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Articles 1 - 4 of 4
Full-Text Articles in Law
Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross
Help Me Help You: Why Congress's Attempt To Cover Torts Committed By Indian Tribal Contractors With The Ftca Hurts The Government And The Tribes, Joseph W. Gross
American University Law Review
No abstract provided.
Ethical Intersections & The Federal Tort Claims Act: An Approach For Government Attorneys, Paul F. Figley
Ethical Intersections & The Federal Tort Claims Act: An Approach For Government Attorneys, Paul F. Figley
Articles in Law Reviews & Other Academic Journals
This article suggests an ethical approach for government attorneys to follow when making decisions in the special context of the Federal Tort Claims Act. It reviews the history and purpose of the FTCA, the Judgment Fund, and the Westfall Act. It examines the swirl of competing interests that arise from the structure of the FTCA, the many defenses it provides, the deep pocket it grants successful claimants, the complete immunity it grants some tortfeasors, and the methods Congress chose for paying its settlements and judgments. It touches on the ethical obligations of government attorneys. It suggests that government attorneys responsible …
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 …
Gonzales V. United States Air Force: Should Courts Consider Rape To Be Incident To Military Service?, Elizabeth A. Reidy
Gonzales V. United States Air Force: Should Courts Consider Rape To Be Incident To Military Service?, Elizabeth A. Reidy
American University Journal of Gender, Social Policy & the Law
No abstract provided.