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" ... 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, whether or not the discretion involved be abused. "
Code of Federal Regulations: Containing a Codification of Documents of ... - Page 160
1999
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Towards an International Law of Co-Progressiveness

Sienho Yee - 2004 - 308 pages
...apply to — (a) 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, whether or not the discretion involved be abused. 28 USC 2680 (1988). See supra note...
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Drug and Medical Device Product Liability Deskbook

James Beck, Anthony Vale - 2004 - 1712 pages
...held liable for: fa]ny 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, whether or not the discretion involved be abused.3 The parameters of the discretionary...
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The Legal Foundations of Public Administration

Donald D. Barry, Howard R. Whitcomb - 2005 - 352 pages
...the act does not extend to claims "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, whether or not the discretion involved be abused." This exception has been called "the...
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Disasters and the Law: Katrina and Beyond

Daniel A. Farber, Jim Chen - 2006 - 348 pages
...installations and other federal properties. 4. The Stafford Act immunizes the federal government against "any claim based upon the exercise or performance...federal government in carrying out the provisions of this chapter." 42 USC 5148. This language is almost identical to the Federal Tort Claims Act's exception...
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Architect and Engineer Liability: Claims Against Design Professionals

Kevin R. Sido - 2006 - 734 pages
...is not liable when the claim is 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 whether or not the discretion involved be abused."5 In determining whether this exception...
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Bureaucracy and the Policy Process: Keeping the Promises

Dennis D. Riley, Bryan E. Brophy-Baermann - 2006 - 399 pages
...Claims Act is the one for "claims 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, whether or not the discretion involved be abused." Much of what government does is make...
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The Liability of Classification Societies

Nicolai I. Lagoni - 2007 - 380 pages
...Ed. 2d 531(1988). "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, whether or not the discretion involved be abused."944 In Varig Airlines, the Supreme Court...
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Informants and Undercover Investigations: A Practical Guide to Law, Policy ...

Dennis G. Fitzgerald - 2007 - 428 pages
...statute or regulation be valid, or 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, whether or not the discretion involved be abused.*6 At least one court has recognized that...
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State Responsibility for Interferences with the Freedom of Navigation in ...

Philipp Wendel - 2007 - 286 pages
...immunity against "[a]ny 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 [United States], whether or not the discretion involved be abused."44 The Supreme Court has adopted...
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