Hidden fields
Books Books
" Congress wished to prevent judicial "second-guessing" of legislative and administrative decisions grounded in social, economic, and political policy through the medium of an action in tort. "
Aviation Safety: Issues Raised by the Crash of Valujet Flight 592 : Hearing ... - Page 561
by United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Aviation - 1997 - 571 pages
Full view - About this book

United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 467

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1987 - 1226 pages
...acting in its role as a regulator of the conduct of private individuals. Congress wished to prevent "second-guessing" of legislative and administrative...political policy through the medium of an action in tort. Pp. 807-814. (b) Here, the discretionary function exception precludes a tort action based upon the...
Full view - About this book

Price-Anderson Amendments Act of 1987: Joint Hearings Before the ...

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Energy and the Environment - 1988 - 406 pages
...activities from exposure to suit by private citizens. Congress wished to prevent judicial "second guessing* of legislative and administrative decisions grounded...discretionary governmental functions, including regulatory 198 - 5 activities, Congress took 'steps to protect the Government from liability that would seriously...
Full view - About this book

Legislation to Amend the Federal Tort Claims Act: Hearing Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1988 - 304 pages
...acts of the Government acting in its role as a regulator of the conduct of private individuals .... Congress wished to prevent judicial 'secondguessing'...political policy through the medium of an action in tort." Id. Turning to the cases before it, the Supreme Court held that all the acts involved clearly fell...
Full view - About this book

Discretionary Function Exemption of the Federal Tort Claims Act and the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1990 - 684 pages
...to "all employees exercising discretion." Daltkit*, 346 US at 33, 73 S.Ct at 966. Second, "Congreaa wished to prevent judicial 'second-guessing' of legislative...political policy through the medium of an action in tort." Therefore, if judicial review would encroach upon thai type) of balancing done by an agency, then the...
Full view - About this book

The Aviation Security Improvement Act of 1990: Joint Hearing and ..., Volume 4

United States. Congress. House. Committee on Foreign Affairs - 1990 - 332 pages
...exception was "to prevent judicial 'second-guessing* of legislative and administrative decisions founded in social, economic, and political policy through the medium of an action in tort." 7 In its most recent explication of the discretionary function exception, the Supreme Court held that...
Full view - About this book

The Aviation Security Improvement Act of 1990: Joint Hearing and ..., Volume 4

United States. Congress. House. Committee on Foreign Affairs - 1990 - 346 pages
...exception was "to prevent judicial 'second-guessing' of legislative and administrative decisions founded in social, economic, and political policy through the medium of an action in torf7 In its most recent explication of the discretionary function exception, the Supreme Court held...
Full view - About this book

Discretionary Function Exemption of the Federal Tort Claims Act and the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations - 1990 - 684 pages
...original intent of the Congress in adopting the defense, ie . "to prevent judicial 'second-guessing1 of legislative and administrative decisions grounded in social, economic and political policy . . . ." United States v. Varia Airlines. 467 US 797, 814 (1984) . Unfortunately, this policy/operational...
Full view - About this book

Ricky Ray Hemophilia Relief Fund Act of 1995: Hearing Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration and Claims - 1997 - 384 pages
...prevent judicial "secondgUMatng* of legislative and administrative decisions grounded in social, •TnK and political policy through the medium of an action in tort. By tuMmiii^ m exception for discretionary governmental runctkmi, Including regulatory activltjei. Congress...
Full view - About this book

Responsibility for Drug-induced Injury: A Reference Book for Lawyers, the ...

Graham Dukes, Maurice Nelson Graham Dukes, Mark Mildred, Barbara Swartz - 1998 - 584 pages
...for the discretionary function exception was Congress' desire to "prevent judicial "second guessing" of legislative and administrative decisions grounded in social, economic and political policy tbrough the medium of an action in tort. The exception, properly construed, therefore protects only...
Limited preview - About this book

Judicial Review in European Union Law:Essays in Honour of Lord Slynn

Gordon Slynn Baron Slynn of Hadley - 2000 - 724 pages
...level'," Cass, supra n. 13 at 1 19. to attempt to maintain the presumed purpose of the exception, ". . . to prevent judicial 'second-guessing' of legislative...economic and political policy through the medium of a tort suit."27 The problem, of course, is that of delimitation: just where is the line between an...
Limited preview - About this book




  1. My library
  2. Help
  3. Advanced Book Search
  4. Download EPUB
  5. Download PDF