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Tuesday, May 7, 2013

First Principles when considering “drone” legislation

  1. Just say, No
  2. Statutes are absurd, unreasonable, and unenforceable if they imposes a greater damage on the violator than the harm prevented to the person protected by the statute. This is based on the proposition that a statutory violation will be “excused whenever it would be more dangerous to comply with the statute.” Prosser, Torts § 36, at 229 n. 90 (5th Ed. 1984).  See generally Meyers v. Chicago, Rock Island & Pacific Railway Co., 57 Iowa 555, 10 N.W. 896 (1881) (ordinance setting low speed for trains invalid as unreasonably impeding the whole traveling public).
  3. Any statutory law applicable drones should have a short sunset provision for it is self evident that circumstances existing at the time of enactment will materially change, quickly. See Prosser, Torts § 3, at 20 (5th ed. 1984).