Federal judicial service Jerome Frank

1 federal judicial service

1.1 julius , ethel rosenberg
1.2 united states v. roth
1.3 continued scholarly writing

federal judicial service

on february 13, 1941, roosevelt named frank judge of united states court of appeals second circuit, seat vacated robert porter patterson. frank confirmed senate in march 1941, , received commission on march 27, 1941. frank considered highly competent judge, taking perceived more liberal position on civil liberties issues. in addition reputation expertise on civil liberties matters, considered outstanding judge in fields of procedure, finance, [and] criminal law . time, sharply , vocally @ odds colleague on bench, charles clark, on whole range of common law precepts .

frank s scholarly tendency bled on judicial opinions, of notoriously lengthy. 1 anecdote relayed aspect of frank s work tells of law clerk had objected length of 1 of frank s opinions. according story:

he spent of week , cut down sixty-five pages one-half page. left both on judge frank s desk without comment. following morning judge frank rushed clerk s office , shouted, bully you, displaying clerk s work, ll add end .

frank served active judge on court until death, in 1957.

julius , ethel rosenberg

as judge, frank wrote opinion in february 1952 affirming convictions of julius , ethel rosenberg, had been convicted of conspiracy commit espionage. in reviewing case part of three-judge panel, frank rejected each of rosenbergs arguments on appeal. frank denied death penalty imposed on rosenbergs cruel , unusual punishment, privately had advised trial judge irving kaufman not sentence rosenbergs death. in opinion, suggested supreme court might want revisit questions death penalty crimes similar treason.

in related case, however, frank dissented 2 colleagues voting grant new trial accused third conspirator, morton sobell. jury, according frank, should have been permitted decide whether sobell had joined other conspirators in plan send atomic information los alamos soviets, or had merely engaged in separate, less significant conspiracy julius rosenberg transmit non-atomic information.

united states v. roth

in united states v. roth, frank wrote concurring opinion decision, affirmed obscenity conviction of criminal defendant. in lengthy appendix concurring opinion, frank drew on host of historical, literary, , social science studies point dangers , contradiction of forms of government censorship of ideas , images . case affirmed united states supreme court following year, in roth v. united states, noted frank s approach. concurrence has been asserted 1 of frank s important opinions, , 1 set stage direction supreme court take on such issues beginning in 1960s.

continued scholarly writing

frank s judicial service did not stem scholarly output. in 1942, published if men angels, defense of ambitious new deal programs, , governmental regulation in general, expressing views developed while serving in sec. in 1945, published fate , freedom, attacked theoretical underpinnings of marxism, denying societies followed strict progression , insisting people free mold development of own society. beginning in 1946, frank began teaching regular course on legal fact-finding @ yale law school emphasized parts human fallibility , partisanship play in trial court processes . in 1949, published significant work after law , modern mind, being courts on trial, stressed uncertainties , fallibility of judicial process. in 1951 moved new york city new haven, connecticut, preferring live closer yale. last book, not guilty written daughter, , published following death. book concerned specific cases of people had been wrongfully convicted of crimes.