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Benjamin N. Cardozo

Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style.

Benjamin N. Cardozo
Associate Justice of the Supreme Court of the United States
In office
March 14, 1932 – July 9, 1938[1]
Nominated byHerbert Hoover
Preceded byOliver Wendell Holmes Jr.
Succeeded byFelix Frankfurter
Chief Judge of the New York Court of Appeals
In office
January 1, 1927 – March 7, 1932
Preceded byFrank Hiscock
Succeeded byCuthbert Pound
Associate Judge of the New York Court of Appeals
In office
January 15, 1917 – December 31, 1926
Preceded bySamuel Seabury
Succeeded byJohn F. O'Brien
Justice of the Supreme Court of New York for the First Judicial Division
In office
January 5, 1914 – January 15, 1917 (Sitting by designation in the Court of Appeals from February 2, 1914)
Preceded byBartow S. Weeks
Succeeded bySamuel H. Ordway
Personal details
Born
Benjamin Nathan Cardozo

(1870-05-24)May 24, 1870
New York City, U.S.
DiedJuly 9, 1938(1938-07-09) (aged 68)
Port Chester, New York, U.S.
Political partyDemocratic
Parent
EducationColumbia University (AB, MA)

Born in New York City, Cardozo passed the bar in 1891 after attending Columbia Law School. He won an election to the New York Supreme Court in 1913 but joined the New York Court of Appeals the following year. He won election as Chief Judge of that court in 1926. As Chief Judge, he wrote majority opinions on cases such as Palsgraf v. Long Island Railroad Co.

In 1932, President Herbert Hoover appointed Cardozo to the U.S. Supreme Court to succeed Oliver Wendell Holmes Jr. Cardozo served on the Court until his death in 1938, and formed part of the liberal bloc of justices known as the Three Musketeers. He wrote the Court's majority opinion in notable cases such as Nixon v. Condon (1932) and Steward Machine Co. v. Davis (1937).

Early life and family edit

Cardozo, the son of Rebecca Washington (née Nathan) and Albert Jacob Cardozo,[2] was born in 1870 in New York City. Both Cardozo’s maternal grandparents, Sara Seixas and Isaac Mendes Seixas Nathan, and his paternal grandparents, Ellen Hart and Michael H. Cardozo, were Western Sephardim of the Portuguese-Jewish community, and affiliated with Manhattan’s Congregation Shearith Israel. Their ancestors had immigrated to the British colonies from London, England, before the American Revolution.

The family were descended from Jewish-origin New Christian conversos. They left the Iberian Peninsula for Holland during the Inquisition.[2] There they returned to the practice of Judaism. Cardozo family tradition held that their marrano (New Christians who maintained crypto-Jewish practices in secrecy) ancestors were from Portugal,[2] although Cardozo’s ancestry has not been firmly traced to that country.[3] But ”Cardozo” (archaic spelling of Cardoso), ”Seixas”, and ”Mendes” are the Portuguese, rather than Spanish, spelling of those common Iberian surnames.

Benjamin Cardozo had a fraternal twin, his sister Emily. They had four other siblings, including an older sister Nell and older brother.

Benjamin was named for his uncle, Benjamin Nathan, a vice president of the New York Stock Exchange, who was murdered in 1870. The case was never solved.[4] Among their many cousins, given their deep history in the US, was the poet Emma Lazarus. Other earlier relations include Francis Lewis Cardozo (1836–1903), Thomas Cardozo, and Henry Cardozo, free men of color of Charleston, South Carolina. Francis became a Presbyterian minister in New Haven, Connecticut, after education in Scotland, and was elected Secretary of State of South Carolina during the Reconstruction era. Later he worked as an educator in Washington, DC, under a Republican administration.[5]

Albert Cardozo, Benjamin Cardozo’s father, was a judge on the Supreme Court of New York (the state’s general trial court) until 1868. He was implicated in a judicial corruption scandal sparked by the Erie Railway takeover wars and was forced to resign. The scandal also led to the creation of the Association of the Bar of the City of New York. After leaving the court, the senior Cardozo practiced law for nearly two decades more until his death in 1885.

When Benjamin and Emily were young, their mother Rebecca died. The twins were raised during much of their childhood largely by their sister Nell, who was 11 years older. Benjamin remained devoted to her throughout his life.

Education edit

One of Benjamin’s tutors was Horatio Alger.[6]

At age 15, Cardozo entered Columbia University,[6] where he was elected to Phi Beta Kappa.[7] He was admitted to Columbia Law School in 1889. Cardozo wanted to enter a profession that could enable him to support himself and his siblings, but he also hoped to restore the family name, which had been sullied by his father’s actions as a judge. Cardozo left law school after two years without a law degree.[8][9]

Legal career edit

Law practice edit

Cardozo passed the bar examination in 1891 and began practicing appellate law alongside his older brother.[6] Benjamin Cardozo practiced law in New York City until year-end 1913 with Simpson, Warren and Cardozo.[6][10]

Interested in advancement and restoring the family name, Cardozo ran for a judgeship on the New York Supreme Court. In November 1913, Cardozo was elected by a large margin to a 14-year term on that court and took office on January 1, 1914.

New York Court of Appeals edit

In February 1914, Cardozo was designated to the New York Court of Appeals under the Amendment of 1899.[11] He was reportedly the first Jewish person to serve on the Court of Appeals.

In January 1917, he was appointed by the governor to a regular seat on the Court of Appeals to fill the vacancy caused by the resignation of Samuel Seabury. In November 1917, he was elected on the Democratic and Republican tickets to a 14-year term on the Court of Appeals.

