Article:
Robert C. Means & Barry Chasnoff, State Regulation of Air
Transportation: The Texas Aeronautics Commission, 53 Texas
L. Rev. 653 (1975).
Abstract:
This article dealing with one state agency that regulates
commercial aviation, the Texas Aeronautics Commission, is
divided into four major sections. The first describes the limits
of the TAC’s Legal powers; the second and third describe the
principal actors in the regulatory process: the Commission and
the carriers subject to its jurisdiction. The final section then
considers the purposes served by TAC regulation. The final
section can then be seen as justification for the other three,
as in a sense it must be. But the conclusions that the earlier
sections will support are limited. Evaluation of economic
regulation depends partly on value judgments, and even where it
involves questions of fact, they often are scarcely more
susceptible to definite answer than are questions of value. The
fourth section thus has sought to delineate the major issues and
draw outer boundaries on the answers that might be given to
them. But within those boundaries the basic question, to
regulate or not to regulate, is left largely unanswered.
Legislators and public officials must of course answer it, for
they must decide; but indecision in the face of uncertainty is
one of the privileges of scholarship.