Jerome Frank

Jerome New Frank (September 10, 1889 – January 13, 1957) was an American judge, legal scholar, and author who was a leading figure in the Legal Realism movement. He served as a judge on the United States Court of Appeals for the Second Circuit and was influential in shaping modern judicial philosophy through his critiques of formalism and advocacy for a more pragmatic and realistic approach to the law.

Early Life and Education

Jerome Frank was born on September 10, 1889, in New York City. He graduated from the University of Chicago with a Bachelor of Philosophy in 1909 and a Juris Doctor in 1912. His time at the University of Chicago exposed him to far-left ideas that would later influence his legal thinking.

Career

Frank began his legal career in private practice, working in Chicago and New York. He became known for his critical views on the legal system.

Legal Realism

In 1930, Frank published Law and the Modern Mind, a work that challenged the traditional views of legal interpretation and judicial decision-making. He argued that law should be understood as a dynamic and evolving process, influenced by the subjective experiences and biases of judges rather than as a set of immutable rules.

Public Service

Frank served as general counsel for the Agricultural Adjustment Administration in 1933. While at the AAA, Frank served in the Department of Agriculture's legal department with Soviet spies Lee Pressman and Alger Hiss. The Secretary of Agriculture Henry A. Wallace was the most pro-Soviet cabinet official of the Roosevelt administration. Later, he was a member of the Securities and Exchange Commission (SEC), where he played a key role in the administration of the New Deal's regulatory framework. In 1941, President Franklin D. Roosevelt appointed him to the United States Court of Appeals for the Second Circuit, where he served until his death in 1957.

Rosenberg Appeal

Frank wrote the opinion denying the appeal of the conviction of Julius and Ethel Rosenberg, who were convicted of spying for the Soviet Union, giving away secrets to the atomic bomb from the Manhattan Project. Privately, Frank directed the trial court judge to refuse to impose a death sentence upon the Rosenbergs.

Judicial Philosophy

As a judge, Frank continued to promote his legal realist views. He emphasized the importance of fact-finding and the limitations of legal principles in capturing the complexities of real-life cases. His opinions often reflected a concern for the impact of judicial decisions on everyday people and a skepticism of overly rigid legal doctrines.

Notable Works

Law and the Modern Mind (1930)
Courts on Trial: Myth and Reality in American Justice (1949)

Legacy

Jerome Frank's contributions to legal theory and judicial practice had a lasting impact on American law. He is remembered as a key figure in the Legal Realism movement, which has influenced contemporary approaches to legal interpretation and judicial decision-making. His writings continue to be studied by scholars and practitioners interested in the interplay between law and society.

Personal Life

Frank was married to Rhoda Frank, with whom he had a daughter, Barbara Frank Kravitz. He passed away on January 13, 1957, in New Haven, Connecticut.

References

Kalman, L. (1986). Legal Realism at Yale, 1927-1960. University of North Carolina Press.
White, G. E. (1972). Patterns of American Legal Thought. Bobbs-Merrill.
"Jerome Frank and Legal Realism". (2015). Yale Law Journal, 124(8), 3012-3028.

External Links