In 1926, he was elected, on both tickets again, to a 14-year term as Chief Judge. He took office on January 1, 1927, and resigned on March 7, 1932 to accept an appointment to the United States Supreme Court.

His tenure was marked by a number of original rulings, in tort and contract law in particular. This is partly due to timing; rapid industrialization was forcing courts to look anew at old common law components to adapt to new settings.[6]

In 1921, Cardozo gave the Storrs Lectures at Yale University, which were later published as The Nature of the Judicial Process, a book that remains valuable to judges today.[6] Shortly thereafter, Cardozo became a member of the group that founded the American Law Institute, which crafted a Restatement of the Law of Torts, Contracts, and a host of other private law subjects. He wrote three other books that also became standards in the legal world.[6]

While on the Court of Appeals, he criticized the exclusionary rule as developed by the federal courts, saying: ”The criminal is to go free because the constable has blundered”. He noted that many states had rejected the rule, but suggested that the adoption by the federal courts would affect the practice in the sovereign states.[12][13][14][15]

United States Supreme Court edit

 
Justice Cardozo in his judicial robes
 
Cardozo’s Supreme Court nomination

On February 15, 1932, President Herbert Hoover nominated Cardozo as an associate justice of the United States Supreme Court,[16] to succeed Oliver Wendell Holmes. The New York Times said of Cardozo’s appointment that "seldom, if ever, in the history of the Court has an appointment been so universally commended."[17] The Democrat Cardozo's appointment by a Republican president has been referred to as one of the few Supreme Court appointments in history that was not motivated by partisanship or politics, but strictly based on the nominee's contribution to law.[18]

He was confirmed by the U.S. Senate on February 24, 1932,[16] and was sworn into office on March 14.[1] During a radio broadcast soon after Cardozo's confirmation, Clarence C. Dill, a Democratic senator from Washington, called Hoover's appointment of Cardozo "the finest act of his career as President."[19] The entire faculty of the University of Chicago Law School had urged Hoover to nominate Cardozo, as did the deans of the law schools at Harvard, Yale, and Columbia. Justice Harlan Fiske Stone strongly urged Hoover to name Cardozo, even offering to resign to make room for him if Hoover had his heart set on someone else (Stone had suggested to Calvin Coolidge that he should nominate Cardozo in 1925 before Stone).[20] Hoover originally demurred; he was concerned that there were already two justices from New York, and a Jew on the court. Justice James McReynolds was a notorious anti-Semite. When the chairman of the Senate Foreign Relations Committee, William E. Borah of Idaho, added his strong support for Cardozo, however, Hoover finally bowed to the pressure.

Cardozo was a member of the Three Musketeers, along with Brandeis and Stone, who were considered to be the liberal faction of the Supreme Court. In his years as an associate justice, Cardozo wrote opinions that stressed the necessity for the tightest adherence to the Tenth Amendment.

In his own words edit

Cardozo’s opinion of himself shows some of the same flair as his legal opinions:[tone]

In truth, I am nothing but a plodding mediocrity—please observe, a plodding mediocrity—for a mere mediocrity does not go very far, but a plodding one gets quite a distance. There is joy in that success, and a distinction can come from courage, fidelity and industry.[21]

Honors edit

Cardozo received the honorary degree of LL.D. from several colleges and universities, including: Columbia (1915); Yale (1921); New York (1922); Michigan (1923); Harvard (1927); St. John’s (1928); St. Lawrence (1932); Williams (1932); Princeton (1932); Pennsylvania (1932); Brown (1933); and Chicago (1933).[22]


Personal life edit

 
Cardozo had an apartment in this building in Washington, D.C.

As an adult, Cardozo no longer practiced Judaism (he identified as an agnostic), but he was proud of his Jewish heritage.[23]

Of the six children born to Albert and Rebecca Cardozo, only his twin sister Emily married. She and her husband did not have any children.

Constitutional law scholar Jeffrey Rosen noted in a New York Times Book Review of Richard Polenberg’s book on Cardozo:

Polenberg describes Cardozo’s lifelong devotion to his older sister Nell, with whom he lived in New York until her death in 1929. When asked why he had never married, Cardozo replied, quietly and sadly, ”I never could give Nellie the second place in my life”.

 
Cardozo's gravesite

In late 1937, Cardozo had a heart attack, and in early 1938, he suffered a stroke. He died on July 9, 1938, at the age of 68. He was buried in Beth Olam Cemetery in Queens.[24][25]

Ethnicity edit

Cardozo was the second Jewish justice to be appointed to the Supreme Court. The first was Louis Brandeis, whose family was Ashkenazi.

Cardozo was born into the Spanish and Portuguese Jewish community, which had traditions distinct from the Ashkenazi. Since the appointment of Justice Sonia Sotomayor in the 21st century, some commentators have suggested that Cardozo should be considered the ”first Hispanic justice”.[26][27][28]

In response to this controversy, Cardozo biographer Kaufman questioned the usage of the term ”Hispanic” in Justice Cardozo’s lifetime, stating: ”Well, I think he regarded himself as a Sephardic Jew whose ancestors came from the Iberian Peninsula”.[29] After centuries in British North America, Cardozo "confessed in 1937 that his family preserved neither the Spanish language nor Iberian cultural traditions”.[30] Ancestors had lived in England, the British colonies, and the United States since the 17th century.

