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Full-Text Articles in Law
Understanding The Federal Tort Claims Act: A Different Metaphor, Paul F. Figley
Understanding The Federal Tort Claims Act: A Different Metaphor, Paul F. Figley
Articles in Law Reviews & Other Academic Journals
When it enacted the Federal Tort Claims Act Congress waived the United States’ sovereign immunity for certain torts of the federal government. That waiver is subject to exclusions, exceptions, and limitations that may seem puzzling or counterintuitive. This essay explains the structure and operation of the Federal Tort Claims Act by comparing it to “a traversable bridge across the moat of sovereign immunity” (a metaphor used by Judge Max Rosenn in a slightly different context). The essay examines why Congress enacted the FTCA, the jurisdictional grant that allows some tort claims but not others, the pre-requisites to bringing suit, the …
Hunting Promissory Estoppel, David V. Snyder
Hunting Promissory Estoppel, David V. Snyder
Contributions to Books
This paper considers how promissory estoppel jobs are undertaken in two jurisdictions that ought not to need promissory estoppel. The purpose is to achieve a better understanding of systematic decisions to enforce promises and to discover the doctrinal combinations possible in mixed Civil Law/Common Law jurisdictions. This bilateral comparison allows an examination of the different philosophical and moral bases for according promises legal force, whether founded on contract and will or on delict and injury. The differing functions of formalities are also discussed. More particularly, Scotland does not have promissory estoppel but has a remarkable doctrine allowing the enforceability even …
Writer's Block - Resolve To Become A Better Writer, David Spratt
Writer's Block - Resolve To Become A Better Writer, David Spratt
Articles in Law Reviews & Other Academic Journals
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