 | United States. Congress. House. Committee on Foreign Affairs - 1990 - 332 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." 8 The Court distinguished between a federal employee's discretion to make policy judgments and his... | |
 | 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... | |
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US 15, 34 (1953) (stating that the exception protects "the discretion of the executive or the administrator to act according to one's judgment of the best course"). Thus, the discretionary function exception will not apply when a federal statute, regulation,... 