The T.J. Hooper
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The T.J. Hooper
''The T.J. Hooper'', 60 F.2d 737 (2d. Cir. 1932)''The T.J. Hooper''
60 F.2d 737 (2d Cir. 1932) is a 1932 United States admiralty law, admiralty law decision of the United States Court of Appeals for the Second Circuit. The case is commonly known by the name of one of the vessels involved.


Background

In March 1928, two barges, belonging to the Northern Barge Company, had lifted cargoes of coal at Norfolk, Virginia, for New York City, New York. They were towed by tugboat, tugboats, the "Montrose" and the "Hooper," and were lost off the Jersey Shore, Jersey Coast on March tenth, in an easterly gale. As a result, the cargo owners sued the b ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ...
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Learned Hand
Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 and as a federal appellate judge on the U.S. Court of Appeals for the Second Circuit from 1924 to 1951. Born and raised in Albany, New York, Hand majored in philosophy at Harvard College and graduated with honors from Harvard Law School. After a relatively undistinguished career as a lawyer in Albany and New York City, he was appointed at the age of 37 as a federal district judge in Manhattan in 1909. The profession suited his detached and open-minded temperament, and his decisions soon won him a reputation for craftsmanship and authority. Between 1909 and 1914, under the influence of Herbert Croly's social theories, Hand supported New Nationalism. He ran unsuccessfully as the Progressive Party's candidate for chief judge of the New Yor ...
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Thomas Walter Swan
Thomas Walter Swan (December 20, 1877 – July 13, 1975) was a United States circuit judge of the United States Court of Appeals for the Second Circuit. Education and career Born in Norwich, Connecticut Swan received an Artium Baccalaureus degree from Yale University in 1900. He received a Bachelor of Laws from Harvard Law School in 1903. He was in private practice of law in Chicago, Illinois from 1903 to 1916. He was a lecturer in law at the University of Chicago from 1903 to 1904, and in 1908. He was Dean and Professor of Law at Yale Law School from 1916 to 1927. Federal judicial service Swan was nominated by President Calvin Coolidge on December 15, 1926, to a seat on the United States Court of Appeals for the Second Circuit vacated by Judge Henry Wade Rogers. He was confirmed by the United States Senate on December 22, 1926, and received his commission the same day. He served as Chief Judge and as a member of the Judicial Conference of the United States from 1951 to 19 ...
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Augustus Noble Hand
Augustus Noble Hand (July 26, 1869 – October 28, 1954) was a United States district judge of the United States District Court for the Southern District of New York and later was a United States Circuit Judge of the United States Court of Appeals for the Second Circuit. His most notable rulings restricted the reach of obscenity statutes in the areas of literature and contraceptives. He was the older first cousin of famed judge Learned Hand, who served on both courts with his cousin during most of Augustus Hand's tenure. Education and career Born in Elizabethtown, New York, Hand received an Artium Baccalaureus degree from Harvard University in 1890, and earned a law degree from Harvard Law School in 1894. He then established a private practice in New York City, which he maintained until 1914. Federal judicial service Hand was nominated by President Woodrow Wilson on September 28, 1914, to a seat on the United States District Court for the Southern District of New York vacat ...
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United States Admiralty Law
Admiralty law in the United States is a matter of federal law. Jurisdiction In the United States, the federal district courts have jurisdiction over all admiralty and maritime actions; see . In recent years, a non-historically-based conspiracy argument used by tax protesters is that an American court displaying an American flag with a gold fringe is in fact an "admiralty court" and thus has no jurisdiction. Courts have repeatedly dismissed this as frivolous. In United States v. Greenstreet, the court summarized their finding to this argument with, "Unfortunately for Defendant Greenstreet, decor is not a determinant for jurisdiction." Applicable law A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-''Erie'' doctrine." The ''Erie'' doctrine, derived from ''Erie Railroad Co. v. Tompkins ''Erie Railroad Co. v. Tompkins'', 304 U.S. 64 (1 ...
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Richard Epstein
Richard Allen Epstein (born April 17, 1943) is an American legal scholar known for his writings on torts, contracts, property rights, law and economics, classical liberalism, and libertarianism. He is the Laurence A. Tisch Professor of Law at New York University and the director of the university's Classical Liberal Institute. He also serves as the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and the James Parker Hall Distinguished Service Professor of Law emeritus and a senior lecturer at the University of Chicago. According to James W. Ely Jr., Epstein's writings have had a "pervasive influence on American legal thought." In 2000, a study published in ''The Journal of Legal Studies'' identified Epstein as the 12th-most cited legal scholar of the 20th century. In 2008, he was chosen in a poll by ''Legal Affairs'' as one of the most influential legal thinkers of modern times. A study of legal publications between 2009 and 2013 found Epstein to be the third ...
