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- Title
CLEAR OF CONFLICT? EXAMINING FAA CERTIFICATION AND CONFLICT PREEMPTION IN LIGHT OF THE 737 MAX.
- Authors
Turman, Austin L.
- Abstract
Federal aviation regulations are the cornerstone of domestic aviation safety. Decades of stringent oversight by the Federal Aviation Administration (FAA) have contributed to the flying public's confidence in aviation and, as a result, the unprecedented growth of commercial air travel. However, after the tragic loss of passengers in two Boeing 737 MAX crashes, grave flaws have been identified in the contemporary framework of the FAA's aircraft design approval process. The presence of these flaws may persuade courts to limit the preemptive effect of aircraft certification regulations and to expand the role that state tort obligations have in remedying the failures in FAA oversight. This Comment examines the identified flaws in FAA certification, discusses one such decision rejecting the preemptive force of certification, and suggests that endorsing this decision may be an important stopgap measure to address the oversight failures revealed by the 737 MAX.
- Subjects
UNITED States. Federal Aviation Administration; AEROSPACE industries; COMMERCIAL aeronautics; DECISION making; PASSENGERS
- Publication
Houston Law Review, 2021, Vol 58, Issue 3, p721
- ISSN
0018-6694
- Publication type
Article