1. Overview of class; course expectations

2. History and structure of aviation law and regulation

International conventions

3. Paris, 1919; Chicago, 1944; the Freedoms; bilaterals; Bermuda One and Two; U.S. push for Open Skies; Cabotage, Foreign Ownership and other restrictions; codesharing; role of European Union

4. Warsaw Convention; amendments and efforts to amend Warsaw

5. Hijacking, sabotage, and other criminal acts (Tokyo, Hague, Montreal); Chicago Convention Article 3 bis; Plastics Explosives Convention

Airports law

6. Relationship between Federal and local governments; the proprietor’s exception; airport construction & expansion; funding of airports & airport improvements; noise abatement authority

7. Grant assurances (exclusive rights, nondiscrimination, etc.)

8. Federal environmental review

9. Airport rates and charges (private rights of action; dormant Commerce Clause; DOT policy on rates and charges)

10. Administrative processes to challenge fees and access restrictions

Domestic economic regulation

11. DOT statutory authorities; OST fitness determination; slots (High Density Rule)

12. Unfair and deceptive business practices; unfair methods of competition (advertising; bumping; barriers to entry; computer reservation systems; mergers and acquisitions; codesharing alliances)

13. Airline Deregulation Act; scope of preemption under ADA

14. Air Carrier Access Act

Safety certification and regulation

15. Certification (types of FAA certificates for aircraft, equipment, air carriers, airmen, airports, and repair stations; use of designees)

16. Regulation (APA; airworthiness directives; advisory circulars; FAA Orders; Service Bulletins; SFARs; direct final rules; petitions for rulemaking or exemption)

17. Security regulation

18. Hazardous materials regulation

FAA enforcement

19. Types of enforcement action; reporting and correction policies; certification action, emergency action; civil penalties; timing of judicial review of emergency orders; hazardous materials enforcement; criminal sanctions

20. NTSB appellate jurisdiction

21. Judicial review of collateral challenges to FAA orders

Domestic accident investigation and litigation

22. Investigation – NTSB role; probable cause; CVR protections

23. Litigation – potential defendants; liability of United States


Law 151 is a survey course of aviation law, covering both U.S. and international domestic law and regulation. Students will receive an introduction into all major aspects of aviation law, with special emphasis placed on Government regulation of aircraft, air carriers, airmen, and airports. Students will gain a basic understanding of the structure and forms of Federal and international aviation law and regulation. The course will expose students to administrative law, constitutional law, international law, Federal jurisdiction, and to a lesser extent antitrust law and environmental law. Materials consist of cases, statutes, treaties, regulations, and policy statements. Grades will be based on a written exam at the end of the term.

Mr. Walden practices aviation law with the firm of Patton Boggs LLP. He served as Chief Counsel of the Federal Aviation Administration, 1988-90, and has held senior positions in the U.S. Justice Department, White House, and Interstate Commerce Commission.