Some Latino advocacy groups, such as the National Association of Latino Elected Officials and the Hispanic National Bar Association, consider Sonia Sotomayor to be the first Hispanic justice, as in their view she was raised in Hispanic culture.[26][29]

Cases edit

New York Courts
  • Schloendorff v. Society of New York Hospital, 105 N.E. 92 (1914) it is necessary to get informed consent from a patient before operation, but a non-profit hospital was not vicariously liable (the latter aspect was reversed in 1957)
  • MacPherson v. Buick Motor Co., 111 N.E. 1050 (1916) ending privity as a prerequisite to duty in product liability by ruling that manufacturers of products could be held liable for injuries to consumers even if they were not in privity.
  • De Cicco v. Schweizer, 117 N.E. 807 (1917) where Cardozo approached the issue of third party beneficiary law in a contract for marriage case.
  • Wood v. Lucy, Lady Duff-Gordon, 118 N.E. 214 (1917) on an implied promise to do something constituting consideration in a contract.
  • Martin v. Herzog, 126 N.E. 814 (1920) breach of statutory duty establishes negligence, and the elements of the claim includes proof of causation
  • Jacob & Youngs v. Kent, 230 N.Y. 239 (1921), substantial performance of a contract does not lead to a right to terminate, only damages.
  • Hynes v. New York Central Railroad Company, 131 N.E. 898 (1921), a railway owed a duty of care despite the victims being trespassers.
  • Glanzer v Shepard, 233 N.Y. 236, 135 N.E. 275, 23 A.L.R. 1425 (1922), a Caballero bean weighing dispute, with duties imposed by law but growing out of contract
  • Berkey v. Third Avenue Railway, 244 N.Y. 84 (1926), the corporate veil cannot be pierced, even in favor of a tort victim unless domination of a subsidiary by the parent is complete.
  • Wagner v. International Railway, 232 N.Y. 176 (1926) the rescue doctrine. ”Danger invites rescue. The cry of distress is the summons to relief [...] The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had”.
  • Meinhard v. Salmon, 164 N.E. 545 (1928) the fiduciary duty of business partners is, ”Not honesty alone, but the punctilio of an honor the most sensitive”.
  • Palsgraf v. Long Island Railroad Co., 162 N.E. 99 (1928) the development of the concept of the proximate cause in tort law.
  • Jessie Schubert v. August Schubert Wagon Company, 164 N.E. 42 (1929) Respondeat superior and spousal immunity relationship are not related.
  • Murphy v. Steeplechase Amusement Park, 166 N.E. 173 (1929) denied a right to recover for knee injury from riding ”The Flopper” funride since the victim ”assumed the risk”.
  • Ultramares v. Touche, 174 N.E. 441 (1931) on the limitation of liability of auditors
US Supreme Court

Schools, organizations, buildings and ships named after Cardozo edit

Bibliography edit

  • Cardozo, Benjamin N. (1921), The Nature of the Judicial Process, The Storrs Lectures Delivered at Yale University.
  • Cardozo, Benjamin N. (1924), The Growth of the Law, 5 Additional Lectures Delivered at Yale University.
  • Cardozo, Benjamin N. (1928). The Paradoxes of Legal Science. Columbia University. OCLC 843833.
  • Cardozo, Benjamin N. (1931), Law and Literature and Other Essays and Addresses.
  • Cardozo, Benjamin N. (1889), The Altruist in Politics, commencement oration at Columbia College, Gutenberg Project version.

