Conflict of interest between FAA certification process and aircraft manufacturers

Legal Entanglement Project – Part 1.


I.            Topic Title: Conflict of interest between FAA certification process and aircraft manufacturers (Boeing 737 Max)


II.         Thesis: I discussed the FAA’s importance in Week 1 of the discussion. Certification of aircraft is my primary concern regarding the 737 MAX. Was there a thorough certification process by the FAA to make the 737 MAX airworthy? Were there any pressures on the FAA to make it airworthy?


III.          Description: There were two Boeing 737 Max aircraft crashes as a result of the Federal Aviation Administration’s and Boeing’s failure to meet safety requirements. During the FAA certification process, software issues plagued the 737 MAX that were not comprehensively evaluated. It is true that Boeing was responsible for evaluating all aspects of the 737 MAX, but the FAA deserves the blame during the certification process. There was not sufficient time given for experimentation before the future of air travel was pushed forward. The aircraft was too advanced for novice pilots, especially when the aircraft had internal issues that were not addressed.


IV.             Source Material: The Boeing 737 Max aircraft has been the subject of several incidents based on my research. It was Lions Air’s Boeing 737 Max that engaged in the first incident involving this aircraft in 2018. In this case, the FAA should have acted based on regulations, certifications, and the actions of the flight crew in order to prevent similar mistakes from occurring in the future. The FAA should have taken additional measures to reevaluate the situation but failed to do so. This failure resulted in the loss of life.


V.               Morals/Ethics: The Boeing Max has been plagued with numerous issues since its release to the public. Pilots who flew the aircraft expressed their discomfort and they were ignored. While safety cannot be purchased for a small amount of money, a careless design in the name of minimizing costs and meeting delivery schedules indicates a lack of ethical character. The actions taken by Boeing regarding the safety of the 737 MAX, particularly as related to the MCAS system, are inconsistent with any standard ethical framework or analysis.


VI.         Research Expectations: While attending flight training, I learned that pilots were dissatisfied with the 737 Max. My recollection is that the majority of the flight instructors at the flight school discussed the various 737 Max crashes. In my capacity as a new pilot, I was still learning how to operate an airplane and became proficient. The 737 Max has been reported to have caused many deaths due to faulty parts and the certification process. During the discussion of FAA power, I mentioned certification. My research is intended to determine where the FAA failed with regard to the Boeing 737 Max.




PART 1 is information to complete Part 2 Assignment:



Part 2 – Amicus Exercise (Analysis) – Often in high-stakes litigation dealing with significant public policy issues, non-parties to a lawsuit (outsiders) who have a particular interest in a case outcome may file an amicus brief— “amicus” meaning, “friend of the court.” The amicus brief is a persuasive tool that provides the court with additional authority and source material in support of a particular position. In this assignment, the student will write a position paper for each side of the chosen topic (two sides—for and against = two position papers) as if writing an open letter to the court in support of each position. The paper should be written as though coming from two separate and opposing authors. The paper should use APA formatting and use citations and references to case law, scholarly articles, and commentary. Again, one position paper for one side of the topic and another position paper in opposition. Each position should be argued in 450-550 words for a total of 900-1100 words total. You should submit both papers contained in one document.








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