The Feres Doctrine: An Examination of this Military Exception to the Federal Tort Claims Act : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Seventh Congress, Second Session, October 8, 2002U.S. Government Printing Office, 2003 - 133 pages |
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Page 2
... issue , but just a note as to the concerns which I have had . In the interest of full disclosure , let me say that one of our wit- nesses today , a very distinguished Philadelphia lawyer , Richard A. Sprague , and I have been close ...
... issue , but just a note as to the concerns which I have had . In the interest of full disclosure , let me say that one of our wit- nesses today , a very distinguished Philadelphia lawyer , Richard A. Sprague , and I have been close ...
Page 3
... issue is not military discipline in the strictest sense . The Feres doctrine serves to avoid the general judicial intrusion into the area of military performance . The third policy consideration - the Federal nature of the rela ...
... issue is not military discipline in the strictest sense . The Feres doctrine serves to avoid the general judicial intrusion into the area of military performance . The third policy consideration - the Federal nature of the rela ...
Page 5
... issues and State laws when conducting exercises and training evolutions instead of focusing on operational readiness . In conclusion , the Feres doctrine is an important element of pub- lic policy and national defense policy . It is a ...
... issues and State laws when conducting exercises and training evolutions instead of focusing on operational readiness . In conclusion , the Feres doctrine is an important element of pub- lic policy and national defense policy . It is a ...
Page 8
... issue . Senator SPECTER . I am aware of that . Mr. HARRIS . As I would re - articulate , the Government , of course the Department of Justice would be concerned about cost , which would be one other reason , the protection of the ...
... issue . Senator SPECTER . I am aware of that . Mr. HARRIS . As I would re - articulate , the Government , of course the Department of Justice would be concerned about cost , which would be one other reason , the protection of the ...
Page 11
... issues in- herent in these inquiries is why I believe the Supreme Court has upheld Feres for so long . Soldiers die in training incidents , even ... issue , then perhaps we need to work together to increase the compensation that would 11.
... issues in- herent in these inquiries is why I believe the Supreme Court has upheld Feres for so long . Soldiers die in training incidents , even ... issue , then perhaps we need to work together to increase the compensation that would 11.
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abuses active duty Admiral WEAVER alleged allow Altenburg American arising ARLEN SPECTER armed forces armed services Ashland barred benefits Bonnie O'Neill chain of command citizens civilian combatant activities Congress defense disability disruptive effect Ensign Federal Tort Claims Feres doctrine Fidell FTCA hearing incident to service injuries or death issue judicial Justice Scalia Kerry Kerryn O'Neill killed lawsuits Leahy legislation liability matter medical malpractice Military Justice military members military personnel military service military's murder nation Naval Navy negligence no-fault compensation system O'Neill's officer order and discipline Patrick Leahy Protection question rationale record redress remedy result Senate Judiciary Committee Senator SPECTER service members service-connected servicemen serving SKLUTE Smith soldier sovereign immunity spouse Sprague statement suit Supreme Court Thank Tort Claims Act tort law tort litigation U.S. Army UCMJ Uniform Code unit cohesion United States Congress VERPA believes Veterans Whistleblower Protection Act