The Experts below are selected from a list of 276 Experts worldwide ranked by ideXlab platform

Ted Polley - One of the best experts on this subject based on the ideXlab platform.

Jessica Reed - One of the best experts on this subject based on the ideXlab platform.

Errin Levingston - One of the best experts on this subject based on the ideXlab platform.

John Holcomb - One of the best experts on this subject based on the ideXlab platform.

  • The Federal Government in Public Education: An Appropriate Role
    International Journal of Educational Management, 1993
    Co-Authors: John Holcomb
    Abstract:

    Discusses the Constitutional responsibilities of the US Federal Government for public schools. Citing “control follows funding”, argues that control should remain with the states and school boards. Offers suggestions for reorganizing educational spending and improving educational programmes and school standards. Details important ways for the Federal Government to contribute without taking control.

Gregory C. Sisk - One of the best experts on this subject based on the ideXlab platform.

  • Foreword: Official Wrongdoing and the Civil Liability of the Federal Government and Officers
    2012
    Co-Authors: Gregory C. Sisk
    Abstract:

    During the past several decades, Congress has progressively relaxed the protection of sovereign immunity for the Federal Government and has granted consent for individuals to seek relief in a judicial forum for most categories of claims against the Federal Government. In this symposium, the participants addressed the question of how and where to draw the line between those kinds of harm caused by Government that are properly the subject for a judicial remedy by a damages judgment against the United States or its officers and those collateral, but sometimes substantial, consequences of vital or policy-oriented Government operations that should be shielded from judicial review. Together with introductory words about each contribution to the symposium, this Foreword offers an overview of the law governing governing common-law (Federal Tort Claims Act) and constitutional tort (Bivens) liability for the Federal Government itself or individual Federal Government officials.

  • Litigation with the Federal Government : cases and materials
    2007
    Co-Authors: Gregory C. Sisk
    Abstract:

    This book takes a comprehensive look at the Federal Government as a civil litigant and related laws. You'll find in-depth substantive discussion supported by expert analysis and commentary, case citations, statutes, and court rules. Reap the benefits of the author's experience, opinions, and insight. Representative topics include suits against Federal officers, the United States as plaintiff, the Federal Government as civil litigant, and the doctrine of Federal sovereign immunity.

  • Litigation with the Federal Government
    2000
    Co-Authors: Gregory C. Sisk
    Abstract:

    Every lawyer recognizes that the United States Government is involved in every Federal criminal case. Fewer appreciate that the Federal Government regularly is a party, as plaintiff or defendant, to more than one-fifth and as much as one-quarter of all the civil cases in the Federal courts. Any lawyer who practices regularly in the Federal courts eventually will encounter the Federal Government as a party and will learn, as the Supreme Court stated nearly 60 years ago, "it is too late in the day to urge that the Government is just another private litigant, for purposes of charging it with liability." Federal Crop Ins. Corp. v. Merrill, 332 U.S. 380, 383 (1947). The United States is hardly a typical litigant, as it benefits from a plethora of special procedures, defenses, and limitations on liability not available to others. Indeed, the Federal Government may not be subjected to suit at all absent its own express consent pursuant to the doctrine of Federal sovereign immunity. Congress has enacted statutory waivers of sovereign immunity that cover most substantive areas of law and apply to most situations in which a plaintiff would seek relief. However, the Federal Government retains advantages and immunities not available to private parties. Moreover, while the statutory waivers of sovereign immunity do create something of a broad network or tapestry of authorized judicial actions against the Government, they do not cover everything and each individual waiver is subject to significant exceptions. Congress has responded to the problem of sovereign immunity, seeking to find the appropriate balance between allowing access to court relief and protecting important Governmental policy operations from judicial intervention. We learn much about a system of Government by examining when and how that Government responds (or fails to respond) to injuries inflicted by its agents or activities upon its own citizens. As Justice Holmes admonished nearly a century ago, "men must turn square corners when they deal with the Government." Rock Island, A. & L.R. Co. v. United States, 254 U.S. 141, 143, (1920) (Holmes, J.). Yet, far too often, attorneys representing clients against the Government fail to heed - or even recognize - this classic proverb of Federal Government litigation. And it is impossible to turn squarely unless one learns where those corners are. By offering something of a map, this treatise is dedicated to assisting practitioners in anticipating the curves of the law of Federal Government litigation so these corners will not be quite as sharp. In this completely rewritten fourth edition of the treatise, the reader will encounter the following topics among many others: understanding the structure and operation of the Department of Justice as the litigating arm of the Federal Government; conducting civil discovery against the Federal Government, its agencies, and officers; negotiating settlement of civil lawsuits against the Federal Government; navigating the procedural obstacles to make a tort claim against the United States under the Federal Tort Claims Act; appreciating the limits on and exceptions to holding the Government liable in tort under the Federal Tort Claims Act, especially when policy concerns are raised; recognizing the immunity of the Government from claims for injuries suffered by civilian and military employees; seeing how a personal injury suit against a Federal employee may be converted by the Government into a suit against itself, even when the result is dismissal of the action by reason of Governmental immunity; studying special tribunals with nationwide jurisdiction, such as the Court of Federal Claims, the Court of Appeals for Veterans Claims, and the Court of Appeals for the Federal Circuit; learning about special procedures for asserting contract claims under the Contract Disputes Act, for civilian and military employment claims under the Civil Service Reform Act and the Tucker Act, and for statutory, taking of property, Indian breach of trust, and other monetary claims under the Tucker Act; obtaining awards of attorney's fees against the Federal Government under multiple statutes, including the Equal Access to Justice Act; and exploring the role of the Federal Government as a plaintiff in civil litigation, including the scope of its right to sue, whether it is subject to statutes of limitations, and when and how counterclaims may be asserted against it.