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Full-Text Articles in Law
The Supreme Court's Rejection Of Government Indemnification To Agent Orange Manufacturers In Hercules, Inc. V. United States: Distinguishing The Forest From The Trees?, Kacey Reed
University of Richmond Law Review
In recent years, the Supreme Court clarified the scope of immunity afforded to contractors for damages resulting from the performance of a government contract. However, the extent of the government's responsibility to indemnify third party claims resulting from a government contract has remained relatively obscure. Without clear direction, courts rejected government indemnification, relying upon a variety of detailed points of contract law which often concealed larger issues. In an appellate court dissent, Judge Plager criticized this result, warning that "undue attention to trees . . . often hides the forest."' Recently, in Hercules, Inc. v. United States, the Supreme Court …
Feres To Chappell To Stanley: Three Strikes And Servicemembers Are Out, Jonathan P. Tomes
Feres To Chappell To Stanley: Three Strikes And Servicemembers Are Out, Jonathan P. Tomes
University of Richmond Law Review
With its decision in United States v. Stanley, the United States Supreme Court completed the virtual evisceration of servicemembers' constitutional rights begun thirty-seven years before in Feres v. United States. Although the courts have never expressly held that servicemembers do not enjoy the same constitutional rights that other citizens enjoys the Supreme Court's decision in Stanley has left servicemembers without an effective remedy to vindicate their constitutional rights. Rights without means of enforcing them are meaningless.
Toxic Substances Litigation In The Fourth Circuit, Francis E. Mcgovern
Toxic Substances Litigation In The Fourth Circuit, Francis E. Mcgovern
University of Richmond Law Review
Personal injuries caused by toxic substances have generated problems of major concern to our social, political and legal systems. Reports in the news media concerning harm caused by toxic substances and expressions of public awareness of potential dangers associated with exposure to toxic substances are commonplace. Legislatures, administrative agencies and courts at both federal and state levels have begun to devote substantial energy to addressing issues raised by exposure to toxic Substances. Scientific, industrial, financial, and legal communities are seeking to deal with these problems from a number of different perspectives. Just as terms such as "Love Canal" and "asbestosis" …
Constitutional Torts And The Federal Torts Claims Act, Michael W. Dolan
Constitutional Torts And The Federal Torts Claims Act, Michael W. Dolan
University of Richmond Law Review
The relatively recent expansion of the liability of federal employees for so-called constitutional torts and the accompanying contraction of the immunity of those employees against suits for such torts have resulted in significant problems for the federal government, its employees, and even for victims of official misconduct. After briefly describing the law of constitutional torts and official immunity, this article will examine a proposal to amend the Federal Tort Claims Act to make the Government the exclusive defendant in constitutional tort suits.
Liability Of The United States For Maritime Torts, Walkley E. Johnson Jr.
Liability Of The United States For Maritime Torts, Walkley E. Johnson Jr.
University of Richmond Law Review
The United States Government owns and operates by far the largest fleet in the Americas. It is a fleet which includes not only the high profile carriers, cruisers and destroyers but a miscellany of tugs, barges, tankers, frigates, car floats and lighters. It includes cargo vessels as well as warships. Thus, the potential for the commission of maritime torts is manifest simply from the number and variety of government vessels at sea. Add the myriad responsibilities exercised by Government agencies such as the United States Coast Guard, and the potential for tortious involvement is enormous.
Torts- State Tort Immunity Extended To Administrators And Intern Of State Supported Hospital
Torts- State Tort Immunity Extended To Administrators And Intern Of State Supported Hospital
University of Richmond Law Review
The doctrine of sovereign immunity as developed in England and adopted in the United States has its roots in feudalism. While it is not clear how this monarchistic doctrine came to be adopted in the new and belligerently democratic republic of America, it has become firmly entrenched in our jurisprudential system. Sovereign immunity as applied to tort actions means that the state, in consequence of its sovereignty, is immune from liability for negligence, except where it has expressly waived immunity by legislative enactment or judicial decision. While the Federal Tort Claims Act waives federal tort immunity in certain situations, the …
The Federal Tort Claims Act: A Substantive Survey, Robert N. Johnson
The Federal Tort Claims Act: A Substantive Survey, Robert N. Johnson
University of Richmond Law Review
The enactment of the Federal Tort Claims Act (FTCA) on August 2, 1946, provided the most comprehensive waiver of sovereign immunity encountered in the Federal Claims System.
Third Party Actions Under Workmen's Compensation Act, J. Westwood Smithers
Third Party Actions Under Workmen's Compensation Act, J. Westwood Smithers
University of Richmond Law Review
At common law any person who wrongfully injures another, intentionally or negligently, is liable to compensate such other person for his damages if the injured person is himself free from contributory fault. If the tortfeasor is a servant, acting within the scope of his employment, his employer (or master) is also liable to answer for the wrong under the long-established doctrine of respondeat superior,with certain exceptions in which immunity is granted to the state, or subdivisions thereof, and to charitable institutions. The trend in modern times has been to narrow, or to entirely abolish, such immunity. By the Federal Tort …