See also edit

Notes edit

  1. ^ a b "Justices 1789 to Present". Washington, D.C.: Supreme Court of the United States. Retrieved February 15, 2022.
  2. ^ a b c Kaufman, Andrew L. (1998). Cardozo. Harvard University Press. pp. 6–9. ISBN 0-674-09645-2. from the original on 2020-12-18. Retrieved 2020-10-01.
  3. ^ "Mark Sherman, 'First Hispanic justice? Some say it was Cardozo', The Associated Press, 2009". from the original on 2020-11-14. Retrieved 2016-11-10.
  4. ^ Pearson, Edmund L. (1999). "The Twenty-Third Street Murder". Studies in Murder. Ohio State University Press. pp. 123–164. ISBN 081425022X.
  5. ^ Richardson, Joe M. ”Francis L. Cardozo: Black educator during reconstruction”. Journal of Negro Education 48.1 (1979): 73–83. in JSTOR 2020-07-27 at the Wayback Machine
  6. ^ a b c d e f g Christopher L. Tomlins (2005). The United States Supreme Court. Houghton Mifflin. pp. 467. ISBN 978-0-618-32969-4. Retrieved 2008-10-21.
  7. ^ (PDF). PBK.org. Phi Beta Kappa. Archived from the original (PDF) on 2011-09-28. Retrieved October 4, 2009.
  8. ^ Levy, Beryl Harold (November 2007). "Realist Jurisprudence and Prospective Overruling". New York Review of Books. LIV (17): 10, n. 31.
  9. ^ "Cardozo, Benjamin N". Great American Judges: An Encyclopedia. ABC-CLIO. 2003. p. 155.
  10. ^ Pollak, Louis H. (2009). "Pollak, Walter Heilprin (1887–1941)". In Newman, Roger K. (ed.). The Yale Biographical Dictionary of American Law. Yale University Press. p. 430. ISBN 978-0300113006. from the original on 21 November 2016. Retrieved 2 December 2017.
  11. ^ Designation 2021-03-08 at the Wayback Machine, The New York Times, February 3, 1914
  12. ^ People of the State of New York v. John Defore, 150 N.E. 585 (1926).
  13. ^ Stagg, Tom, Judge, United States District Court Western District of Louisiana (July 15, 1991). "Letter to the Editor". The New York Times. Shreveport, La. from the original on March 9, 2021. Retrieved January 7, 2013.{{cite news}}: CS1 maint: multiple names: authors list (link)
  14. ^ Spence, Karl (2006). "Fair or Foul? Exclusionary rule hurts the innocent by protecting the guilty". Yo! Liberals! You Call This Progress?. Converse, Texas: Chattanooga Free Press/Fielding Press. ISBN 0976682605. from the original on February 27, 2021. Retrieved January 7, 2013. ISBN 978-0976682608.
  15. ^ Polenberg, Richard (1997). The World of Benjamin Cardozo: Personal Values and the Judicial Process. Cambridge, Massachusetts: Harvard University Press. pp. 203–207. ISBN 0674960521. Retrieved January 13, 2012.[permanent dead link] ISBN 978-0674960527
  16. ^ a b McMillion, Barry J. (January 28, 2022). Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President (PDF) (Report). Washington, D.C.: Congressional Research Service. Retrieved February 15, 2022.
  17. ^ "Cardozo is named to Supreme Court". The New York Times. 1932-02-16. from the original on 2018-07-20. Retrieved 2018-07-23.
  18. ^ James Taranto, Leonard Leo (2004). Presidential Leadership. Wall Street Journal Books. ISBN 978-0-7432-7226-1. Retrieved 2008-10-20.
  19. ^ (The New York Times, March 2, 1932, p. 13)
  20. ^ (Handler, 1995)
  21. ^ As quoted in Nine Old Men (1936) by Drew Pearson and Robert Sharon Allen, p. 221.
  22. ^ Death Notices: Supplement to General Alumni Catalog. Ann Arbor, MI: University of Michigan. 1939. p. 16. from the original on 2021-05-06. Retrieved 2020-10-01.
  23. ^ Benjamin Cardozo. 2016-10-21 at the Wayback Machine, Jewish Virtual Library,
  24. ^ . Archived from the original on 2005-09-03. Retrieved 2013-11-24.{{cite web}}: CS1 maint: bot: original URL status unknown (link) Supreme Court Historical Society at Internet Archive.
  25. ^ See also, Christensen, George A., Here Lies the Supreme Court: Revisited, Journal of Supreme Court History, Volume 33 Issue 1, Pages 17 – 41 (19 Feb 2008), University of Alabama.
  26. ^ a b "'Cardozo was first, but was he Hispanic?,' USA Today, May 27, 2009". May 27, 2009. from the original on 2009-05-30. Retrieved 2009-06-02.
  27. ^ . ABC News. Archived from the original on August 21, 2009. Retrieved 2009-06-02.
  28. ^ "Robert Schlesinger, Would Sotomayor be the First Hispanic Supreme Court Justice or Was it Cardozo? US News & World Report May 29, 2009". from the original on May 29, 2009. Retrieved August 24, 2017.
  29. ^ a b "Neil A. Lewis, 'Was a Hispanic Justice on the Court in the '30s?,' The New York Times, May 26, 2009". The New York Times. May 27, 2009. from the original on June 30, 2012. Retrieved April 26, 2010.
  30. ^ Aviva Ben-Ur (2009). Sephardic Jews in America: A Diasporic History. New York: NYU Press. p. 86. ISBN 978-0-8147-8632-1. from the original on 2020-07-27. Retrieved 2016-02-19.
  31. ^ "Law School Chapter Locator".
  32. ^ * * * Benjamin N. Cardozo Lodge 2021-02-24 at the Wayback Machine at www.cardozospeaks.org

Further reading edit

External videos
  Presentation by Andrew L. Kaufman on Cardozo, June 14, 1998, C-SPAN

