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The Business, Entrepreneurship & Tax Law Review

Authors

Clayton Watts

Abstract

Air travel is central to the modern American economy. Part of its success up to this point has been the system of deregulation codified in the Airline Deregulation Act of 1978. On the other hand, recent events, especially that of the mass cancellation of Southwest flights over Christmas, 2022, have revealed cracks in the current paradigm of deregulation. This article traces the development of airline regulation and consumer protection before and after the Airline Deregulation Act of 1978. It analyzes the strengths and weaknesses of different proposed courses of regulation, such as strengthening current laws, passing an Airline Passenger’s Bill of Rights, and using state regulation. It then proposes the solution should be new regulation that looks akin to the Airline Passenger’s Bill of Rights. It notes how this approach addresses the problems presented by current lapses on the part of airlines.

First Page

347

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