Fundamentals of Aviation Law

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.

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 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

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

FREE SHIPPING

Amazon no longer offers textbook rentals. We do!

Fundamentals of Aviation Law

Summary

Author Biography

Table of Contents

Supplemental Materials