Legislators chose disaster-relief over fault-based framing to set award ceilings
Evidence
“The major differences between S. 1077 and this committee’s amendment, which is in the nature of a substitute bill to S. 1077, are three: First, the Senate bill makes a finding of fact that the Federal Government is equitably responsible for the explosion at Texas City. The committee amendment denies any equitable or legal responsibility on the part of the United States Government forthat disaster. In providing compensation for these people the committee amendment bases such relief on the theory that such payments are to be in the nature of disaster-relief benefits. Second, the Senate bill places jurisdiction in the Federal district courts of Texas to adjudicate and settle these claims, whereas the committee amendment authorizes the Secretary of the Army to settle the claims. Third, the Senate bill would compensate all claims for death, personal injury, and property damage without limitation in amount, whereas the committee amendment sets a maximum limitation of $20,000 for each type of claim. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2138
Categorization
- XREF: connects to: The word wrongful in the FTCA does not import strict liability, only trespass — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2095; Policymakers shift blame for escalation onto circumstances to shed responsibility — Albert Bandura, Moral Disengagement: How People Do Harm…, 2493
Broader Connections
- Policymakers shift blame for escalation onto circumstances to shed responsibility
#corroborates(0.85) — Albert Bandura, Moral Disengagement, 2493