By William Tobey
“There are precautions so imperative that even their universal disregard will not excuse their omission.” Last month, at the IAEA’s International Conference on Nuclear Security: Commitments and Actions, Kathryn Rauhut reminded participants of this finding by Judge Learned Hand in The T. J. Hooper v. Northern Barge Corporation (1932) case http://guweb2.gonzaga.edu/~dewolf/torts/pdf/TJHooper.pdf . Judge Hand’s opinion is a pillar of U.S. tort law, but subsequent statutes (e.g. the Price-Anderson Act, and its international ilk), regulations, and international borders, complicate direct application of the “Hooper” principle to nuclear security, at least in a legally binding manner.... Read more about Applying a Learned Hand to Nuclear Security