• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    The Federal Tort Claims Act and the “Discretionary Function” Exception: The Sluggish Retreat of an Ancient Immunity

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    The_Federal_Tort_Claims_Act_an ...
    Size:
    447.0Kb
    Format:
    PDF
    Download
    Author
    James, Fleming
    Keyword
    The Federal Tort Claims Act and the “Discretionary Function” Exception: The Sluggish Retreat of an Ancient Immunity
    10 U. Fla. L. Rev. 184 (1957)
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/2572
    Abstract
    The older pattern of governmental immunity is familiar. Almost no one contends that it is fully defensible, yet almost no one contends that there should be compensation for all the ills that result from governmental operations. No one, for instance, suggests that there should be liability for the injurious consequence of political blunders such as the unwise imposition of tariff duties or the premature lifting of OPA controls. As long, at least, as liability is to be rested on fault there is a very good reason why the courts should not inquire into such matters. Fault here would mean an unreasonable mistake in legislative or executive action. The separation of powers in our form of government and a decent regard by the judiciary for its co-ordinate branches should make courts reluctant to sit in judgment on the wisdom or reasonableness of legislative or executive political action. Moreover, courts are not particularly well suited to pursue the examinations that would be necessary to make this kind of judgment.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2023)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.