	14	(1)
House Resolution 500	15	(1)
Notes	16	(1)
Problem 1	17	(1)
Sources of Aviation Law	18	(54)
Legislation	18	(1)
A Comparative Analysis of the Aviation Network within the European Community and the Ad-Hoc Network Between the United States and Central America	18	(2)
Ultralight Aircraft: A Need For Better Regulation Than 14 C.F.R. § 103	20	(2)
Transportation: A Legal History	22	(1)
Notes	23	(7)
Problem 2	30	(1)
Case Law	31	(1)
Guille v. Swan	31	(1)
Crosby v. Cox Aircraft Company of Washington	32	(10)
Virgilio Ex Rel. Virgilio v. City of New York	42	(7)
Notes	49	(1)
Problem 3	50	(1)
Statecraft	51	(1)
What Happened Next?	51	(1)
Alejandre v. Republic of Cuba	52	(9)
Solicitation, Offer and Award	61	(3)
Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria	64	(1)
Civilian-Jet Antimissle System Starts to Take Shape, Firms Say	65	(1)
Europeans Probe Secret Cia Flights	66	(1)
Notes	67	(5)
Problem 4	72	(1)
Professional Responsibility	72	(35)
The General Aviation Case	72	(3)
Matter of Anis	75	(6)
Dempsey v. Associated Aviation Underwriters	81	(5)
Krieger v. Adler, Kaplan & Begy	86	(8)
In the Matter of Eddleman	94	(7)
Notes	101	(4)
Problem 5	105	(2)
Aircraft	107	(110)
Overview	107	(1)
Documentation	107	(22)
Jet Way: How To Buy and Keep That Corporate Plane	107	(2)
Ickes v. Federal Aviation Administration	109	(4)
Air One Helicopters, Inc. v. Federal Aviation Administration	113	(5)
Lewistown Propane Company v. Ford	118	(3)
Creston Aviation, Inc. v. Textron Financial Corporation	121	(3)
Koppie v. United States	124	(2)
Notes	126	(3)
Problem 6	129	(1)
Taxes	129	(20)
Wardair Canada, Inc. v. Florida Department of Revenue	129	(6)
Citgo Petroleum Corporation v. United States	135	(4)
American Airlines, Inc. v. Johnson	139	(3)
Executive Aircraft Consulting, Inc. v. City of Newton	142	(7)
Notes	149	(1)
Problem 7	149	(1)
Liability	149	(20)
Alaskan Oil, Inc. v. Central Flying Service, Inc.	149	(3)
Turbines, Inc. v. Dardis	152	(12)
Prompt Air, Inc. v. Firewall Forward, Inc.	164	(3)
Notes	167	(2)
Problems	169	(1)
Defenses	169	(29)
Cleveland v. Piper Aircraft Corporation	169	(5)
Godwin Aircraft, Inc. v. Houston	174	(3)
Burroughs v. Precision Airmotive Corp.	177	(6)
Gray v. Lockheed Aeronautical Systems Company	183	(6)
Bahsoon v. Pezetel, Ltd.	189	(4)
Notes	193	(4)
Problem 9	197	(1)
Venue and Choice of Law	198	(19)
Lacey v. Cessna Aircraft Company	198	(11)
In Re Air Crash Disaster at Sioux City, Iowa, On July 19, 1989	209	(5)
Notes	214	(1)
Problem 10	215	(2)
Airmen	217	(126)
Overview	217	(1)
Pilots	217	(41)
Abdullah v. American Airlines, Inc.	217	(7)
Lindsay v. National Transportation Safety Board	224	(4)
Del Balzo v. Collier	228	(3)
United States Aviation Underwriters, Inc. v. National Insurance Underwriters	231	(3)
Jetcraft Corporation v. Flightsafety International, Inc.	234	(6)
Coleman v. Windham Aviation Inc.	240	(7)
Goodlett v. Kalishek	247	(5)
Notes	252	(5)
Problem 11	257	(1)
Mechanics	258	(18)
Borregard v. National Transportation Safety Board	258	(2)
Fant v. Champion Aviation, Inc.	260	(3)
Haimberg v. R & M Aviation, Inc.	263	(6)
Lock v. Packard Flying Service, Inc.	269	(2)
Jarmuth v. Aldridge	271	(4)
Notes	275	(1)
Problem 12	276	(1)
Flight Attendants	276	(44)
Frank v. United Airlines, Inc.	276	(9)
Gordon v. United Airlines, Inc.	285	(13)
Rose v. Midwest Express Airlines, Inc.	298	(4)
