The purpose of this article is a limited one. It contains no suggestions for a broad statutory scheme for distributing all the burdens and costs of government. Its purpose is to suggest no more than a workable and just construction for the discretionary function exception of the statute. For the greatest part, the suggestion is no more than what the legislative history of the exception suggests—that the courts take note of the special problems of determining the liability of the Government for torts and then proceed to decide the cases as they would have done if the exception were not present in the act. They will not be without guides if they do so. Historical analogies from the fields of mandamus actions and private damage suits against g...
The doctrine of sovereign immunity generally bars suits against the federal government. The Federal ...
The discretionary function exception is a powerful departure from the Federal Tort Claims Act’s gene...
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. ...
The purpose of this article is a limited one. It contains no suggestions for a broad statutory schem...
The purpose of this article is a limited one. It contains no suggestions for a broad statutory schem...
In 1996 the Federal Tort Claims Act turns fifty. Few statutes reach the half-century mark only sligh...
Several commentators have maintained that the federal courts have taken confusing and inconsistent p...
The doctrine of the immunity of the sovereign in tort has long been the subject of attack by statesm...
In 1996 the Federal Tort Claims Act turns fifty. Few statutes reach the half-century mark only sligh...
The doctrine of the immunity of the sovereign in tort has long been the subject of attack by statesm...
The United States Supreme Court held that the discretionary function exception of the FTCA will not ...
The United States Supreme Court held that the discretionary function exception of the FTCA will not ...
The Federal Tort Claims Act (FTCA) pulls back the curtain of sovereign immunity and allows private c...
[A]lthough the legislative history of the FTCA lends great support for the argument that the doctrin...
The common law established the doctrine of sovereign immunity whereby the government is not civilly ...
The doctrine of sovereign immunity generally bars suits against the federal government. The Federal ...
The discretionary function exception is a powerful departure from the Federal Tort Claims Act’s gene...
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. ...
The purpose of this article is a limited one. It contains no suggestions for a broad statutory schem...
The purpose of this article is a limited one. It contains no suggestions for a broad statutory schem...
In 1996 the Federal Tort Claims Act turns fifty. Few statutes reach the half-century mark only sligh...
Several commentators have maintained that the federal courts have taken confusing and inconsistent p...
The doctrine of the immunity of the sovereign in tort has long been the subject of attack by statesm...
In 1996 the Federal Tort Claims Act turns fifty. Few statutes reach the half-century mark only sligh...
The doctrine of the immunity of the sovereign in tort has long been the subject of attack by statesm...
The United States Supreme Court held that the discretionary function exception of the FTCA will not ...
The United States Supreme Court held that the discretionary function exception of the FTCA will not ...
The Federal Tort Claims Act (FTCA) pulls back the curtain of sovereign immunity and allows private c...
[A]lthough the legislative history of the FTCA lends great support for the argument that the doctrin...
The common law established the doctrine of sovereign immunity whereby the government is not civilly ...
The doctrine of sovereign immunity generally bars suits against the federal government. The Federal ...
The discretionary function exception is a powerful departure from the Federal Tort Claims Act’s gene...
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. ...