ISBN: 0160706416 / ISBN-13: 9780160706417
The Feres Doctrine: An Examination of This Military Exception to the Federal Tort Claims ACT: Hearing Before the Committee on the Judiciary
Original publisher: Washington: U.S. G.P.O.: For sale by the Supt. of Docs., U.S. G.P.O. [Congressional Sales Office], 2003. OCLC Number: (OCoLC ... Show synopsis Original publisher: Washington: U.S. G.P.O.: For sale by the Supt. of Docs., U.S. G.P.O. [Congressional Sales Office], 2003. OCLC Number: (OCoLC)52995137 Subject: Government liability -- United States. Excerpt: ... 11 Wayne State and his legal degree from the University of Cin-cinnati. Thank you for joining us, Judge Altenburg, and I note in your resume you were born in Philadelphia. LTENBURG Mr. A. Yes, sir. Senator S. We look forward to your testimony. PECTER STATEMENT OF JOHN ALTENBURG, MAJOR GENERAL ( RE-TIRED ), FORMER ASSISTANT JUDGE ADVOCATE GENERAL, U.S. ARMY, WASHINGTON, D.C. Mr. A. Senator Specter, thank you for allowing me to LTENBURG appear before the committee. I understand that my written testi-mony will be submitted in the record. Senator S. Without objection, your full statement will ap-PECTER pear in the record. Mr. A. Yes, sir. LTENBURG There are several reasons to support the Feres doctrine, as Gen-eral Sklute just mentioned, and I also am going to confine my re-marks to the good order and discipline prong of the Feres doctrine. I am only going to discuss the effect upon military order, discipline, and effectiveness if service members are permitted to sue the Gov-ernment or each other. I think there are two aspects to the good order, discipline, and effectiveness argument. One is the uniqueness of the military set-ting and the military mission that produces the examples that sev-eral of us have provided for you, the examples of inherently dan-gerous equipment and inherently dangerous training and the mis-sions that we have talked about. But the second is one that we haven't talked about very often and I think it may be very significant, and that is the extraor-dinary regulation and control that the military exerts on itself di-rectly related to the demands that have no civilian counterparts that we make on our soldiers that are different in kind and degree from the civilian sector. I think this is why the Supreme Court con-sistently defers...
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