Ferris v. Delta Air Lines, Inc.	302	(7)
Straka v. Francis	309	(6)
Duncan v. Northwest Airlines, Inc.	315	(3)
Notes	318	(2)
Problem 13	320	(1)
Collective Bargaining	320	(23)
Airline Labor Disruptions: Is the Rla Still Adequate?	320	(3)
Kaufman v. Allied Pilots Association	323	(3)
Hawaiian Airlines, Inc. v. Norris	326	(5)
Airline Pilots Association, International, Afl-Cio v. Taca International Airlines, S.A.	331	(6)
Ramey v. District 141, International Association of Machinists and Aerospace Workers	337	(3)
Notes	340	(2)
Problem 14	342	(1)
Passengers	343	(142)
Overview	343	(1)
Domestic Travel	343	(82)
Spirit Airlines, Inc. v. Northwest Airlines, Inc.	343	(11)
In Re Northwest Airlines Corp. Antitrust Litigation	354	(12)
In Re American Airlines, Inc. Privacy Litigation	366	(10)
Stone v. Continental Airlines	376	(6)
Rubin v. United Air Lines, Inc.	382	(13)
Deterra v. America West Airlines, Inc.	395	(5)
Stagl v. Delta Air Lines, Inc.	400	(3)
J.C. Penney Life Insurance Company v. Pilosi	403	(7)
Notes	410	(15)
Problem 15	425	(1)
International Travel	425	(60)
Robertson v. American Airlines, Inc.	425	(4)
Schopenhauer v. Compagnie Nationale Air France	429
Paradis v. Ghana Airways Limited	437	(6)
Olympic Airways v. Husain	443	(11)
Ehrlich v. American Airlines, Inc.	454	(9)
In Re Air Crash Disaster Near Peggy's Cove, Nova Scotia on September 2, 1998	463	(5)
In Re Air Crash at Taipei, Taiwan, On October 31, 2000	468	(9)
Stethem v. Islamic Republic of Iran	477	(2)
Notes	479	(4)
Problem 16	483	(2)
Cargo	485	(66)
Overview	485	(1)
Suits Against Carriers	485	(38)
Fair Opportunity	485	(1)
Welliver v. Federal Express	485	(3)
Dover Farms, Inc. v. American Air Lines, Inc.	488	(2)
Kesel v. United Parcel Service, Inc.	490	(4)
Notes	494	(2)
Problem 17	496	(1)
Notice	497	(1)
Dalton v. Delta Airlines, Inc.	497	(3)
Stud v. Trans International Airlines	500	(3)
G. D. Searle & Co. v. Federal Express Corporation	503	(1)
Notes	504	(1)
Problem 18	505	(1)
Damages	505	(1)
Sotheby's v. Federal Express Corporation	505	(7)
Caporicci Footwear, Ltd. v. Federal Express Corporation	512	(2)
Hampton v. Federal Express Corporation	514	(7)
Notes	521	(2)
Problem 19	523	(1)
Suits Against Third Parties	523	(28)
Federal Express Corporation v. United States Postal Service	523	(3)
Royal Insurance v. Amerford Air Cargo	526	(5)
Hih Marine Insurance Services, Inc. v. Gateway Freight Services	531	(6)
Continental Time Corp. v. Merchants Bank of New York	537	(2)
John & Jane Roes, 1--100 v. Fhp, Inc.	539	(3)
Notes	542	(6)
Problem 20	548	(3)
Airports	551	(130)
Overview	551	(1)
Construction	551	(35)
Griggs v. County of Allegheny	551	(5)
Northwest Airlines, Inc. v. Federal Aviation Administration	556	(6)
Citizens Against Burlington, Inc. v. Busey	562	(11)
Pinczkowski v. Milwaukee County	573	(9)
Notes	582	(3)
Problem 21	585	(1)
Use	586	(35)
City of Burbank v. Lockheed Air Terminal Inc.	586	(11)
City of Naples Airport Authority v. Federal Aviation Administration	597	(4)
Western Air Lines, Inc. v. Port Authority of New York and New Jersey	601	(2)
City of Los Angeles v. United States Department of Transportation	603	(4)
Park Shuttle N Fly, Inc. v. Norfolk Airport Authority	607	(10)
Notes	617	(3)
Problem 22	620	(1)
Security	621	(16)
International Society For Krishna Consciousness, Inc. v. Lee	621	(5)
United States v. Marquez	626	(4)
