Federal Preemption of State Regulation of Airline Pricing, Routes, and Services: The Airline Deregulation Act
Bibliographic record
Abstract
The Airline Deregulation Act of 1978 (ADA) included an explicit preemption clause to prevent the states from re-imposing economic regulation on the airline industry.However, that legislation left untouched a provision in the Federal Aviation Act of 1958 which preserved common law remedies.Conflicts between states and passengers, on the one hand, and airlines, on the other, have been fought in federal courts on numerous occasions, and three cases have made their way up to the United States Supreme Court.This article discusses that jurisprudence.State law is preempted by federal law under the Supremacy Clause of the U.S. Constitution. 1 Article VI, clause 2, of the U.S. Constitution (the Supremacy Clause) provides: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. 2The Supremacy Clause of the U.S. Constitution "invalidates any state law that contradicts or interferes with an Act of Congress."3 As one commentator observed, "[t]he power of the federal government to displace state law in those areas in which Congress has the ability to legislate is a potent one; it divests states of the ability to regulate in an area within the state's domain."4 The intent of Congress becomes the focus in such analysis.With the gradual recognition of the legitimacy of state police powers, and deferential
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.009 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.003 | 0.003 |
| Scholarly communication | 0.005 | 0.002 |
| Open science | 0.002 | 0.001 |
| Research integrity | 0.007 | 0.005 |
| Insufficient payload (model declined to judge) | 0.002 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".