Thursday, March 12, 2009
Since yesterday's post on Virgin America mentioned the possibility that the carrier is now engaging in illegal cabotage, readers of the blog may be interested in Prof. Robert Hardaway's article, Of Cabbages and Cabotage: The Case for Opening Up the U.S. Airline Industry to International Competition, 34 Transp. L.J. 1 (2007). Obviously, with the shifting economic and political climate in the U.S., Prof. Hardaway's thesis isn't likely to pick up much traction anytime soon. On the other hand, his study remains useful for grasping the longstanding legal and political hurdles to "de-cabotaging" U.S. airspace and provides a number of thoughtful arguments for why they should be dismantled.