The Federal Tort Claims Act: A proposal for institutional reform

Under the Federal Tort Claims Act (FTCA) citizens may sue the federal government in tart. However, the FTCA has exceptions, which identify situations in which the government is immune from suit. Among these is the discretionary function exception. This Note explains how the discretionary function exception has swallowed much of the liability the FTCA creates, leaving many deserving claimants without a remedy. In response to this basic problem many scholars propose curtailing the discretionary function exception significantly. This is an unsatisfactory solution however. While the exception is seen principally as protecting the separation of powers, it also serves a fiscal function. It protects public funds by limiting the government's tart liability. Recognizing the tension between compensating victims and protecting the public treasury, this Note offers a reform proposal. The Note suggests an administrative framework for handling federal tart claims. The purpose of the proposed model is to reduce the inequity of the federal tort system while working within the fiscal boundaries of the current regime.