External links edit

benjamin, cardozo, benjamin, nathan, cardozo, 1870, july, 1938, american, lawyer, jurist, served, york, court, appeals, from, 1914, 1932, associate, justice, supreme, court, united, states, from, 1932, until, death, 1938, cardozo, remembered, significant, infl. Benjamin Nathan Cardozo May 24 1870 July 9 1938 was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938 Cardozo is remembered for his significant influence on the development of American common law in the 20th century in addition to his philosophy and vivid prose style Benjamin N CardozoAssociate Justice of the Supreme Court of the United StatesIn office March 14 1932 July 9 1938 1 Nominated byHerbert HooverPreceded byOliver Wendell Holmes Jr Succeeded byFelix FrankfurterChief Judge of the New York Court of AppealsIn office January 1 1927 March 7 1932Preceded byFrank HiscockSucceeded byCuthbert PoundAssociate Judge of the New York Court of AppealsIn office January 15 1917 December 31 1926Preceded bySamuel SeaburySucceeded byJohn F O BrienJustice of the Supreme Court of New York for the First Judicial DivisionIn office January 5 1914 January 15 1917 Sitting by designation in the Court of Appeals from February 2 1914 Preceded byBartow S WeeksSucceeded bySamuel H OrdwayPersonal detailsBornBenjamin Nathan Cardozo 1870 05 24 May 24 1870New York City U S DiedJuly 9 1938 1938 07 09 aged 68 Port Chester New York U S Political partyDemocraticParentAlbert Cardozo father EducationColumbia University AB MA Born in New York City Cardozo passed the bar in 1891 after attending Columbia Law School He won an election to the New York Supreme Court in 1913 but joined the New York Court of Appeals the following year He won election as Chief Judge of that court in 1926 As Chief Judge he wrote majority opinions on cases such as Palsgraf v Long Island Railroad Co In 1932 President Herbert Hoover appointed Cardozo to the U S Supreme Court to succeed Oliver Wendell Holmes Jr Cardozo served on the Court until his death in 1938 and formed part of the liberal bloc of justices known as the Three Musketeers He wrote the Court s majority opinion in notable cases such as Nixon v Condon 1932 and Steward Machine Co v Davis 1937 Contents 1 Early life and family 1 1 Education 2 Legal career 2 1 Law practice 2 2 New York Court of Appeals 2 3 United States Supreme Court 2 4 In his own words 2 5 Honors 3 Personal life 3 1 Ethnicity 4 Cases 5 Schools organizations buildings and ships named after Cardozo 6 Bibliography 7 See also 8 Notes 9 Further reading 10 External linksEarly life and family editCardozo the son of Rebecca Washington nee Nathan and Albert Jacob Cardozo 2 was born in 1870 in New York City Both Cardozo s maternal grandparents Sara Seixas and Isaac Mendes Seixas Nathan and his paternal grandparents Ellen Hart and Michael H Cardozo were Western Sephardim of the Portuguese Jewish community and affiliated with Manhattan s Congregation Shearith Israel Their ancestors had immigrated to the British colonies from London England before the American Revolution The family were descended from Jewish origin New Christian conversos They left the Iberian Peninsula for Holland during the Inquisition 2 There they returned to the practice of Judaism Cardozo family tradition held that their marrano New Christians who maintained crypto Jewish practices in secrecy ancestors were from Portugal 2 although Cardozo s ancestry has not been firmly traced to that country 3 But Cardozo archaic spelling of Cardoso Seixas and Mendes are the Portuguese rather than Spanish spelling of those common Iberian surnames Benjamin Cardozo had a fraternal twin his sister Emily They had four other siblings including an older sister Nell and older brother Benjamin was named for his uncle Benjamin Nathan a vice president of the New York Stock Exchange who was murdered in 1870 The case was never solved 4 Among their many cousins given their deep history in the US was the poet Emma Lazarus Other earlier relations include Francis Lewis Cardozo 1836 1903 Thomas Cardozo and Henry Cardozo free men of color of Charleston South Carolina Francis became a Presbyterian minister in New Haven Connecticut after education in Scotland and was elected Secretary of State of South Carolina during the Reconstruction era Later he worked as an educator in Washington DC under a Republican administration 5 Albert Cardozo Benjamin Cardozo s father was a judge on the Supreme Court of New York the state s general trial court until 1868 He was implicated in a judicial corruption scandal sparked by the Erie Railway takeover wars and was forced to resign The scandal also led to the creation of the Association of the Bar of the City of New York After leaving the court the senior Cardozo practiced law for nearly two decades more until his death in 1885 When Benjamin and Emily were young their mother Rebecca died The twins were raised during much of their childhood largely by their sister Nell who was 11 years older Benjamin remained devoted to her throughout his life Education edit One of Benjamin s tutors was Horatio Alger 6 At age 15 Cardozo entered Columbia University 6 where he was elected to Phi Beta Kappa 7 He was admitted to Columbia Law School in 1889 Cardozo wanted to enter a profession that could enable him to support himself and his siblings but he also hoped to restore the family name which had been sullied by his father s actions as a judge Cardozo left law school after two years without a law degree 8 9 Legal career editLaw practice edit Cardozo passed the bar examination in 1891 and began practicing appellate law alongside his older brother 6 Benjamin Cardozo practiced law in New York City until year end 1913 with Simpson Warren and Cardozo 6 10 Interested in advancement and restoring the family name Cardozo ran for a judgeship on the New York Supreme Court In November 1913 Cardozo was elected by a large margin to a 14 year term on that court and took office on January 1 1914 New York Court of Appeals edit In February 1914 Cardozo was designated to the New York Court of Appeals under the Amendment of 1899 11 He was reportedly the first Jewish person to serve on the Court of Appeals In January 1917 he was appointed by the governor to a regular seat on the Court of Appeals to fill the vacancy caused by the resignation of Samuel Seabury In November 1917 he was elected on the Democratic and Republican