Controlling Pandemics at Airports—A Legal Perspective

In this article (Paragraph No. 5241), the potential for flu and other pandemic communicable diseases in an age of rapid air transportation raises numerous public policy, health, and legal issues. In the event of a pandemic, airports also are likely to serve as hubs for transmission of communicable diseases. Pandemics are a serious national security concern, as evidenced by the White House’s release of a “National Strategy for Pandemic Influenza” in late 2005. This article examines the development and history of quarantine laws, and how those early cases may inform the extent to which airport proprietors may exercise their right to quarantine their passengers. “How would such an exercise intersect with the state or local police powers in an area of law that is overwhelmingly preempted by federal law and regulation (e.g., the Airline Deregulation Act of 1978)?” the authors ask. To what extent may an airport proprietor be considered an “alter ego” of a state or municipal entity? Airport proprietors also are bound by federal contractual and regulatory requirements accompanying the receipt of Airport Improvement Fund grants, and the article considers the interplay of these obligations in the overall regulatory scheme. Finally, the authors suggest ways in which airport proprietors, state and municipal governments, and federal agencies may work together to address these legal issues and—more importantly—to prevent threats to public health and safety from materializing.

  • Corporate Authors:

    International Aviation Law Institute

    DePaul University College of Law, 25 E Jackson Boulevard
    Chicago, IL  United States  60604
  • Authors:
    • Trock, Jennifer E
    • Endersbee, David M
  • Publication Date: 2008

Language

  • English

Media Info

  • Media Type: Print
  • Edition: Transfer Binder 2: 2004-2008
  • Features: References;
  • Pagination: pp 1095-1109
  • Monograph Title: Issues in Aviation Law and Policy

Subject/Index Terms

Filing Info

  • Accession Number: 01141779
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 2 2009 1:41PM