Judge Learned Hand is often quoted for his wise quips. Here are some of the greatest hits:
Learned Hand — Greatest Hits (Cite-Ready Sheet)
Statutory Interpretation & Judging
“It is one of the surest indexes of a mature and developed jurisprudence not to make a fortress out of the dictionary…”
Cabell v. Markham, 148 F.2d 737, 739 (2d Cir. 1945).
Use when: rejecting hyper-literal statutory interpretation in favor of context and purpose.
“There is no surer way to misread any document than to read it literally.”
Guiseppi v. Walling, 144 F.2d 608, 624 (2d Cir. 1944).
Use when: pushing back against wooden textualism.
“Words are not pebbles in alien juxtaposition.”
NLRB v. Federbush Co., 121 F.2d 954, 957 (2d Cir. 1941).
Use when: emphasizing that statutory language must be read as a whole.
Negligence & Reasonableness
“A whole calling may have unduly lagged in the adoption of new and available devices.”
The T.J. Hooper, 60 F.2d 737, 740 (2d Cir. 1932).
Use when: arguing industry custom does not define due care.
“In most cases reasonable prudence is in fact common prudence; but strictly it is never its measure.”
The T.J. Hooper, 60 F.2d at 740.
Use when: undermining “everyone does it” defenses.
“If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P.”
United States v. Carroll Towing Co., 159 F.2d 169, 173 (2d Cir. 1947).
Use when: articulating the negligence calculus (Hand Formula).
Free Speech & Democratic Theory
“The right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection.”
United States v. Associated Press, 52 F. Supp. 362, 372 (S.D.N.Y. 1943).
Use when: defending robust public debate and press freedom. (Quoted approvingly by the Supreme Court.)
“The spirit of liberty is the spirit which is not too sure that it is right.”
United States v. Associated Press, 52 F. Supp. at 372.
Use when: emphasizing humility in constitutional interpretation.
Antitrust & Economic Power
“Ninety percent of the market is enough to constitute a monopoly; it is doubtful whether sixty or sixty-four percent would be enough…”
United States v. Aluminum Co. of Am. (Alcoa), 148 F.2d 416, 424 (2d Cir. 1945).
Use when: discussing market share as evidence of monopoly power.
Criminal Law & Judicial Role
“It is not the function of the judge to prosecute crimes.”
United States v. Garsson, 291 F. 646, 649 (S.D.N.Y. 1923).
Use when: drawing boundaries between adjudication and prosecution.
“A grand jury is neither an officer nor an agent of the court, but a body which belongs to no branch of the institutional government…”
Falter v. United States, 23 F.2d 420, 425 (2d Cir. 1928).
Use when: explaining the grand jury’s independent constitutional role.
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