Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Susan Crawford Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Intellectual Property Law
: Susan Crawford Blog1930 common carriage
By Susan Crawford
The FISA news is not good - the Senate has approved a revision that drastically reduces judicial oversight [CDT] and is riddled with “loopholes so large that the feds could drive a truck loaded down with purloined civil liberties through it” [ArsTechnica].
=====
Disheartened, I’d rather write about a nice article by Warren Jefferson Davis in the first number of an ambitious (and short-lived) 1930s journal called the Air Law Review. (Sorry that I can’t link directly to the journal - ask your local librarian.) Davis was, among other things, grappling with the question whether a plane hired for ad hoc, casual, private joyrides should be treated as a common carrier. (Answer: No.) Along the way, he carefully explored the general question of common carriage.
[T]o constitute a common carrier the business as such must be regular and customary in its character, and not casual only, and must be carried on as a business and be of such a general and public nature that the carrier is bound to convey goods for all persons indifferently who offer payment for carriage.
… [citing cases] “The real test whether a man is a common carrier, whether by land or water, therefore, really is whether he had held out that he will, so long as he has room, carry for hire the goods of every person who will bring goods to him to be carried. The test is not whether he is carrying as a public employment or whether he carries to a fixed place, but whether he holds out, either expressly or by a course of conduct, that he will carry for hire, so long as he has room, the goods of all persons indifferently who send him goods to be carried.”
This framework isn’t based on necessity, or on monopoly status - it’s based on “holding out,” or acting, as if you’re available to everyone to carry their goods (or, potentially, communications).
Your World. Delivered.
–AT&T slogan, introduced Dec. 2005, following merger with SBC Communications, Inc.
It’s the Network.
–Verizon Wireless slogan, introduced 2005.
Hmm. Sounds like transport is available, doesn’t it?
Full post as published by Susan Crawford Blog on July 09, 2008 (boomark / email).
Family Law
involving divorce, child custody, spousal support, common law, adoption and same sex marriage.
AireSurf Networks Holdings Inc.
$23,147 debt settlement made by issuance of 115,735 common shares.
Common Stock Shareholders
LaBranche & Co. LLC agrees to $13 million securities fraud class action settlement.

Database of the Day: Homicide In Chicago 1870-1930
Immigration to the United States, 1789-1930 :: Harvard University Library
Freud on the Arab-Israeli Conflict in 1930









