Robert Braucher

Robert Braucher
Robert Braucher
Associate Justice of the Francis O'Connor
Personal details
Born	February 23, 1916; New York City, New York, U.S.
Died	August 26, 1981 (aged 65); Arlington, Massachusetts, U.S.
Political party	Republican
Alma mater	Haverford College; Harvard University

Robert Braucher (February 23, 1916 – August 26, 1981) was an associate justice of the Massachusetts Supreme Judicial Court from January 18, 1971, until his death.

Early years

Braucher was born in New York City in 1916. He was graduated from Haverford College with high honors in 1936 and from Harvard Law School in 1939, magna cum laude and salutatorian of his class. He served as editor of the Harvard Law Review, was a finalist in the Ames moot court competition, and winner of the Beale Prize for the best paper on the conflict of laws. From 1939 to 1941 he practiced law in New York City. He entered the United States Army Air Forces during World War II and, while in service, received the Distinguished Flying Cross and the Air Medal.

Teaching career

Towards the end of his military service in 1945, Braucher was approached to teach at

business law. While at Harvard, he took a leave of absence and served as Fulbright lecturer at Chuo and Tokyo Universities in 1959. He taught as a visiting professor at the University of Minnesota Law School

during the academic year 1968-1969.

He was active in the

Senate Judiciary Committee in favor of the Equal Rights Amendment

.

Judicial career

In 1971, he was appointed Associate Justice of the Massachusetts Supreme Judicial Court by Governor

Boston University Law School

.

Justice Braucher's first opinion, published on March 5, 1971, concerned an action in contract involving the applicability of the Uniform Commercial Code and the rights of a judgment creditor.^[1] His final opinion, published on August 7, 1981, concerned the consequences of a wrongful dishonor of checks, also under the Uniform Commercial Code.^[2]

Noted decisions include Corning Glass Works v. Ann & Hope, Inc. of Danvers,

domicil is always that of her husband; Hendrickson v. Sears,^[4] holding that the statute of limitations did not commence to run in favor of an attorney until the client discovered, or reasonably should have discovered, the attorney's error; Hershkoff v. Board of Registrars of Voters of Worcester,^[5]

concerning the domicil of students for voting purposes; Carpenter v. Suffolk Franklin Sav. Bank, ⁣ref>370 Mass. 314 (1976).</ref> a purported class action concerning mortgagors' asserted rights to savings banks' earnings on real estate tax payments; and Secretary of the Commonwealth v. City Clerk of Lowell, ⁣ref>373 Mass. 178 (1977).</ref> holding that, absent fraud, people may select and change their names freely.

Stating that "judge-made rules of law are to be tailored to justice rather than to abstract logic", he once urged in dissent that rules concerning the admission of

sex crimes

.

Law reform work

While teaching at Harvard Law School, Braucher served as the Reporter for the American Law Institute's Restatement (Second) of Contracts. When Braucher joined the Supreme Judicial Court in 1971, he was succeeded on the Contracts project by Professor E. Allan Farnsworth of Columbia Law School. Published in 1981, the Restatement (Second) of Contracts is the quintessential guide to the modern common law of contracts. It covers fundamental principles, providing a complete, coherent overview of contract law.

References

^ Canter v. Schlager, 358 Mass. 789 (1971).
^ Raymer v. Bay State Nat'l Bank, 384 Mass. 310 (1981).
^ 363 Mass. 409 (1973).
^ 365 Mass. 83 (1974).
^ 366 Mass. 570 (1974).
^ Commonwealth v. White, 370 Mass. 703, 715-716 (1976) (Braucher, J., dissenting).

Sources

Material on this page has been adapted from Robert Braucher, Memorial, 387 Mass. 1223 (1982), a special sitting of the Supreme Judicial Court held at Boston on September 21, 1982. Because this information has been printed as a court proceeding in an official Reporter of Decisions, it is in the public domain.

External links

Robert Braucher, Memorial, 387 Mass. 1223 (1982)
"Finding aid for Robert Braucher, Papers, 1936-1971". Harvard Law School Library.

Legal offices
Preceded by Paul Kirk	Associate Justice of the Massachusetts Supreme Judicial Court 1971–1981	Succeeded by Francis O'Connor

[1] Canter v. Schlager, 358 Mass. 789 (1971).

[2] Raymer v. Bay State Nat'l Bank, 384 Mass. 310 (1981).

[3] 363 Mass. 409 (1973).

[4] 365 Mass. 83 (1974).

[5] 366 Mass. 570 (1974).

[6] Commonwealth v. White, 370 Mass. 703, 715-716 (1976) (Braucher, J., dissenting).

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