tickets to a 14 year term on the Court of Appeals In 1926 he was elected on both tickets again to a 14 year term as Chief Judge He took office on January 1 1927 and resigned on March 7 1932 to accept an appointment to the United States Supreme Court His tenure was marked by a number of original rulings in tort and contract law in particular This is partly due to timing rapid industrialization was forcing courts to look anew at old common law components to adapt to new settings 6 In 1921 Cardozo gave the Storrs Lectures at Yale University which were later published as The Nature of the Judicial Process a book that remains valuable to judges today 6 Shortly thereafter Cardozo became a member of the group that founded the American Law Institute which crafted a Restatement of the Law of Torts Contracts and a host of other private law subjects He wrote three other books that also became standards in the legal world 6 While on the Court of Appeals he criticized the exclusionary rule as developed by the federal courts saying The criminal is to go free because the constable has blundered He noted that many states had rejected the rule but suggested that the adoption by the federal courts would affect the practice in the sovereign states 12 13 14 15 United States Supreme Court edit nbsp Justice Cardozo in his judicial robes nbsp Cardozo s Supreme Court nominationOn February 15 1932 President Herbert Hoover nominated Cardozo as an associate justice of the United States Supreme Court 16 to succeed Oliver Wendell Holmes The New York Times said of Cardozo s appointment that seldom if ever in the history of the Court has an appointment been so universally commended 17 The Democrat Cardozo s appointment by a Republican president has been referred to as one of the few Supreme Court appointments in history that was not motivated by partisanship or politics but strictly based on the nominee s contribution to law 18 He was confirmed by the U S Senate on February 24 1932 16 and was sworn into office on March 14 1 During a radio broadcast soon after Cardozo s confirmation Clarence C Dill a Democratic senator from Washington called Hoover s appointment of Cardozo the finest act of his career as President 19 The entire faculty of the University of Chicago Law School had urged Hoover to nominate Cardozo as did the deans of the law schools at Harvard Yale and Columbia Justice Harlan Fiske Stone strongly urged Hoover to name Cardozo even offering to resign to make room for him if Hoover had his heart set on someone else Stone had suggested to Calvin Coolidge that he should nominate Cardozo in 1925 before Stone 20 Hoover originally demurred he was concerned that there were already two justices from New York and a Jew on the court Justice James McReynolds was a notorious anti Semite When the chairman of the Senate Foreign Relations Committee William E Borah of Idaho added his strong support for Cardozo however Hoover finally bowed to the pressure Cardozo was a member of the Three Musketeers along with Brandeis and Stone who were considered to be the liberal faction of the Supreme Court In his years as an associate justice Cardozo wrote opinions that stressed the necessity for the tightest adherence to the Tenth Amendment In his own words edit Cardozo s opinion of himself shows some of the same flair as his legal opinions tone In truth I am nothing but a plodding mediocrity please observe a plodding mediocrity for a mere mediocrity does not go very far but a plodding one gets quite a distance There is joy in that success and a distinction can come from courage fidelity and industry 21 Honors edit Cardozo received the honorary degree of LL D from several colleges and universities including Columbia 1915 Yale 1921 New York 1922 Michigan 1923 Harvard 1927 St John s 1928 St Lawrence 1932 Williams 1932 Princeton 1932 Pennsylvania 1932 Brown 1933 and Chicago 1933 22 Personal life edit nbsp Cardozo had an apartment in this building in Washington D C As an adult Cardozo no longer practiced Judaism he identified as an agnostic but he was proud of his Jewish heritage 23 Of the six children born to Albert and Rebecca Cardozo only his twin sister Emily married She and her husband did not have any children Constitutional law scholar Jeffrey Rosen noted in a New York Times Book Review of Richard Polenberg s book on Cardozo Polenberg describes Cardozo s lifelong devotion to his older sister Nell with whom he lived in New York until her death in 1929 When asked why he had never married Cardozo replied quietly and sadly I never could give Nellie the second place in my life nbsp Cardozo s gravesiteIn late 1937 Cardozo had a heart attack and in early 1938 he suffered a stroke He died on July 9 1938 at the age of 68 He was buried in Beth Olam Cemetery in Queens 24 25 Ethnicity edit Cardozo was the second Jewish justice to be appointed to the Supreme Court The first was Louis Brandeis whose family was Ashkenazi Cardozo was born into the Spanish and Portuguese Jewish community which had traditions distinct from the Ashkenazi Since the appointment of Justice Sonia Sotomayor in the 21st century some commentators have suggested that Cardozo should be considered the first Hispanic justice 26 27 28 In response to this controversy Cardozo biographer Kaufman questioned the usage of the term Hispanic in Justice Cardozo s lifetime stating Well I think he regarded himself as a Sephardic Jew whose ancestors came from the Iberian Peninsula 29 After centuries in British North America Cardozo confessed in 1937 that his family preserved neither the Spanish language nor Iberian cultural traditions 30 Ancestors had lived in England the British colonies and the United States since the 17th century Some Latino advocacy groups such as the National Association of Latino Elected Officials and the Hispanic National Bar Association consider Sonia Sotomayor to be the first Hispanic justice as in their view she was raised in Hispanic culture 26 29 Cases editNew York CourtsSchloendorff v Society of New York Hospital 105 N E 92 1914 it is necessary to get informed consent from a patient before operation but a non profit hospital was not vicariously liable the latter aspect was reversed in 1957 MacPherson v Buick Motor Co 111 N E 1050 1916 ending privity as a prerequisite to duty in product liability by ruling that manufacturers of products could be held liable for injuries to