Justice Murphy: The Goals Attempted, 59 Yale Law Journal 1 (1949)
THE late Justice Murphy was the most underestimated member of the Supreme Court in our time. The bulk of lawyers' talk about him for years has been hostile and patronizing. Sometimes the attack has been violent, charging that Murphy knew no law, that he was merely reading his personal predilections into his decisions. Even when friendly, it has still been patronizing, as when the commentator observed that Murphy seemed to reach fairly happy results even though he lacked proper concern for legal techniques. The common elements in both attitudes has been the observer's judgment that Murphy was "subjective," and either inadequately mindful of rules and precedents, or ignorant of them.
Date of Authorship for this Version
Frank, John P., "Justice Murphy: The Goals Attempted" (1949). Faculty Scholarship Series. Paper 4040.