Several commentators have maintained that the federal courts have taken confusing and inconsistent positions with regard to the discretionary function exception to the Federal Tort Claims Act. The authors attempt to refute this position by analyzing more recent opinions and finding a trend. This trend has led to a less confusing and more definite framework depending upon various factors which will appear in every case. By analyzing these factors while keeping in mind the purposes of both the Act and the exception, the authors conclude that the outcome of any dispute in this area will be susceptible to a higher degree of predictability.
Bruce A. Harris and Robert Cory Schnepper,
Federal Tort Claims Act: Discretionary Function Exception Revisited,
31 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol31/iss1/8