Tables of Contents for Aviation Law 2000

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Chapter/Section Title

Page #

Page Count

Preface

Abbreviations

PART I THIS IS AVIATION

The Physical Facts of Flight

General

Takeoffs

Lift

Approaches and Stalls

Landing Surface Needs

Flight Without Power

Lift Factors

Load

Weather

Instrument Flying

Navigation

Night Flight

Propeller Hazards

Over-water, Arctic

Engines

Pilot Factors

Summary

An Aviation/Legal Chronology

PART II THE DEVELOPMENT OF LAW IN THE UNITED STATES

European Background of U.S. Legal Philosophy

General

Origin of Western Law

State and Federal Courts Systems, U.S.

General

States' Rights

State Court Systems

Federal Courts

the Congressional Role

the Executive Role

U.S. Law: Torts, Bailment, Contracts

General

Jurisdiction

Venue

Liability

Negligence

Res Ipsa Loquitur

Bailment

Libel

Salvage

Freedom of Information

Tort Law

Contracts

Insurance

PART III AVIATION AND FEDERAL REGULATION

U.S. Air Law: Its Development Via Federal Legislation

General

Air Commerce Act of 1926

Airmail Act of 1930

Airmail Act of 1934

Civil Aeronautics Acts of 1938

Federal Airport Act of 1946

Federal Aviation Act of 1958

National Aeronautics and Space Act of 1958

Jurisdiction of U.S. District Courts

Department of Transportation Act of 1966

Airport and Airway Development Act of 1970

Airport and Airway Revenue Act of 1970

Noise Control Act of 1972

Transportation Safety Act of 1974

National Climate Program Act of 1978

The Federal Aviation Administration

General

Bureau of Air Commerce and the Civil Aeronautics Administration

Federal Aviation Agency

Federal Aviation Administration

Accident Investigation

National Transportation Safety Board

FAA Today

FAA's Organization

The Civil Aeronautics Board

General

U.S. Regulatory Commissions

Early Developmental Factors

Economic Regulation Begins: Civil Aeronautics Act of 1938

Reorganization Plans, 1940

An Independent CAB

Federal Aviation Act of 1958

Transportation Act of 1966

CAB Organization

Who May Appear Before CAB

1974 in the Senate

Kennedy Statement

Winds of Change

Outmoded Practices, Routes

Air Cargo

Air Freight Forewarders

Need for Legislation

Economics of Deregulation

Slots

Laker Decision

Airline Deregulation Act of 1978

Small Communities Air Service Program

Dormant Routes

Travel Agents

CAB, Consumer Protection

The Sunset Clause

New CAB Chairman, Cohen

Fares Float

International Responses to U.S. Deregulation

International Routes Awarded

International Objections Voiced

The National Transportation Safety Board

115

General

In Air Transportation

Other NTSB Safety Work

Hearings and Records Availability

Organization

PART IV STATE REGULATION

State Aviation Commissions

127

General

State Aviation Regulation

Master Airport Plans

Pilot Registration

State Aircraft Registration

State Taxes, Privately Owned Aircraft

State Taxes, Air Carriers

State Taxes, Aviation Fuels

Taxes on Aviation Businesses

State Financial Responsibility Laws

PART V U.S. LAW AS APPLIED TO THE COMPONENTS OF AVIATION

Aircraft Ownership

139

General

Lines

Warranties

Kinds of Ownership

Assistance for Buyers

Financing and Funding

State Registration of Aircraft

Liabilities

Financial Responsibility

Aircraft Insurance

Maintenance

ELTs

Taxation

Chartered Aircraft

Reporting Accidents

General Aviation, Safety

Stolen Aircraft

Salvage Laws

Homebuilt or Experimental Aircraft

Border Crossings and Export

Airports and Airport Businesses

157

General

Airspace Approval

Certificated Airports

Limited Certificates

Non-certificated Airports

Federal Financial Assistance

General

FAR Part 135

Who May Use

Airport Traffic Patterns

Noise Abatement Factors

Defendants

Airshows

Attractive Nuisance

Airport Lighting

FBOs, Liabiiities

Guests and Invitees

Types of Ownership

Truth in Leasing

Employees

Independent Contractors

Employee Benefits

Discrimination

Security

Tie Down Care

Bailment

Mechanic's Responsibilities

