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Journal of Transportation Law, Logistics and Policy JOURNAL OF TRANSPORTATION LAW, LOGISTICS AND POLICY Vol. 86 2019 No. 1 Board of Directors………………………………………..…… 4 Nominations Committees……………………….…………..… 6 Publications Committee……………………………………..… 6 Editorial Advisory Committee………………………..……….. 7 Association Highlights Contributing Editors………………..… 8 Membership Committee.………………..………………….… 10 Chapter Activities ……………………………………….…… 11 Editorial Policy ..…………………………………….……… 11 Manuscript Submissions…………………………………..…. 12 Permissions Policy Statement……………………………..…. 12 Change of Address……………………………………….….. 12 Student Writing Competition…….……………………..….… 13 Call for Papers …………………………………………….…. 14 Guiding Philosophy of ATLP..…………………………..….… 16 Motor Carriers, Federal Preemption, and the Supreme Court: Back to Basics Mark J. Andrews and Linna T. Loangkote……………….……18 Who Owns the Rights to Railroad Rights-of-Way? Kristine Little…..………………………………………………44 Human Trafficking and Transportation Rebecca Mares……………………………………….…..….…62 Efficiency in Container Allocation in the US and EU: An Institutional Perspective Drew Stapleton and Anup Menon Nandialath..…………..……88 The Journal of Transportation Law, Logistics and Policy (ISSN 1078-5906) is published quarterly by the Association of Transportation Law Professionals, Inc. The subscription price of the Journal to active and retired members ($50) is included in membership dues. Subscription price to non-members (U.S.) is $100; Canada, U.S.$105; Foreign, U.S.$110 (Prepayment required.) Single copy $30, plus shipping and handling. Editorial office and known office of publication: P.O. Box 5407, Annapolis, MD. 21403. Periodicals postage paid at Annapolis, MD. Postmaster: Send address changes to: Journal of Transportation Law, Logistics and Policy, P.O. Box 5407, Annapolis, MD. 21403.Copyright © 2019 by Association for Transportation Law Professionals, Inc.All rights reserved. Printed in the United States of America. JOURNAL OF TRANSPORTATION LAW, LOGISTICS AND POLICY P.O. Box 5407 Annapolis, MD 21403 (410) 268-1311; FAX (410) 268-1322 [email protected] EDITOR-IN-CHIEF MICHAEL F. McBRIDE Cited: 86 J. Transp. L. Logist. & Pol'y. ___[1] The views expressed in this Journal may or may not be the views of the Association. ! ASSOCIATION OF TRANSPORTATION LAW PROFESSIONALS, INC. Established in 1929 as the Association of Practitioners Before the Interstate Commerce Commission. Name changed in 1940 to Association of Interstate Commerce Commission Practitioners; in 1984 to Association of Transportation Practitioners; in 1994 to Association for Transportation Law, Logistics and Policy; and in 2005 to Association of Transportation Law Professionals. Incorporated in 2009 as the Association of Transportation Law Professionals, Inc. BOARD OF DIRECTORS TIM D. WACKERBARTH (1A), President, Lane Powell PC, 1420 Fifth Ave., Suite 4200, Seattle, WA, 98111, (206) 223-7960, [email protected] JASON TUTRONE (1A), President-Elect, Thompson Hine LLP, 1919 M Street, NW, Suite 700, Washington, DC 20036 (202) 331-8800 [email protected] PETER W. DENTON. (1A), Treasurer, Steptoe & Johnson LLP, 1330 Connecticut Avenue NW, Washington, DC 20036 (202) 429-6445 [email protected] JEREMY M. BERMAN (1A), Secretary, Union Pacific Railroad Company, 1400 Douglas Street, MS1580, Omaha, NE 69179, (402) 544-4735, [email protected] JOHN MAGGIO (1A), Immediate Past President, Condon & Forsyth LLP, Times Square Tower, 7 Times Square, New York, N.Y. 10036 (212) 894-6792 [email protected] JUSTIN MARKS, Vice President, Clark Hill PLC, 1001 Pennsylvania Ave., NW, Ste. 1300 South, Washington, DC 20004, (202) 772-0916, [email protected] JAMESON B. RICE, Vice President, Holland & Knight LLP, 100 North Tampa Street, Suite 4100, Tampa FL 33602, (813) 227-6402, [email protected] !4 ! ROBIN M. ROTMAN, Vice President, Van Ness Feldman LLP, 1050 Thos. Jefferson Street, NW, 7th Floor, Washington, DC 20007, (202) 298-1836, [email protected] BRANDON J. SMITH Vice President, Fletcher & Sippel LLC 29 North Wacker Drive Ste 800, Chicago, IL 60606, (312) 252-1500, [email protected] KATHRYN J. GAINEY (1A), Past President, CN, 601 Pennsylvania Avenue, NW, Suite 500, North Building, Washington, DC 20004, 202-347-7840, [email protected] PETER A. PFOHL (1A), Ex Officio, Slover and Loftus LLP, 1224 17th Street NW, Washington, DC 20036, (202) 347-7170, [email protected] KENNETH G. CHARRON (1A), Ex Officio, VP of Law, Delaware River Partners LLC, 200 N. Repauno Rd., Gibbstown, NJ 08027, (856) 224-7041, [email protected] E. MELISSA DIXON (1B), Ex Officio, President, Dixon Insurance and Interstate Truck Licensing, P.O. Box 10307, Fargo, ND 58106-0307 (701) 281-8200 [email protected] KATIE MATISON (1A), Ex