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Helicopter and Plane Crash Lawyer

International Aviation Law

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Editor: James T. Crouse
Profession: Aviation Accident Attorney

October 04, 2008

By Frieda Flyer

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Prominent Aviation Attorney, James T. Crouse, Co-Authors Aviation Law Book

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Although this may not be the novel with which one snuggles up on a cold rainy day beside the roaring fire, it is setting the academic world of aviation on fire. Mr. Crouse and the other authors did not intend for this to be an engaging book for the general public, but instead they set out to produce a product that is academically correct and challenging, relevant to the field of aviation law, comprehensive, and yet not bore the read out of the cockpit! The book is entertaining for both the professor and the student and has received glowing reviews. Two of the authors are full time professors of law, one is an adjunct professor who still practices, and Mr. Crouse has his own law firm in N.C. specializing in aviation law and has taught this subject at the prestigious Duke University Law School.

While Frieda doesn't even attempt to make you think she has read this fascinating book - or even intends to, she has read the reviews by those far more knowledgeable, qualified, and capable to understand the "legalese" and case studies found in this 976 page tome.

According to the Carolina Academic Press:

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.

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.

Other reviews also praise this remarkable work on the complex and intriguing subject of aviation law.

"All told this is an extremely comprehensive and ambitious project which succeeds in providing the student with readily available materials for a vast assortment of topics in a vast and interesting field. This book - and its accompanying teacher's manual - will surely make the life of any aviation law instructor considerably easier. I highly recommend it." --Transportation Law Journal (Spring 2006)

"Aviation Law is an outstanding text reflective of the collective practical experience, knowledge and quality of its authors. The textbook captures the excitement and compassion that most of us share in this profession through its presentation, organization, case law, notes and problems. It is academically stimulating and includes a very helpful and insightful teacher's manual. . . ." --ABA Air & Space Lawyer (Spring 2006)

"This is a great book. It includes a seven-page table of contents, a five-page table of cases, 676 pages of text and notes, followed by thirty appendices (259 pages), and a five-page index. A ninety-page Teacher's Manual supplements the case book and provides users with insight into the selection and editing of cases." --Journal of Air Law and Commerce (Fall 2006)

On second thought, anyone interested in teaching or becoming a student of aviation law, will find this find this book fascinating - roaring fire or not!

August 30, 2006

By James T. Crouse

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Causes of the Comair Crash in Kentucky, Further Thoughts

Category: Airline Travel

As we suspected from the beginning, the air traffic contoller, or the lack of an air traffic controller--the FAA now admits [three days after the crash] that it violated its own policy by not assigning a second controller in the tower--was a causal factor in the crash. We also now learn--again, three days after the crash--that the one air traffic controller that was on duty turned his back to engage in undefined "administrative duities" after he cleared the aircraft for takeoff. Of course, the FAA says his responsibility ended once he gave the clearance. Wonder if that's what the contoller is thinking today?

Continue reading "Causes of the Comair Crash in Kentucky, Further Thoughts"

August 30, 2006

By James T. Crouse

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Controller Missing from Tower in Comair Kentucky Crash

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Just as we suspected from the beginning, the FAA and its controller have some fault in causing the crash of the Comair Regional Jet last Sunday. After being mum and avoiding the issue for three days, now the FAA admits that it violated its own policy when it assigned only one controller to the Lexington, Kentucky airport at the time of the crash. Moreover, that controller, after clearing the Comair jet for takeoff, turned his back to do some "administrative duties." As one would expect, the FAA would not clarify exactly what those administrative duties were.

Continue reading "Controller Missing from Tower in Comair Kentucky Crash"

August 29, 2006

By James T. Crouse

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Unclear Information Contribute to Cause of Comair RJ Crash?

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We are told the pilots of Comair Flight 5191 were advised of runway light outages at the Lexington, Kentucky airport. But there is a question as to exactly what they were told. If the Notice to Airmen (NOTAM), Delta/Comair or airport information was not clear and complete, it could have caused confusion that led the crew down the wrong runway.

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August 29, 2006

By James T. Crouse

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FAA At Fault in Comair Plane Crash?

Category: Airline Travel

We know that the pilots of Comair flight 5191 took off on the wrong (not assigned and too short) runway. We also know that there had been traffic pattern changes to the taxi instructions at the Lexington airport, that there had been maintenance to the runway systems, and that the lights on the primary runway were not working. But why did the tower not notice that the aircraft had taken the wrong runway--and if it did notice, why not a call to the aircraft to stop?

Continue reading "FAA At Fault in Comair Plane Crash?"