Repair Stations

Aircraft and Equipment Sales

U.S. Airports

General Aviation

Free Passage Right

Deregulation

Need for Small Airports

Airport Planning

Goals, ADAP

Airports Programs

Recent Trends

Airmen: Rights, Responsibilities, Organizations

199

The FARs

Responsibilities of Pilots

Liabilities

Negligence

FAA Enforcement

Immunity

Degrees of Care

Hijacked Pilots

Waivers

Public Right of Transit

the Causby Case

Military Airmen

the CAP: Certificates, Ratings, Categories

Reporting Accidents

Insurance

Tax Deductions

Airman Organizations

Manufacturers of Aircraft, Space Vehicles and Components

227

General Aviation Aircraft

Air Transport and Military Aircraft

Where Shall These Aircraft Land

Type Certificate

Production Certificate

Airworthiness Certificates

Airworthiness Directives

Proximate Cause

Duty to Warn

Implied Warranties

Express Warranties

Factory Documents

Product Liability

Strict Liability

The U.S. Airlines

241

General

History

Consumer Protection

``Forum-Shopping''

Fixing Responsibility

Multi-District Litigation

Time Limitations

Contributory Negligence

Employee's Rights Waiver

Railway Labor Act

Limits of Liability, Baggage, Passengers, Air Cargo

Common Carriers

Air Travel Plans

Private Air Carriers

Death on the High Seas Act

Major Airlines

The Airplanes

Product Liability

Safety in the Air

PART VI INTERNATIONAL AVIATION LAW

The Development of International Law

269

General

Rules of War

Defining a State

State Sovereignty

Early Theories

Maritime Precedents

Vessels and Aircraft

Rights of Innocent Passage

The Individual

Sources of International Law

Practical International Law

International Air Law: Treaty Negotiation

282

Jurisdiction over National Airspace

Right of Innocent Passage

The High Seas

International Law

Hague Conferences

Early Codes

Aero Club of America

Institute of International Air Law

Rules of Air Warfare

Paris Convention

Angary

Hague Rules of Air Warfare

CITEJA

Madrid Convention

Havana Convention, 1931

Treaty Terminology

Warsaw Convention

Montreal Agreement

Rome Conventions

Public Health Agreement

Lima Conference

Wartime Rules Needed

Chicago Convention 1944

International Air Services Transit Agreement

International Air Transport Agreement

Geneva Convention, 1948

Rome Convention, 1952

Hague Protocol and Guatemala City Protocol

Montreal Agreement, 1966

Bermuda-Type Agreements

Montreal Convention, 1971

Four Montreal Protocols, 1975

Bermuda 2, 1977

Treaties In Force

International Aviation Organizations

313

International Civil Aviation Organization

International Air Transport Association

PART VII OUR EVOLVING AIR LAW

Supersonic Flight

321

History

Terminology

The SST Race

First SSTs Fly

U.S. SST Battle

SSTs in Operation

Injury and Damage Problems

International SST Law

Legal Considerations

Pro-SST Arguments

The U.S. Decison on SSTs

Final Environmental Impact Statement

U.S. Regulation of SSTs

REquirements

A Future U.S. SST?

Hijacking

397

General

The Dilemma

U.S. Criminal Law

The Individual

Extradition

Anti-Hijacking Act of 1974

Tokyo Convention on Crimes Aboard Aircraft

Montreal Declaration, 1970

Hague Convention, 1970

Montreal Convention, 1971

The Future

The Flyer and the Farmer

407

Agricultural Flying

Regulation of Aerial Applicators

FAR Part 137

Farmer/Operator Contracts

Weather Modification

Techniques and Agents

Safety and the Environment

Federal Legislation, Weather Modification

Legal Factors, Weather Modification

State and Local Activities in Weather Modification

State Statutes

Act of God

Possible Claims, Future

The Sportsman Pilot

443

General

Pleasure Flying, Airplanes

Ballons

Gliders

Parachutists

Experimental and Antique Aircraft

Muscle-Powered Aircraft

Labor Movements

456

General

The Strike of the Professional Air Traffic Controllers, legal Considerations

Bankruptcy

467

General

Braniff

considerations

Bibliography

Glossary of Aeronautical Terminology

Glossary of Legal Terminology

Index