Officio, Lane Powell PC, 1420 Fifth Avenue Suite 4100, Seattle, WA 98101 (206) 223-7000 [email protected] MICHAEL F. McBRIDE (1A), Ex Officio, Van Ness Feldman LLP, 1050 Thos. Jefferson St. NW, #700, Washington, DC 20007 (202) 298-1989 [email protected] LAUREN MICHALSKI, Executive Director, P.O. Box 5407, Annapolis, MD 21403 (410) 268-1311 [email protected] !5 ! NOMINATIONS COMMITTEE JOHN MAGGIO (1A), Immediate Past President, Condon & Forsyth LLP, Times Square Tower, 7 Times Square, New York, N.Y. 10036 (212) 894-6792 [email protected] PUBLICATIONS COMMITTEE KATIE MATISON (1A), Chair, Lane Powell PC, 1420 Fifth Avenue Suite 4100, Seattle, WA 98101 (206) 223-7000 [email protected] MICHAEL F. McBRIDE (1A), Editor-in-Chief, Van Ness Feldman LLP, 1050 Thos. Jefferson St. NW, #700, Washington, DC 20007 (202) 298-1989 [email protected] JAMES F. BROMLEY (1A), Editor Emeritus, Law Office of James F. Bromley, 6303 Rockhurst Road, Bethesda, MD 20817 (301) 530-8670, [email protected] MARK J. ANDREWS (1A) Clark Hill PLC, 1001 Pennsylvania Avenue NW, Suite 1300 South, Washington, DC 20004 (202) 552-2352, [email protected] LOUIS AMATO-GAUCI (1A) Fernandes Hearn LLP 155 University Avenue, Suite 700, Toronto, Ontario, Canada M5H 3B7 (416) 203-9818, [email protected] E. MELISSA DIXON (1B), Dixon Insurance and Interstate Truck Licensing, P.O. Box 10307, Fargo, ND 58106-0307, (701) 281-8200, [email protected] FREDERICK EINBINDER (2F), American University of Paris, 64, rue Laugier Paris, FRANCE 75017, [email protected], CARLOS SESMA, JR., Sesma, Sesma and McNeese, Idaho No. 14, Col. Naples, 03810, Mexico. D.F. (52 55) 3095 3077 [email protected] !6 ! EDITORIAL ADVISORY COMMITTEE CHRIS A. CARR, Professor of Business Law and Public Policy, Orfalea College of Business, California Polytechnic University, Building 3 Room 412, San Luis Obispo, CA 93407, (805) 756-2657, [email protected] KEVIN W. CAVES, Economists Incorporated, 2121 K Street, NW, Suite 1100 Washington, DC 20037, (202) 833-5222, [email protected] VINCENT M. DeORCHIS, Partner, Montgomery, McCracken Walker Rhoads LLP, 437 Madison Ave., 29th Floor, New York, NY 10022 (212) 344-4700, [email protected] NICHOLAS J. DIMICHAEL, Senior Attorney and Chair of Editorial Advisory Board, Thompson Hine LLP, 1919 M Street, NW, Suite 700, Washington, DC 20036 (202) 341-6148 [email protected] FRANK DOUMA, Research Fellow and Associate Director, State an Loacl Policy Program, Hubert H. Humphrey School of Public Affairs, University of Minnesota, 130 Humphrey Center, 200 Transportation and Safety Building, 511 Washington Ave., S.E., Minneapolis, MN 55455 (612) 626-9946, [email protected] CURTIS GRIMM, Dean’s Professor of Supply Chain and Strategy, Robert H. Smith College of Business Logistics, Business and Public Policy, University of Maryland, 3437 Van Munching Hall, College Park, MD 20742 (301) 405-2235, [email protected] KEVIN NEELS, Principal, The Brattle Group, 1850 M Street N.W., Suite 1200, Washington, DC 20036 (202) 955-5050 [email protected] JENNIFER L. NORTH, Director of Maritime Programs, Charleston School of Law, 81 Mary Street, P.O. Box 535, Charleston, SC 29402 (843) 377-2451 [email protected] !7 ! RUSSELL W. PITTMAN Director of Economics Research, Antitrust Division, United States Department of Justice, 600 E. Street N.W., Suite 10000, Washington, DC 20530, (202) 307-6367 [email protected] THOMAS J. SCHOENBAUM, The George Washington University Law School, 2000 H Street N.W., Washington, DC 20052 (202) 994-0391 [email protected] CARLOS SESMA, JR., Sesma, Sesma and McNeese, Idaho No. 14, Col. Naples, 03810, Mexico. D.F. (52 55) 3095 3077 [email protected] TAYLOR SIMPSON-WOOD, Professor of Law, Dwane O. Andreas School of Law, Barry University, 6441 E. Colonial Drive, Orlando, FL 32807 (321) 206-5669 [email protected] RICHARD STONE, Professor Emeritus of Marketing and Logistics, John L. Grove College of Business, Shippensburg University, 42 Devonshire Square, Mechanicsburg, PA 17050-6874 (717) 691-6622, [email protected] MICHAEL F. STURLEY Fannie Coplin Regents Chair in Law, University of Texas Law School, 727 East Dean Keeton Street, Austin, TX 78705 (512) 232-1350 [email protected] ASSOCIATION HIGHLIGHTS EDITORS DAVID H. COBURN (1A), Editor, Steptoe & Johnson LLP, 1330 Connecticut Avenue, NW, Washington, DC 20036-1704 (202) 429-8063 [email protected] JUSTIN MARKS (1A), Co-Editor, Clark Hill PLC, 1001 Pennsylvania Ave., NW, Ste. 1300 South, Washington, DC 20004, (202) 772-0916, [email protected] DONALD H. SMITH (1A), Antitrust Editor, Sidley Austin LLP, 1501 K Street, NW, Washington, DC 20005 (202) 736-8169 [email protected] !8 ! JOHN MAGGIO (1A), Aviation Editor, Condon & Forsyth LLP, Times Square Tower, 7 Times Square,
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