CONTRIBUTING TO CRASHES: APPLYING TORT PRINCIPLES TO CERTAIN FAA PROCEEDINGS
成果类型：
Article
署名作者：
Lambert, Andrew
刊物名称：
ADMINISTRATIVE LAW REVIEW
ISSN/ISSBN：
0001-8368
发表日期：
2020
页码：
1-26
关键词：
摘要：
In ensuring air safety, the Federal Aviation Administration (FAA) reviews applications for certificates and denies them if appropriate. However, when a corporate entity holds a certificate revoked by the FAA, there is little to prevent the individuals from forming a new company and applying for a new certificate-one without a violation history including the revocation. Balancing the interests of air safety and the fiction of corporate personhood, the FAA has issued regulations to look beyond the formal corporate applicants and consider whether certain key individuals had materially contributed to a previous revocation of an entity's certificate. This article analyzes those regulations and suggests adopting certain tort principles in applying and enforcing those regulations.