Jerome Frank
Encyclopedia
Jerome New Frank was a legal philosopher who played a leading role in the legal realism
movement and a judge of the United States Court of Appeals for the Second Circuit
.
in 1889. He received his Bachelor's degree
from the University of Chicago
in 1909 and obtained his law degree
from the University of Chicago Law School
in 1912. He worked as a lawyer
in private practice in Chicago
from 1912 to 1930, and in New York City
from 1930 to 1933.
During the New Deal
administration of President
Franklin D. Roosevelt
, Frank served as general counsel
of the Agricultural Adjustment Administration from 1933 to 1935, when he was purged along with young leftist lawyers in his office. Roosevelt approved the purge but made Frank a special counsel to the Reconstruction Finance Association in 1935. In 1937, President Roosevelt named Frank as a commissioner of the Securities and Exchange Commission. Frank served as an SEC commissioner from 1937 to 1941, including as Chairman from 1939 to 1941.
In February 1941, President Franklin D. Roosevelt named Frank as a judge of the United States Court of Appeals for the Second Circuit
. He was confirmed by the Senate
in March 1941. Frank was considered a highly competent judge, often taking what was perceived as the more liberal
position on civil liberties issues. He served as an active judge on the court until his death in 1957.
Frank's extensive personal and judicial papers are archived at Yale University
and are mostly open to researchers.
Frank died of a heart attack in New Haven in 1957.
Legal realism
Legal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical legal thought in the United States...
movement and a judge of the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
.
Biography
Frank was born in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
in 1889. He received his Bachelor's degree
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...
from the University of Chicago
University of Chicago
The University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
in 1909 and obtained his law degree
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
from the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
in 1912. He worked as a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in private practice in Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
from 1912 to 1930, and in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
from 1930 to 1933.
During the New Deal
New Deal
The New Deal was a series of economic programs implemented in the United States between 1933 and 1936. They were passed by the U.S. Congress during the first term of President Franklin D. Roosevelt. The programs were Roosevelt's responses to the Great Depression, and focused on what historians call...
administration of President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
, Frank served as general counsel
General Counsel
A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...
of the Agricultural Adjustment Administration from 1933 to 1935, when he was purged along with young leftist lawyers in his office. Roosevelt approved the purge but made Frank a special counsel to the Reconstruction Finance Association in 1935. In 1937, President Roosevelt named Frank as a commissioner of the Securities and Exchange Commission. Frank served as an SEC commissioner from 1937 to 1941, including as Chairman from 1939 to 1941.
In February 1941, President Franklin D. Roosevelt named Frank as a judge of the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
. He was confirmed by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in March 1941. Frank was considered a highly competent judge, often taking what was perceived as the more liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
position on civil liberties issues. He served as an active judge on the court until his death in 1957.
Frank's extensive personal and judicial papers are archived at Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
and are mostly open to researchers.
Frank died of a heart attack in New Haven in 1957.
Works
Frank published many influential books, including Law and the Modern Mind (1930), which argues for ‘legal realism’ and emphasizes the psychological forces at work in legal matters. His other major work, Courts on Trial (1949), stressed the uncertainties and fallibility of the judicial process.Further reading
- Neil Duxbury 1991: "Jerome Frank and the Legacy of Legal Realism", in Journal of Law and Society, Vol.18, No.2 (Summer 1991), pp.175-205.
- Glennon, Robert Jerome. The Iconoclast as Reformer: Jerome Frank's Impact on American Law. Cornell U. Press, 1985. 252 pp.