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- Title
SHOULD BLACKWATER AND HALLIBURTON PAY FOR THE PEOPLE THEY'VE KILLED? OR ARE GOVERNMENT CONTRACTORS ENTITLED TO A COMMON-LAW, COMBATANT-ACTIVITIES DEFENSE?
- Authors
JOHNS, MARGARET Z.
- Abstract
The article examines combatant activities exception of the U.S. Federal Tort Claims Act under which the U.S. military is exempt from tort liability for claims arising out of the combatant activities of the military during the time of war. It explains that this exception does not apply to government contractors. It reflects that adopting a common law combatant-activities defense will violate both federalism and separation of powers principles.
- Subjects
UNITED States. Federal Tort Claims Act; GOVERNMENT contractors; ARMED Forces; COMBATANTS &; noncombatants (International law); COMMON law; FEDERAL government; SEPARATION of powers
- Publication
Tennessee Law Review, 2013, Vol 80, Issue 2, p347
- ISSN
0040-3288
- Publication type
Article