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University Of Chicago Law School
The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many distinguished alumni in the judiciary, academia, government, politics and business. It employs more than 180 full-time and part-time faculty and hosts more than 600 students in its Juris Doctor program, while also offering the Master of Laws, Master of Studies in Law and Doctor of Juridical Science degrees in law. The law school has the highest percentage of recent graduates clerking for federal judges. The law school was conceived in the 1890s by the president of the University of Chicago, William Rainey Harper. Harper and the law school's first Dean, Joseph Henry Beale, designed the school's curriculum with inspiration from Ernst Freund's interdisciplinary approach to legal education. The construction of the school was financed by John D. Ro ...
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University Of Chicago
The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private research university in Chicago, Illinois. Its main campus is located in Chicago's Hyde Park neighborhood. The University of Chicago is consistently ranked among the best universities in the world and it is among the most selective in the United States. The university is composed of an undergraduate college and five graduate research divisions, which contain all of the university's graduate programs and interdisciplinary committees. Chicago has eight professional schools: the Law School, the Booth School of Business, the Pritzker School of Medicine, the Crown Family School of Social Work, Policy, and Practice, the Harris School of Public Policy, the Divinity School, the Graham School of Continuing Liberal and Professional Studies, and the Pritzker School of Molecular Engineering. The university has additional campuses and centers in London, Paris, Beijing, Delhi, and Hong Kong, as well as in downtown ...
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Norfolk, Virginia
Norfolk ( ) is an independent city in the Commonwealth of Virginia in the United States. Incorporated in 1705, it had a population of 238,005 at the 2020 census, making it the third-most populous city in Virginia after neighboring Virginia Beach and Chesapeake, and the 94th-largest city in the nation. Norfolk holds a strategic position as the historical, urban, financial, and cultural center of the Hampton Roads region, which has more than 1.8 million inhabitants and is the thirty-third largest Metropolitan Statistical area in the United States. Officially known as ''Virginia Beach-Norfolk-Newport News, VA-NC MSA'', the Hampton Roads region is sometimes called "Tidewater" and "Coastal Virginia"/"COVA," although these are broader terms that also include Virginia's Eastern Shore and entire coastal plain. Named for the eponymous natural harbor at the mouth of the Chesapeake Bay, Hampton Roads has ten cities, including Norfolk; seven counties in Virginia; and two counties in No ...
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New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the List of United States cities by population density, most densely populated major city in the United States, and is more than twice as populous as second-place Los Angeles. New York City lies at the southern tip of New York (state), New York State, and constitutes the geographical and demographic center of both the Northeast megalopolis and the New York metropolitan area, the largest metropolitan area in the world by urban area, urban landmass. With over 20.1 million people in its metropolitan statistical area and 23.5 million in its combined statistical area as of 2020, New York is one of the world's most populous Megacity, megacities, and over 58 million people live within of the city. New York City is a global city, global Culture of New ...
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Tugboat
A tugboat or tug is a marine vessel that manoeuvres other vessels by pushing or pulling them, with direct contact or a tow line. These boats typically tug ships in circumstances where they cannot or should not move under their own power, such as in crowded harbour or narrow canals, or cannot move at all, such as barges, disabled ships, log rafts, or oil platforms. Some are ocean-going, some are icebreakers or salvage tugs. Early models were powered by steam engines, long ago superseded by diesel engines. Many have deluge gun water jets, which help in firefighting, especially in harbours. Types Seagoing Seagoing tugs (deep-sea tugs or ocean tugboats) fall into four basic categories: #The standard seagoing tug with model bow that tows almost exclusively by way of a wire cable. In some rare cases, such as some USN fleet tugs, a synthetic rope hawser may be used for the tow in the belief that the line can be pulled aboard a disabled ship by the crew owing to its lightness ...
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Jersey Shore
The Jersey Shore (known by locals simply as the Shore) is the coastal region of the U.S. state of New Jersey. Geographically, the term encompasses about of oceanfront bordering the Atlantic Ocean, from Perth Amboy in the north to Cape May Point in the south. The region includes Middlesex, Monmouth, Ocean, Atlantic, and Cape May counties, which are in the central and southern parts of the state. Located in the center of the Northeast Megalopolis, the northern half of the shore region is part of the New York metropolitan area, while the southern half of the shore region is part of the Delaware Valley, a.k.a. the Philadelphia metropolitan area. The Jersey Shore hosts the highest concentration of oceanside boardwalks in the United States. Famous for its many boardwalks with arcades, amusement parks, and water parks boasting hundreds of rides and attractions, the Jersey Shore is a popular vacation spot with residents of North Jersey, New York, Maryland, Delaware, Connectic ...
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