Who Owns the Sky? The Struggle to Control Airspace from the Wright Brothers On

Who Owns the Sky? The Struggle to Control Airspace from the Wright Brothers On

Number of page: 360
Author: Stuart Banner
Publisher: Harvard University Press
ISBN: 9780674030824
Rating:
Category: Law

In the summer of 1900, a zeppelin stayed aloft for a full eighteen minutes above Lake Constance and mankind found itself at the edge of a new world. Where many saw hope and the dawn of another era, one man saw a legal conundrum. Charles C. Moore, an obscure New York lawyer, began an inquiry that Stuart Banner returns to over a century later: in the age of airplanes, who can lay claim to the heavens
The debate that ensued in the early twentieth century among lawyers, aviators, and the general public acknowledged the crucial challenge new technologies posed to traditional concepts of property. It hinged on the resolution of a host of broader legal issues being vigorously debated that pertained to the fine line between private and public property. To what extent did the Constitution allow the property rights of the nation’s landowners to be abridged
Where did the common law of property originate and how applicable was it to new technologies
Where in the skies could the boundaries between the power of the federal government and the authority of the states be traced