| United States. Congress. House. Committee on Foreign Affairs - 1990 - 346 pages
...these decisions were made negligently, the government ordinarily could not be held liable for them.* The exception would be where a guideline "specifically...aviation terrorism, and a federal official decides in H particular case that, although such a parson has made a threat, in this case the threat ia not credible,... | |
| United States. Congress. House. Committee on Foreign Affairs - 1990 - 340 pages
..."the discretionary function exception will not apply when a federal statute, regulation, or policy specifically prescribes a course of action for an...rightful option but to adhere to the directive."* The Court distinguished between a federal employee's discretion to make policy judgments and his lack... | |
| E. Lauterpacht, C. J. Greenwood - 1994 - 852 pages
..."the discretionary function exception will not apply when a federal statute, regulation, or policy specifically prescribes a course of action for an...no rightful option but to adhere to the directive." 486 US at 536,108 S.Ct at 1958. Because Goldstar cannot rely on the Hague Convention to establish an... | |
| Gordon Slynn Baron Slynn of Hadley - 2000 - 724 pages
...Court held that the DFE section does not apply ". . . when a federal statute, regulation, or policy specifically prescribes a course of action for an...no rightful option but to adhere to the directive. And if the employee's conduct cannot appropriately be the product of judgment or choice, then there... | |
| Sienho Yee - 2004 - 321 pages
...cannot be within the discretion of the federal agent. The Court's rationale for this conclusion was that "[i]n this event, the employee has no rightful option but to adhere to the directive."48 Therefore, a faithful reading of the Berkovitz case supports the proposition that a federal... | |
| Institute of Medicine, National Academy of Engineering, National Academy of Sciences, Committee on Science, Engineering, and Public Policy, Committee on Ensuring the Best Presidential and Federal Advisory Committee Science and Technology Appointments - 2005 - 226 pages
...or choice. . . . Thus, the discretion [does] not apply when a federal statute, regulation, or policy specifically prescribes a course of action for an...no rightful option but to adhere to the directive. And if the employee's conduct cannot appropriately be the product of judgment or choice, then there... | |
| Gregory C. Sisk - 2006 - 694 pages
...Thus, the discretionary function exception will not apply when a federal statute, regulation, or policy specifically prescribes a course of action for an...no rightful option but to adhere to the directive. And if the employee's conduct cannot appropriately be the product of judgment or choice, then there... | |
| |