Federal Tort Claims Act

Federal Tort Claims Act

Date: April 27, 2009
Creator: Cohen, Henry & Cohen, Henry
Description: The Federal Tort Claims Act is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. This report discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defense to products liability design defect suits.
Contributing Partner: UNT Libraries Government Documents Department
Brief Summaries of Federal Animal Protection Statutes

Brief Summaries of Federal Animal Protection Statutes

Date: August 15, 2008
Creator: Cohen, Henry
Description: This report contains brief summaries of federal animal protection statutes, listed alphabetically. It includes statutes that allow the disabled to use service animals, statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994), as well as other statutes concerning animal protection and conservation.
Contributing Partner: UNT Libraries Government Documents Department
Brief Summaries of Federal Animal Protection Statutes

Brief Summaries of Federal Animal Protection Statutes

Date: December 18, 2008
Creator: Cohen, Henry
Description: This report contains summaries of federal animal protection statutes, listed alphabetically. It does not include treaties, although it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute's purposes is to protect domestic and "game" animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes' benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: October 16, 2009
Creator: Cohen, Henry
Description: This report provides an overview of the major exceptions to the First Amendment - of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. For example, the Court has decided that the First Amendment provides no protection to obscenity, child pornography, or speech that constitutes "advocacy of the use of force or of law violation ... where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."
Contributing Partner: UNT Libraries Government Documents Department
The "Son of Sam" Case: Legislative Implications

The "Son of Sam" Case: Legislative Implications

Date: November 30, 1998
Creator: Cohen, Henry
Description: In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the Supreme Court decision.
Contributing Partner: UNT Libraries Government Documents Department
Brief Summaries of Federal Animal Protection Status

Brief Summaries of Federal Animal Protection Status

Date: October 16, 2006
Creator: Cohen, Henry
Description: This report contains brief summaries of federal animal protection statutes, listed alphabetically. It does not include treaties, although it does include statutes enacted to implement treaties. It includes statutes concerning animals that are not entirely, or not at all, animal protection statutes. For example, it includes a statute authorizing the eradication of predators, because one of the statute’s purposes is to protect domestic and “game” animals; and it includes statutes to conserve fish, although their ultimate purpose may not be for the fishes’ benefit. It also includes statutes that allow the disabled to use service animals, and even includes statutes aimed at acts of animal rights advocates (the Animal Enterprise Protection Act of 1992, and the Recreational Hunting Safety and Preservation Act of 1994).
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: November 5, 2001
Creator: Cohen, Henry
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Asbestos Compensation Act of 2000

Asbestos Compensation Act of 2000

Date: April 13, 2000
Creator: Cohen, Henry
Description: This report summarizes H.R. 1283, 106th Congress, the Asbestos Compensation Act of 2000, as ordered to be reported with amendments by the House Committee on the Judiciary on March 16, 2000. The bill would create an administrative procedure for asbestos liability claims.
Contributing Partner: UNT Libraries Government Documents Department
Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Date: January 24, 2006
Creator: Cohen, Henry
Description: In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys’ fees of the prevailing party. The major common law exception authorizes federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party’s fees. This report discusses the Equal Access to Justice Act (EAJA), which makes the United States liable for attorneys’ fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified.
Contributing Partner: UNT Libraries Government Documents Department
Products Liability: A Legal Overview

Products Liability: A Legal Overview

Date: October 28, 2005
Creator: Cohen, Henry
Description: None
Contributing Partner: UNT Libraries Government Documents Department
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