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 4
... order and discipline , providing support to our military members in the Washington , D.C. , area , to those who are forward - deployed and prosecuting the war on terrorism , and sustaining the larger architecture of military readiness ...
... order and discipline , providing support to our military members in the Washington , D.C. , area , to those who are forward - deployed and prosecuting the war on terrorism , and sustaining the larger architecture of military readiness ...
Page 5
... Discipline , morale , and unit cohesion are the hallmarks of an ef- fective fighting force . Everything the ... order and discipline in the military and of en- hancing the effectiveness and operational capability of our armed forces . It ...
... Discipline , morale , and unit cohesion are the hallmarks of an ef- fective fighting force . Everything the ... order and discipline in the military and of en- hancing the effectiveness and operational capability of our armed forces . It ...
Page 6
... order and discipline , and Admiral Weaver makes a reference to combat , I can certainly see the need for order and discipline in combat . The comment was made about one sailor suing another , apparently , in the course of duty , but how ...
... order and discipline , and Admiral Weaver makes a reference to combat , I can certainly see the need for order and discipline in combat . The comment was made about one sailor suing another , apparently , in the course of duty , but how ...
Page 7
... order and discipline , and I can see that , but order and discipline has nothing to do with the Kerryn O'Neill case . And whether she is on - base or off - base , housing allowance or not , or in an apartment which is more expensive ...
... order and discipline , and I can see that , but order and discipline has nothing to do with the Kerryn O'Neill case . And whether she is on - base or off - base , housing allowance or not , or in an apartment which is more expensive ...
Page 8
... order and discipline and the relations that exist in a military organiza- tion one to another . Senator SPECTER . OK , I think your positions are 8.
... order and discipline and the relations that exist in a military organiza- tion one to another . Senator SPECTER . OK , I think your positions are 8.
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abuses active duty Admiral WEAVER alleged allow Altenburg American arising ARLEN SPECTER armed forces armed services 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 plaintiffs 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
Popular passages
Page 27 - Government shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government in carrying out the provisions of this section.
Page 49 - The justification for doing so is that it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome would dampen the ardor of all but the most resolute, or the most irresponsible, in the unflinching discharge of their duties.
Page 95 - Brooks' relationship while on leave was not analogous to that of a soldier injured while performing duties under orders. We conclude that the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.
Page 65 - Government has been governed exclusively by federal law. We do not think that Congress, in drafting this Act, created a new cause of action dependent on local law for service-connected injuries or death due to negligence. We cannot impute to Congress such a radical departure from established law in the absence of express congressional command.
Page 82 - The peculiar and special relationship of the soldier to his superiors, the effects of the maintenance of such suits on discipline, and the extreme results that might obtain if suits under the Tort Claims Act were allowed for negligent orders given or negligent acts committed in the course of military duty, led the Court to read that Act as excluding claims of that character.
Page 42 - ... (A) the extraordinary responsibilities of the armed forces, the unique conditions of military service, and the critical role of unit cohesion, require that the military community, while subject to civilian control, exist as a specialized society; and (B) the military society is characterized by its own laws, rules, customs, and traditions, including numerous restrictions on personal behavior, that would not be acceptable in civilian society.
Page 54 - Yours is the profession of arms, the will to win, the sure knowledge that in war there is no substitute for victory, that if you lose, the Nation will be destroyed, that the very obsession of your public service must be duty, honor, country.
Page 63 - The Secretary of a military department, under procedures established by him and approved by the Secretary of Defense, and acting through boards of civilians of the executive part of that military department, may correct any military record of that department when he considers it necessary to correct an error or remove an injustice.
Page 91 - There are few guiding materials for our task of statutory construction. No committee reports or floor debates disclose what effect the statute was designed to have on the problem before us, or that it even was in mind. Under these circumstances, no conclusion can be above challenge, but if we misinterpret the Act, at least Congress possesses a ready remedy. We do not overlook considerations persuasive of liability in these cases. The Act does confer district court jurisdiction generally over claims...
Page 65 - The United States shall be liable in the same manner and to the same extent as a private individual under like circumstances . . . .