People v. Barron	630	(4)
Notes	634	(3)
Problem 23	637	(1)
Air Traffic Control	637	(31)
Yap v. Slater	637	(7)
Abrisch v. United States	644	(12)
Lakomy v. United States	656	(8)
Notes	664	(4)
Problem 24	668	(1)
Concessionaires	668	(13)
Jerrico, Inc. v. Jerry's, Inc.	668	(2)
Haskins v. Trans World Airlines, Inc.	670	(2)
Metropolitan Dade County v. CBM Industries of Minnesota, Inc.	672	(2)
Notes	674	(5)
Problem 25	679	(2)
APPENDICES	681	(262)
Appendix 1 Convention Relating to the Regulation of Aerial Navigation	683	(9)
Appendix 2 Convention for the Unification of Certain Rules Relating to International Transportation by Air	692	(11)
Appendix 3 Convention on International Civil Aviation	703	(24)
Appendix 4 International Air Services Transit Agreement	727	(3)
Appendix 5 International Air Transport Agreement	730	(4)
Appendix 6 Convention on the International Recognition of Rights in Aircraft	734	(6)
Appendix 7 Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface	740	(12)
Appendix 8 Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929	752	(8)
Appendix 9 Convention Supplementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier	760	(4)
Appendix 10 Convention on Offences and Certain Other Acts Committed on Board Aircraft	764	(7)
Appendix 11 Montreal Intercarrier Agreement Relating to Liability Limitations of the Warsaw Convention and the Hague Protocol	771	(2)
Appendix 12 Convention for the Suppression of Unlawful Seizure of Aircraft	773	(5)
Appendix 13 Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 October 1929, as Amended by the Protocol Done at the Hague on 28 September 1955	778	(8)
Appendix 14 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation	786	(6)
Appendix 15 Additional Protocol No. 4 to the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on October 12, 1929, as Amended by the Protocol Done at the Hague on September 28, 1955	792	(9)
Appendix 16 Agreement Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Air Services	801	(15)
Appendix 17 Protocol to Amend the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface Signed at Rome on 7 October 1952	816	(7)
Appendix 18 United Nations Convention on International Multimodal Transport of Goods	823	(17)
Appendix 19 Protocol Relating to an Amendment to the Convention on International Civil Aviation	840	(3)
Appendix 20 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Done at Montreal, on 23 September 1971	843	(3)
Appendix 21 Convention on the Marking of Plastic Explosives for the Purpose of Detection	846	(6)
Appendix 22 Agreement to Ban Smoking on International Passenger Flights	852	(2)
Appendix 23 IATA Intercarrier Agreement on Passenger Liability	854	(1)
Appendix 24 Agreement on Measures to Implement the IATA Intercarrier Agreement	855	(2)
Appendix 25 ATA Provisions Implementing the IATA Intercarrier Agreement to Be Included in Conditions of Carriage and Tariffs	857	(2)
Appendix 26 Convention for the Unification of Certain Rules for International Carriage by Air	859	(17)
Appendix 27 Multilateral Agreement on the Liberalization of International Air Transportation	876	(15)
Appendix 28 Convention on International Interests in Mobile Equipment	891	(23)
Appendix 29 Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment	914	(16)
Appendix 30 United States Model Open Skies Agreement	930	(13)
Index	943