Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

The FTCA (Federal Tort Claims Act) does not preclude liability for uniquely governmental functions. See Indian Towing Co. v. United States, 350 U. S. 61, 350 U. S. 64-65 (1955) (disapproving argument that FTCA precludes liability for the performance of 'uniquely governmental functions'); Rayonier, Inc. v. United States, 352 U. S. 315, 352 U. S. 318-319 (1957) (same). See Feres v. United States, 340 U.S. 135 (1950). Members of the military are barred from recovering damages under the Federal Tort Claims Act for injuries sustained in military service. The Feres doctrine bars all active duty military claims. 


 The Feres doctrine started lucidly enough as a rule that barred servicemember's claims under the FTCA for injuries that 'arise out of or are [sustained] in the course of activity incident to service.' Feres, 340 U.S. at 146. This language, which derived from the words characteristically found in both state and federal workers' compensation statutes, was not chosen accidentally. Indeed, at its inception, the rule in Feres is best understood as an attempt to preclude suits by servicemembers against the government because, as military employees, they received government disability and death benefits -- benefits that ...

Register or login to access full content



Professors
Professionals
Students