August 28, 2006

By James T. Crouse

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Comair Flight 5191--Possible Causes of the Crash

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The questions are already being asked--by the media, the investigators and most importantly, the families of the victims--What caused the crash of the Comair Regional Jet yesterday? Airplane crashes such as this evoke questions, and sooner or later blame and finger-pointing. Meanwhile, the families of the victims of airplane crashes suffer--and wonder why. I cannot answer the greater question--why these people, why now, etc., but I can offer an objective look at how this might have happened.

Continue reading "Comair Flight 5191--Possible Causes of the Crash"

August 24, 2006

By James T. Crouse

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NBAA Fires at Larry King

Category: Airline Travel

In the category of "If you criticize my outfit you must be biased," NBAA (National Business Aviation Association) President Ed Bolen Reporter called Christiane Amanpour's report on general avaition security on CNN's Larry King Live show "irresponsible in its lack of balance." He then asked for an opportunity to present "a full picture of GA security." Let's see, think that will be a fair and unslanted look at the security issues surrounding general avaition--especially the business aspect of it?

Continue reading "NBAA Fires at Larry King"

August 08, 2006

By James T. Crouse

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Eurocopter Loses Choice of Law Fight in Arizona Case

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Eurocopter SAS, a French company, lost in its attempt to have french law apply an insurance subrogation case brought against it in Arizona by United States Aviation Underwriters. USAU had paid Wyoming-based Roberts Aircraft Co. more than $1.5 for the loss of the helicopter.

Continue reading "Eurocopter Loses Choice of Law Fight in Arizona Case"

May 10, 2006

By James T. Crouse

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Irish Priests Create Air Safety Hazard

Category: Airline Travel

Illegal broadcasts of Mass to members who are unable to leave their homes is believed to be creating problems for airliners flying over Ireland, according to an article on Rueters.com.

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March 13, 2006

By James T. Crouse

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DVT and Air Quality--A Link?

Category: Aviation Safety

Passengers in "coach" seating were long the prey of the lengthy flight, including the deep vein thrombosis, but in additon to the cramped seating with no exercise, it also brought on by the thin air provided passengers, scientists have discovered. The leaner oxygen content in the 8,000-foot cabin pressure maintained in most airliners caused an increase in the level of thrombin, the marker that signifies clotting activity. Clotting, particularly in the large veins in passengers legs', can lead to tissue damage and even death if the clots break free and enter the lungs.

This study was published in the British medical journal The Lancet, and was commissioned by the World Health Organization. Two Dutch scientists performed a trial in which 71 people were first asked to sit, airline style, on the ground, watching movies and generally behaving as if they were on an eight-hour flight. These same 71 people were then put on airplanes for eight hours and the levels of thrombin compared. With the only differing factor being the lower pressure and oxygen level during the flight, the scientists deduced that the air quality was a factor in clot production.

British Airways said in a statement that it appreciates the efforts of the scientists but it didn't say it would increase the oxygen level on its airplanes, but encouraged travellers to "remain active during a flight," whatever that means.

February 20, 2006

By James T. Crouse

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Ten U.S. Military Personnel Killed In Helicopter Crash

Category: Helicopter Crashes

Ten U.S. service members died when two Marine Corps helicopters from a North Carolina unit crashed off the coast of Africa. Military officials confirmed the losses on Sunday.

Two CH-53E helicopters were carrying twelve troops from a U.S. counterterrorism force, went down during a training flight Friday in the Gulf of Aden, near the northern coastal town of Ras Siyyan in Djibouti. Two crew members were resuced and were in stable condition at the U.S. military's Landstuhl Regional Medical Center in Germany.

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February 06, 2006

By James T. Crouse

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AIAA Announces Unique Gathering of Prominet Aerospace leaders

Category: Aviation News

The American Institute of Astronautics and Aeronautics, and the Space Foundation, have announced the program for their two-day program, "Inside Aerospace--An International Perspective," to be held April 24-25, 2006 at the Renaissance Hotel in Washington, D.C.

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February 03, 2006

By James T. Crouse

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FAA Issues New Proposed Rules for Commercial Space Flight

Category: Aviation Safety

The FAA has issued thirty pages worth of proposed new rules to govern commercial space fligh. This rulemaking would establish requirements for crew qualifications, training, and notification. It would also establish training and
informed consent requirements for space flight participants. According to the proposed rule as published in the Federal Register, this rulemaking would also modify existing financial responsibility requirements to account for the FAA's new authority for space flight participants and crew, and to issue experimental permits.