Aviation Law: Cases and Materials

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.