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Regulatory Frameworks for Smart Mobility: Current U.S. Regulation of Connected and Automated Vehicles And The Road Ahead
Survey of current federal and state legislative and regulatory frameworks aimed at advancing the deployment of connected and autonomous vehicles.Infrastructure Finance for the Public Good: How Asset Recycling Can Untangle the New York MTA’s $50 Billion Debt Load
Abstract Systematic infrastructure underinvestment – a $2.6 trillion ‘gap’ – and accelerating climate change have become facts of life in the United States. Though typically attributed to politics, this Article posits the circumstances as a market disequilibrium rooted in an interplay between unique dimensions of infrastructure and distinctive features of…Preemptive Federal Legislation for EV Manufacturers to Sell Direct to Customers
This article advocates for federal legislation to implement a nationwide EV licensing system that would allow both EV manufacturers and dealers to sell and service their vehicles directly to consumers nationwide. This prospective legislation would preempt dealer franchise laws that prohibit or limit manufacturers from selling their vehicles directly to consumers. This article does not argue that direct distribution is the superior method of distribution; instead, this article argues that manufacturers should have the freedom to pursue direct distribution. As more EV companies enter the market, EV manufacturers need to have the flexibility to use a variety of distribution systems that best suit their business needs. Part II of this article provides background information on the history of dealer franchise laws and the current status of dealer franchise laws. Part III addresses the problems associated with the current car buying process and why some manufacturers prefer to sell their cars directly to consumers. Part III also addresses counterarguments from the dealer lobby. Part IV introduces potential federal legislative reform to preempt state dealer franchise laws to allow EV manufacturers to directly sell their vehicles to consumers.Privacy Frameworks for Smart Cities
This paper identifies some of the core privacy considerations raised by smart cities – government surveillance and data security in Part I. Then, Part II proposes a set of core principles for smart cities to consider in the development and deployment of smart cities to address privacy concerns. These principles include: (A) human-centric approaches to smart cities design and implementation, (B) transparency for city residents, (C) privacy by design, (D) anonymization and deidentification, (E) data minimization and purpose specification, (F) trusted data sharing, and (G) cybersecurity resilience.Contracting Tools for Transportation Data
Troves of transportation data can be, and are, produced by smart infrastructure. Municipalities collect various kinds of transportation data, including traffic information such as accidents, flows, and volumes; bicycle information such as bike counts; pedestrian information such as pedestrian counts; smart bus stop information; street mapping information; location information for traffic signals; mapping details such as the miles of city streets; and information on roadwork and infrastructure planning such as construction or road closures expected to affect traffic. Governments, educational institutions, non-profit enterprises, and businesses find transportation data useful for purposes such as improving infrastructure, reducing traffic congestion, improving vehicle and pedestrian safety, providing public security and emergency services, making transportation services more accessible, improving civic planning and design, research and development of new mobility products and services (including machine learning), and researching other potential uses for the data. Wider availability and sharing of transportation data would help to facilitate the development, testing, and adoption of smart infrastructure and connected and automated modes of transportation (collectively, “smart mobility products and services”). However, there are barriers to the accessibility of transportation data for these purposes. One is that there is a lack of standardization and clarity in the permissions granted when transportation data is made available, and another is that privacy and other concerns prevent much of the data that could be useful from being made available; an example of the latter is the discontinuation of a smart streetlights project in San Diego due to concerns about the potential use of transportation data for surveillance purposes. This paper explores license provisions and contracting tools that data providers can consider using when making transportation data publicly available. Part II describes the kinds of provisions that data providers typically include in the licenses or other terms and conditions that they apply to transportation data. Part III examines the agreements under which specific municipalities in four states (Michigan, California, Pennsylvania, and Arizona) make transportation data publicly available, including pursuant to template agreements. Part IV identifies additional template agreements that are available for use by data providers when making data publicly available. Finally, Part V sets out key considerations for data providers in choosing the terms under which they make their transportation data available.Expanding and Modernizing Rail Infrastructure
The railway is a part of the American ethos. Without rivers to carry us from one end of the country to another, and with horses unable to travel coast to coast, the railway was king. By 1860 there were 30,000 miles of railway crisscrossing the country. By 1915 the number…Data Governance Frameworks for Smart Cities: Key Considerations for Data Management and Use
The proliferation of “smart technologies” has created significant opportunities to leverage data to improve everyday life across sectors. In cities around the world, local governments and private enterprises, often partnering together, have launched projects that integrate smart technologies with Internet of Things (“IoT”) capabilities into public spaces in order to promote efficiency, safety, mobility, and innovation. At the same time, smart cities must balance the need for robust data in order to achieve these benefits with public concerns regarding privacy and data use. This paper examines the key attributes of smart cities, the essential role that data plays in fueling smart cities, and the importance of establishing appropriate guidelines to govern the management and use of the massive amounts of data that smart cities generate. This paper refers to such guidelines as “data governance” frameworks. Drawing on case studies from cities in both the U.S. and other countries, the paper discusses trends and challenges in data governance that are impacting the success of smart cities projects. Based on this analysis, the paper outlines key considerations that should be taken into account to develop data governance frameworks that will promote the success of smart cities and the benefits that they bring.Free The T: Realistic or Impossible?
Across the country, a number of transit systems are looking to redefine what it means to take public transportation through facilitating cost-reduction or free transit programs. These programs may contribute to a reduction in pollution and benefit low-income riders by making transportation less expensive and more reliable. Cities in…Will New Electric Buses Need a Mini Bar?
Let’s talk about the stigma of the bus. Public transit in the United States is not particularly robust or well-funded compared to its European or Asian counterparts. The American bus system in particular is stigmatized; Americans associate the bus with poverty, crime, and filth. This stigma is not entirely unwarranted,…2021 Conference Panel 1: Emerging Transportation Technologies, a Primer
The 2021 Law and Mobility Conference opened with a panel, moderated by Emily Frascaroli, that set out to begin answering three questions: What are emerging transportation technologies? What is the legal landscape surrounding these technologies? What are some challenges that these technologies face, in terms of both gaining…