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Hastings International and Comparative Law Review

Abstract

Great Britain recently eliminated the military exception to the Crown Proceedings Act of 1947. The United States, by comparison, adheres to the Feres doctrine, the judicially created exception to the Federal Tort Claims Act. This note examines the rationales for prohibiting service members from suing under a nation's tort claims act, and the reasons why Parliament decided in 1987 to allow British military personnel to sue under the Crown Proceedings Act. The Note concludes with a discussion of why Congress should follow Britain's lead and abolish the Feres doctrine.

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