Add to ORKGSeveral commentators have maintained that the federal courts have taken confusing and inconsistent positions with regard to the discretionary function exception to the Federal Tort Claims Act. The authors attempt to refute this position by analyzing more recent opinions and finding a trend. This trend has led to a less confusing and more definite framework depending upon various factors which will appear in every case. By analyzing these factors while keeping in mind the purposes of both the Act and the exception, the authors conclude that the outcome of any dispute in this area will be susceptible to a higher degree of predictability
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. ...
Since Congress created the lower federal courts in 1789, there has been a problem defining the scope...
Mackie Shivers, a sixty-four-year-old man, was stabbed in the eye by his mentally-ill cellmate with ...
In 1996 the Federal Tort Claims Act turns fifty. Few statutes reach the half-century mark only sligh...
The purpose of this article is a limited one. It contains no suggestions for a broad statutory schem...
The Federal Tort Claims Act (FTCA) pulls back the curtain of sovereign immunity and allows private c...
The discretionary function exception is a powerful departure from the Federal Tort Claims Act’s gene...
The doctrine of the immunity of the sovereign in tort has long been the subject of attack by statesm...
The doctrine of sovereign immunity generally bars suits against the federal government. The Federal ...
The United States Supreme Court held that the discretionary function exception of the FTCA will not ...
[A]lthough the legislative history of the FTCA lends great support for the argument that the doctrin...
This comment will focus on the different circuits\u27 responses to the issue of whether the SIA shou...
On June 2, 2010, the U.S. Court of Appeals for the Fifth Circuit sitting en banc in Castro v. United...
The common law established the doctrine of sovereign immunity whereby the government is not civilly ...
These two short pieces discuss General Dynamics Corp. v. United States, in which the Ninth Circuit r...
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. ...
Since Congress created the lower federal courts in 1789, there has been a problem defining the scope...
Mackie Shivers, a sixty-four-year-old man, was stabbed in the eye by his mentally-ill cellmate with ...
In 1996 the Federal Tort Claims Act turns fifty. Few statutes reach the half-century mark only sligh...
The purpose of this article is a limited one. It contains no suggestions for a broad statutory schem...
The Federal Tort Claims Act (FTCA) pulls back the curtain of sovereign immunity and allows private c...
The discretionary function exception is a powerful departure from the Federal Tort Claims Act’s gene...
The doctrine of the immunity of the sovereign in tort has long been the subject of attack by statesm...
The doctrine of sovereign immunity generally bars suits against the federal government. The Federal ...
The United States Supreme Court held that the discretionary function exception of the FTCA will not ...
[A]lthough the legislative history of the FTCA lends great support for the argument that the doctrin...
This comment will focus on the different circuits\u27 responses to the issue of whether the SIA shou...
On June 2, 2010, the U.S. Court of Appeals for the Fifth Circuit sitting en banc in Castro v. United...
The common law established the doctrine of sovereign immunity whereby the government is not civilly ...
These two short pieces discuss General Dynamics Corp. v. United States, in which the Ninth Circuit r...
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. ...
Since Congress created the lower federal courts in 1789, there has been a problem defining the scope...
Mackie Shivers, a sixty-four-year-old man, was stabbed in the eye by his mentally-ill cellmate with ...