consumers even if they were not in privity De Cicco v Schweizer 117 N E 807 1917 where Cardozo approached the issue of third party beneficiary law in a contract for marriage case Wood v Lucy Lady Duff Gordon 118 N E 214 1917 on an implied promise to do something constituting consideration in a contract Martin v Herzog 126 N E 814 1920 breach of statutory duty establishes negligence and the elements of the claim includes proof of causation Jacob amp Youngs v Kent 230 N Y 239 1921 substantial performance of a contract does not lead to a right to terminate only damages Hynes v New York Central Railroad Company 131 N E 898 1921 a railway owed a duty of care despite the victims being trespassers Glanzer v Shepard 233 N Y 236 135 N E 275 23 A L R 1425 1922 a Caballero bean weighing dispute with duties imposed by law but growing out of contract Berkey v Third Avenue Railway 244 N Y 84 1926 the corporate veil cannot be pierced even in favor of a tort victim unless domination of a subsidiary by the parent is complete Wagner v International Railway 232 N Y 176 1926 the rescue doctrine Danger invites rescue The cry of distress is the summons to relief The emergency begets the man The wrongdoer may not have foreseen the coming of a deliverer He is accountable as if he had Meinhard v Salmon 164 N E 545 1928 the fiduciary duty of business partners is Not honesty alone but the punctilio of an honor the most sensitive Palsgraf v Long Island Railroad Co 162 N E 99 1928 the development of the concept of the proximate cause in tort law Jessie Schubert v August Schubert Wagon Company 164 N E 42 1929 Respondeat superior and spousal immunity relationship are not related Murphy v Steeplechase Amusement Park 166 N E 173 1929 denied a right to recover for knee injury from riding The Flopper funride since the victim assumed the risk Ultramares v Touche 174 N E 441 1931 on the limitation of liability of auditorsUS Supreme CourtNixon v Condon 286 U S 73 1932 all white Texas Democratic Party primary unconstitutional Welch v Helvering 290 U S 111 1933 which concerns Internal Revenue Code Section 162 and the meaning of ordinary business deductions Panama Refining Co v Ryan 293 U S 388 1935 dissenting from a narrow interpretation of the Commerce Clause A L A Schechter Poultry Corp v United States 295 U S 495 1935 concurring in the invalidation of poultry regulations as outside the commerce clause power Carter v Carter Coal Company 298 U S 238 1936 dissenting over the scope of the Commerce Clause Steward Machine Company v Davis 301 U S 548 1937 unemployment compensation and social security were constitutional Helvering v Davis 301 U S 619 1937 social security not a contributory programme Palko v Connecticut 302 U S 319 1937 the due process clause incorporated those rights which were implicit in the concept of ordered liberty Schools organizations buildings and ships named after Cardozo editBenjamin N Cardozo School of Law at Yeshiva University in New York City Benjamin N Cardozo Chapter of Phi Alpha Delta Law Fraternity at The Catholic University of America Columbus School of Law in Washington D C 31 Cardozo College a dormitory building at Stony Brook University in Stony Brook New York Benjamin N Cardozo Lodge 163 Knights of Pythias 32 Benjamin N Cardozo High School in the borough of Queens in New York City The Cardozo Hotel 1300 Ocean Drive Miami Florida The Liberty ship SS Benjamin N Cardozo was built by California Shipbuilding Corporation and launched on April 5 1943 and later renamed USS Serpens Bibliography editCardozo Benjamin N 1921 The Nature of the Judicial Process The Storrs Lectures Delivered at Yale University Cardozo Benjamin N 1924 The Growth of the Law 5 Additional Lectures Delivered at Yale University Cardozo Benjamin N 1928 The Paradoxes of Legal Science Columbia University OCLC 843833 Cardozo Benjamin N 1931 Law and Literature and Other Essays and Addresses Cardozo Benjamin N 1889 The Altruist in Politics commencement oration at Columbia College Gutenberg Project version See also editDemographics of the Supreme Court of the United States List of justices of the Supreme Court of the United States List of law clerks of the Supreme Court of the United States Seat 2 List of United States Supreme Court justices by time in office United States Supreme Court cases during the Hughes Court List of first minority male lawyers and judges in New YorkNotes edit a b Justices 1789 to Present Washington D C Supreme Court of the United States Retrieved February 15 2022 a b c Kaufman Andrew L 1998 Cardozo Harvard University Press pp 6 9 ISBN 0 674 09645 2 Archived from the original on 2020 12 18 Retrieved 2020 10 01 Mark Sherman First Hispanic justice Some say it was Cardozo The Associated Press 2009 Archived from the original on 2020 11 14 Retrieved 2016 11 10 Pearson Edmund L 1999 The Twenty Third Street Murder Studies in Murder Ohio State University Press pp 123 164 ISBN 081425022X Richardson Joe M Francis L Cardozo Black educator during reconstruction Journal of Negro Education 48 1 1979 73 83 in JSTOR Archived 2020 07 27 at the Wayback Machine a b c d e f g Christopher L Tomlins 2005 The United States Supreme Court Houghton Mifflin pp 467 ISBN 978 0 618 32969 4 Retrieved 2008 10 21 Supreme Court Justices Who Are Phi Beta Kappa Members PDF PBK org Phi Beta Kappa Archived from the original PDF on 2011 09 28 Retrieved October 4 2009 Levy Beryl Harold November 2007 Realist Jurisprudence and Prospective Overruling New York Review of Books LIV 17 10 n 31 Cardozo Benjamin N Great American Judges An Encyclopedia ABC CLIO 2003 p 155 Pollak Louis H 2009 Pollak Walter Heilprin 1887 1941 In Newman Roger K ed The Yale Biographical Dictionary of American Law Yale University Press p 430 ISBN 978 0300113006 Archived from the original on 21 November 2016 Retrieved 2 December 2017 Designation Archived 2021 03 08 at the Wayback Machine The New York Times February 3 1914 People of the State of New York v John Defore 150 N E 585 1926 Stagg Tom Judge United States District Court Western District of Louisiana July 15 1991 Letter to the Editor The New York Times Shreveport La Archived from the original on March 9 2021 Retrieved January 7 2013 a href Template Cite news html title Template Cite news cite news a CS1 maint multiple names authors list link Spence Karl 2006 Fair or Foul Exclusionary rule hurts the innocent by protecting the guilty Yo Liberals