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Justice Murphy: The Goals Attempted

By John P Frank

Abstract

THE late Justice Murphy was the most underestimated member of the Supreme Court in our time. The bulk of lawyers\u27 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\u27s judgment that Murphy was \u22subjective,\u22 and either inadequately mindful of rules and precedents, or ignorant of them

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1949
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-5037
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