JUSTICE DEPARTMENT CIVIL DIVISION MONOGRAPHS AVAILABLE
by Michael Ravnitzky

The U.S. Department of Justice Civil Division staff has written several
dozen legal handbooks they call Monographs. Most of these Monographs are
posted in electronic format on the Justice Department's internal staff-only
intranet site at

http://intranet/jmd/lib/civil/monographs.htm

But unfortunately that site is NOT currently accessible to the public.

Nearly all of the Monographs are available upon written request. Most
attorneys outside the Justice Department are not aware that these useful
handbooks exist.

Here is a list of Monographs from early 2001 sorted by topic -- other titles
may now exist. The majority of the monographs are available in electronic
format, on disk or by email.

You can get a paper or electronic copy [where available] of any of these
Monographs by sending the following individual a written request and
specifying if you would prefer to receive an electronic copy or a paper
copy, and agreeing to pay fees up to $25 if necessary - a required
formality. There may not be a fee for federal or state agencies or
educational institutions.

To get any of the monographs listed below contact:

James M. Kovakas
Freedom of Information/Privacy Act Office
Civil Division
Room 7304
20 Massachusetts Avenue, N.W.
Department of Justice
Washington, D.C. 20035
Telephone: 202-514-3319
Fax: 202-616-8202

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APPELLATE MONOGRAPHS

Motions for Stays Pending Appeal - electronic copy available

Settlement and Vacation of Judgments as Moot - electronic copy available

COMMERCIAL LITIGATION MONOGRAPHS

Affirmative Claims by Government Under Contract Disputes Act -
electronic copy available

Affirmative Multi-Family Mortgage Litigation: Foreclosure, Deficiencies
and Interlocutory Relief

Mortgagee-In-Possession and Receivers - electronic copy available

Choice of Laws Decisions in Federal Courts After Kimbell Foods -
electronic copy available

Civil Fraud Monograph

Inspector General Subpoenas

Interest on Claims by and Against the Government - electronic copy
available

An Office Reference Guide to the Contract Disputes Act Litigation Under
the Tucker Act and the Contract Disputes Act of 1978

Official Government Privileges: Guidelines and Procedures for their
Assertion in Litigation - electronic copy available

Subcontractor Suits Under the Miller Act, 40 U.S. C. Section 270 a-e -
electronic copy available

FEDERAL PROGRAMS MONOGRAPHS

Civil Penalty Actions under Section 951 of the Financial Institutions
Reform, Recovery and Enforcement Act of 1989 - FIRREA - 12 U.S.C. Section
1833a - electronic copy available - sections 3 and 4 might be withheld in
part

Defending Actions Brought Pursuant to the Privacy Act of 1974 -
electronic copy available

Touhy Regulations and Other Procedural Considerations in Defending
Third-Party Subpoenas Against Federal Agencies and Employees

AVIATION AND ADMIRALTY TORTS MONOGRAPHS

Charting Cases

Defending Cases Arising Out of Weather-Related Aircraft Accidents

Emergencies

Ground Collisions

Liability in Cases Arising Out of Midair Collisions

Negligent Certification and Enforcement

Privileges Protecting Government Information From Disclosure

Special Considerations in Aviation Litigation: Flying Club, Civil Air
Patrol & FECA Cases

Special Discovery Considerations in Aviation Tort Litigation Involving
the U.S.

The United States as a Defendant in Admiralty

CONSTITUTIONAL AND SPECIALIZED TORTS MONOGRAPHS

Absolute Immunity in the Personal Liability Case

Bivens in Federal Prison -- the Prison Litigation Reform Act

Checklist for Defending Personal Capacity Lawsuits

Personal Defenses: Personal Jurisdiction, Service, Venue

Pleading the Individual Liability Complaint

A Practical Overview: Defending the Personal Liability Case From the
Pre-Trial Through the Appellate Stage

Qualified Immunity in the Personal Liability Case

Representation -- the Process and the Role of Government Counsel

The Westfall Act: Defending State Law Tort Claims Against the
Individual

FEDERAL TORT CLAIMS ACT MONOGRAPHS

Actionable Duty - electronic copy available

The Administrative Claim Requirement for Filing Suit Under the FTCA -
electronic copy available

The Assault and Battery Exception - electronic copy available

Checklist of FTCA Defenses - electronic copy available

Claims Under Wrongful Death and Survival Statutes and Claims for Loss of
Consortium - electronic copy available

Discretionary Function Exception, Part A - electronic copy available

Discretionary Function Exception, Part B - electronic copy available

Doctrines of Loss of Chance and Increased Risk - electronic copy
available

Federal Agencies and Employees for Purposes of the Federal Tort Claims
Act - electronic copy available

The Feres Doctrine - electronic copy available

FTCA Exception: Claims Arising in a Foreign Country - electronic copy
available

FTCA Statute of Limitations - electronic copy available

The FTCA's Contractor Exclusion and Related Issues - electronic copy
available

Indemnity and Contribution - electronic copy available

Law Enforcement Torts Under the FTCA - electronic copy available

The Misrepresentation Exception and Interference with Contract Rights
Exceptions to the Federal Tort Claims Act, 28 U.S.C. 2680 h - electronic
copy available

Prejudgment and Postjudgment Interest in Federal Tort Claims Act
Litigation - electronic copy available

FTCA: OTHER PUBLICATIONS MONOGRAPHS

Damages Under the FTCA Handbook

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