Tuesday, May 12, 2020
Interim Associate Dean and Associate Professor of Law Jennifer Brobst (Southern Illinois Univ. School of Law) has posted Enhanced Civil Rights in Home Rule Jurisdictions: Newly Emerging UAS/Drone Use Ordinances, 122 W. Va. L. Rev. ___ (forthcoming Spring 2020) on SSRN. Here is the link, and here is the abstract:
As new, disruptive technologies emerge, the federal government tends to proceed cautiously and often should. State and local units of government, particularly in home rule jurisdictions, may have more potential to respond quickly to innovative technology and its potential threat to civil rights. Unmanned Aerial Vehicles, commonly known as drones, or Unmanned Aerial Systems (“UAS”), which include the drone’s operator equipment and software, demonstrate this legal challenge regarding intrusions on persons and property. This article reveals the breadth and flexibility of local ordinances in the United States that permit and restrict drone usage in a way that protects the civil rights of its local residents, and at a point in time before preemption challenges close off such innovation.