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Journal of Air Law & Commerce
SMU Law Review
 


The Current Issue Of The Journal of Air Law & Commerce


Recent Developments in Aviation Law 207-304  
Oliver Beiersdorf, Jennifer A. Guidea

This article is an overview of recent developments in aviation law. Areas of concentration include the Federal Aviation Act of 1958, the Foreign Sovereign Immunities Act, and the Warsaw and Montreal Conventions, among many others. Brief synopses of pertinent cases and their dispositions are classified according to their subject matter and relation to major areas of aviation law.

   
The Evolution of the Us Airline Industry: Technology, Entry, and Market Structure - Three Revolutions - 305-349  
Eldad Ben-Yosef

This article discusses the evolution of the commercial airline industry in the United States, focusing on the interaction and co-evolution of aircraft technology and airline markets, and on the relationship between innovation and competition in the aircraft market and the airline market. The first part discusses how the aircraft and airline markets appeared to be locked into dominant positions during the 1990s. The rest of the article, however, discusses how the short-haul, medium-haul low-cost, and long-haul revolutions subsequently altered this dominant framework. Finally, the author explores possibilities for future potential disruptions in the aircraft and airline markets.

   
Airline Challenges to Airport Abuses of Economic Power 351-367  
Roy Goldberg

   
Overcoming U.S. Citizenship Hurdles for Aircraft Financiers 369-378  
Joseph W. Hardy, Jr.

A business even partially owned by a non-U.S. person or entity wishing to lease or provide debt financing for an aircraft in the United States can face many hurdles. Often, the principal hurdle is the requirement that an aircraft registered in the United States be registered in the name of a U.S. citizen. This Article discusses issues facing an aircraft owner, lessor and/or secured lender that is partially or wholly owned by a non-U.S. person or entity, and options for overcoming those hurdles. This Article was developed from research and analysis conducted for a U.S. subsidiary of a foreign bank, facing just this situation as part of its ongoing business. I have also counseled non-financial institutions that wished to lease or lend against an airplane in special, non-recurring situations. Accordingly, this Article should interest and benefit many readers.

   
The Dormant Commerce Clause - Economic Protectionism and State Tax Incentives - The Supreme Court of Wisconsin Holds That Tax Exemptions for Air Carriers Based Solely on the Amount of Business Done With the State Survive Dormant Commerce Clause Review: Northwest Airlines, Inc. v. Wisconsin Department of Revenue 381-389  
Amber M. Billingsley

   
Antitrust - Predatory Pricing - Sixth Circuit Incorrectly Uses Post-Chicago Economics and Analysis of Non-Price Predation to Overturn Summary Judgment Granted to an Antitrust Defendant: Spirit Airlines, Inc. v. Northwest Airlines, Inc. 391-400  
Casey Burton

   
Airline Liability - The Warsaw Convention - Fifth Circuit Rules that Holding a Passenger's Baggage for Ransom Is Not Actionable Under the Warsaw Convention:Mbaba V. Societe Air France 401-408  
Steve Mann

   
Business Interruption Claims in the Aftermath of the September 11 Terrorist Attacks - Dispute as to Scope of Coverage in Ambiguous Insurance Policies: United Airlines, Inc. v. Insurance Company of the State of Pennsylvania 409-417  
Alyson Moses

   
Public Forums - Is the Airspace Above a Public Forum Also a Public Forum? - The Ninth Circuit's Narrow Interpretation of the Public Forum Doctrine Results in Another Barrier For Freedom of Expression: Center For Bio-Ethical Reform, Inc. v. City & County of Honolulu 419-426  
Jessica A. Sheridan