You Call This Progress Converse Texas Chattanooga Free Press Fielding Press ISBN 0976682605 Archived from the original on February 27 2021 Retrieved January 7 2013 ISBN 978 0976682608 Polenberg Richard 1997 The World of Benjamin Cardozo Personal Values and the Judicial Process Cambridge Massachusetts Harvard University Press pp 203 207 ISBN 0674960521 Retrieved January 13 2012 permanent dead link ISBN 978 0674960527 a b McMillion Barry J January 28 2022 Supreme Court Nominations 1789 to 2020 Actions by the Senate the Judiciary Committee and the President PDF Report Washington D C Congressional Research Service Retrieved February 15 2022 Cardozo is named to Supreme Court The New York Times 1932 02 16 Archived from the original on 2018 07 20 Retrieved 2018 07 23 James Taranto Leonard Leo 2004 Presidential Leadership Wall Street Journal Books ISBN 978 0 7432 7226 1 Retrieved 2008 10 20 The New York Times March 2 1932 p 13 Handler 1995 As quoted in Nine Old Men 1936 by Drew Pearson and Robert Sharon Allen p 221 Death Notices Supplement to General Alumni Catalog Ann Arbor MI University of Michigan 1939 p 16 Archived from the original on 2021 05 06 Retrieved 2020 10 01 Benjamin Cardozo Archived 2016 10 21 at the Wayback Machine Jewish Virtual Library Christensen George A 1983 Here Lies the Supreme Court Gravesites of the Justices Yearbook Archived from the original on 2005 09 03 Retrieved 2013 11 24 a href Template Cite web html title Template Cite web cite web a CS1 maint bot original URL status unknown link Supreme Court Historical Society at Internet Archive See also Christensen George A Here Lies the Supreme Court Revisited Journal of Supreme Court History Volume 33 Issue 1 Pages 17 41 19 Feb 2008 University of Alabama a b Cardozo was first but was he Hispanic USA Today May 27 2009 May 27 2009 Archived from the original on 2009 05 30 Retrieved 2009 06 02 Mark Sherman First Hispanic Justice Some Say It Was Cardozo Associated Press May 26 2009 ABC News Archived from the original on August 21 2009 Retrieved 2009 06 02 Robert Schlesinger Would Sotomayor be the First Hispanic Supreme Court Justice or Was it Cardozo US News amp World Report May 29 2009 Archived from the original on May 29 2009 Retrieved August 24 2017 a b Neil A Lewis Was a Hispanic Justice on the Court in the 30s The New York Times May 26 2009 The New York Times May 27 2009 Archived from the original on June 30 2012 Retrieved April 26 2010 Aviva Ben Ur 2009 Sephardic Jews in America A Diasporic History New York NYU Press p 86 ISBN 978 0 8147 8632 1 Archived from the original on 2020 07 27 Retrieved 2016 02 19 Law School Chapter Locator Benjamin N Cardozo Lodge Archived 2021 02 24 at the Wayback Machine at www cardozospeaks orgFurther reading editAbraham Henry J 1999 Justices Presidents and Senators A History of the U S Supreme Court Appointments from Washington to Clinton Revised ed Lanham Rowman amp Littlefield ISBN 0 8476 9604 9 Cardozo Benjamin N 1957 An Introduction to Law Cambridge Harvard Law Review Association Chapters by eight distinguished American judges Cunningham Lawrence A 1995 Cardozo and Posner A Study in Contracts William amp Mary Law Review 36 1379 SSRN 678761 Cardozo Benjamin N 1870 1938 Essays Dedicated to Mr Justice Cardozo N p Published by Columbia Law Review Harvard Law Review Yale Law Journal 1939 143 pp Contributors Harlan Fiske Stone the Rt Hon Lord Maugham Herbert Vere Evatt Learned Hand Irving Lehman Warren Seavey Arthur L Corbin Felix Frankfurter Also includes a reprint of Cardozo s essay Law And Literature with a foreword by James M Landis Cushman Clare 2001 The Supreme Court Justices Illustrated Biographies 1789 1995 2nd ed Supreme Court Historical Society Congressional Quarterly Books ISBN 1 56802 126 7 Frank John P 1995 Friedman Leon Israel Fred L eds The Justices of the United States Supreme Court Their Lives and Major Opinions Chelsea House Publishers ISBN 0 7910 1377 4 Frankfurter Felix Mr Justice Cardozo and Public Law Columbia Law Review 39 1939 88 118 Harvard Law Review 52 1939 440 470 Yale Law Journal 48 1939 458 488 Hall Kermit L ed 1992 The Oxford Companion to the Supreme Court of the United States New York Oxford University Press ISBN 0 19 505835 6 Handler Milton 1995 Stone s Appointment by Coolidge The Supreme Court Historical Society Quarterly 16 3 4 External videos nbsp Presentation by Andrew L Kaufman on Cardozo June 14 1998 C SPANKaufman Andrew L 1998 Cardozo Cambridge MA Harvard University Press ISBN 0 674 09645 2 Martin Fenton S Goehlert Robert U 1990 The U S Supreme Court A Bibliography Washington D C Congressional Quarterly Books ISBN 0 87187 554 3 Polenberg Richard 1997 The World of Benjamin Cardozo Personal Values and the Judicial Process Cambridge Massachusetts Harvard University Press pp 320 ISBN 978 0 674 96051 0 Posner Richard A 1990 Cardozo A Study in Reputation University of Chicago Press ISBN 0 226 67555 6 Seavey Warren A Mr Justice Cardozo and the Law of Torts Columbia Law Review 39 1939 20 55 Harvard Law Review 52 1939 372 407 Yale Law Journal 48 1939 390 425 Urofsky Melvin I 1994 The Supreme Court Justices A Biographical Dictionary New York Garland Publishing pp 590 ISBN 0 8153 1176 1 External links editBenjamin N Cardozo at Wikipedia s sister projects nbsp Media from Commons nbsp Quotations from Wikiquote nbsp Texts from Wikisource nbsp Data from Wikidata Benjamin Nathan Cardozo at the Biographical Directory of Federal Judges a publication of the Federal Judicial Center Works by Benjamin Nathan Cardozo at Project Gutenberg Works by or about Benjamin N Cardozo at Internet Archive Works by Benjamin N Cardozo at LibriVox public domain audiobooks nbsp Benjamin Cardozo at Michael Ariens com History of the Court the Hughes Court at Supreme Court Historical Society Listing and portrait of Benjamin N Cardozo New York Court of Appeals judge at Historical Society of the Courts of the State of New York Oyez Project U S Supreme Court media Benjamin N Cardozo Legal officesPreceded byFrank Hiscock Chief Judge of the New York Court of Appeals1927 1932 Succeeded byCuthbert PoundPreceded byOliver Holmes Associate Justice of the Supreme Court of the United States1932 1938 Succeeded byFelix Frankfurter Retrieved from https en wikipedia org w index php title Benjamin N Cardozo amp oldid 1196653654, wikipedia, wiki, book, books, library,

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