NationMaster - Encyclopedia: Benjamin N. Cardozo

Benjamin Nathan Cardozo (May 24, 1870–July 9, 1938) is a well-known American jurist and a justice on the United States Supreme Court from 1932 until his death. He is remembered not only for his landmark decisions on negligence but also his modesty, philosophy, and writing style, which is considered remarkable for its prose and vividness. Critics, however, decry his opinions as exercises in verbosity which fail to set forth usable, guiding legal principles. Image File history File links Download high-resolution version (454x640, 31 KB) This file is in the public domain, because the Library of Congress says it is. ... Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States. ... is the 73rd day of the year (74th in leap years) in the Gregorian calendar. ... Year 1932 (MCMXXXII) was a leap year starting on Friday (the link will display full 1932 calendar) of the Gregorian calendar. ... is the 190th day of the year (191st in leap years) in the Gregorian calendar. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... Herbert Clark Hoover (August 10, 1874 â€“ October 20, 1964), the thirty-first President of the United States (1929â€“1933), was a world-famous mining engineer and humanitarian administrator. ... Oliver Wendell Holmes, Jr. ... Felix Frankfurter (November 15, 1882 â€“ February 22, 1965) was an Associate Justice of the United States Supreme Court. ... is the 144th day of the year (145th in leap years) in the Gregorian calendar. ... 1870 (MDCCCLXX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day slower Julian calendar). ... New York, New York and NYC redirect here. ... This article is about the state. ... is the 190th day of the year (191st in leap years) in the Gregorian calendar. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... Port Chester is a village in Westchester County, New York, United States. ... is the 144th day of the year (145th in leap years) in the Gregorian calendar. ... 1870 (MDCCCLXX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day slower Julian calendar). ... is the 190th day of the year (191st in leap years) in the Gregorian calendar. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Year 1932 (MCMXXXII) was a leap year starting on Friday (the link will display full 1932 calendar) of the Gregorian calendar. ...

Biography

Background

Born in New York City to Albert and Rebecca Nathan Cardozo, Benjamin was a twin, born with his sister Emily. Cardozo's ancestors were Portuguese Jews who immigrated to the United States in the 1740s and 1750s from Portugal via the Netherlands and England. The surname Cardozo (Cardoso) is of Portuguese origin. He was a cousin of the Poet Emma Lazarus. New York, New York and NYC redirect here. ... Albert Jacob Cardozo was born on December 21, 1828 in Philadelphia, PA, and died on November 8, 1885 in New York City. ... Painting of the Amsterdam Esnoga â€” considered the mother synagogue by the Spanish and Portuguese Jews â€” by Emanuel de Witte (ab. ... For other uses, see England (disambiguation). ... Emma Lazarus (July 22, 1849 â€“ November 19, 1887) was an American poet born in New York City. ...

Father

Albert Cardozo was himself a judge on the Supreme Court of New York (the state's general trial court) until he was implicated in a judicial corruption scandal, sparked by the Erie Railway takeover wars, in 1868. The scandal led to the creation of the Association of the Bar of the City of New York and Albert's resignation from the bench. After leaving the court, he practiced law until his death in 1885. New York County Supreme Court building at 60 Centre Street, from across Foley Square The Supreme Court of the State of New York is one of several New York State trial courts in which cases originate. ... Erie Railroad Categories: Stub | Erie Railroad ... Year 1868 (MDCCCLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Gregorian Calendar (or a leap year starting on Monday of the 12-day slower Julian calendar). ... The Association of the Bar of the City of New York, also known as the New York City Bar, was established in 1871. ...

Early Years

Rebecca Cardozo died in 1879, and Benjamin was raised during much of his childhood by his sister Nell, who was 11 years older. At age 15, Cardozo entered Columbia University and then went on to Columbia Law School in 1889. Cardozo wanted to enter a profession that could materially aid himself and his siblings, but he also hoped to restore the family name, sullied by his father's actions as a judge. After only two years, and without a law degree, Cardozo left Columbia to practice law. From 1891 to 1914, Benjamin Cardozo practiced law in New York City. In the November 1913 elections, Cardozo was narrowly elected to the New York Supreme Court. Cardozo took office on January 5, 1914. Year 1879 (MDCCCLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day slower Julian calendar). ... Alma Mater Columbia University is a private university in the United States and a member of the Ivy League. ... Columbia Law School, located in the New York City borough of Manhattan, is one of the professional schools of Columbia University, a member of the Ivy League, and one of the leading law schools in the United States. ... Year 1889 (MDCCCLXXXIX) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ... Year 1891 (MDCCCXCI) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ... Year 1914 (MCMXIV) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... New York, New York and NYC redirect here. ... The Supreme Court of the State of New York is the basic New York State trial court of general jurisidiction. ... is the 5th day of the year in the Gregorian calendar. ... Year 1914 (MCMXIV) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ...

New York Court of Appeals

Less than a month after winning the election to the Supreme Court, Cardozo was elevated to the New York Court of Appeals, the highest court in the state. He was the first man of Jewish descent to serve on the Court of Appeals and became Chief Judge on January 1, 1927. The Court of Appeals is New Yorks highest appellate court, created in 1847, replacing the Court for the Trial of Impeachments and the Correction of Errors. ... The word Jew ( Hebrew: יהודי) is used in a wide number of ways, but generally refers to a follower of the Jewish faith, a child of a Jewish mother, or someone of Jewish descent with a connection to Jewish culture or ethnicity and often a combination... is the 1st day of the year in the Gregorian calendar. ... Year 1927 (MCMXXVII) was a common year starting on Saturday (link will display full calendar) of the Gregorian calendar. ...

His tenure was marked by a number of original rulings, in tort and contract law in particular. In 1921, Cardozo gave the Storrs Lectures at Yale University, which was later published as The Nature of the Judicial Process, a book that remains valuable to judges today. 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. Not to be confused with torte, an iced cake. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Yale redirects here. ... Just as Justice Benjamin Cardozos opinion in the Palsgraf case is arguably the most famous and influential opinion he authored, his book The Nature of the Judicial Process continues to exert influence among legal scholars today. ... The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. ... The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. ...

United States Supreme Court

In 1932, President Herbert Hoover appointed Cardozo to the Supreme Court of the United States to succeed Justice 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" (New York Times, February 16, 1932, p. 1). He was confirmed by a unanimous voice vote in the Senate on February 24 (New York Times, February 25, 1932, p. 1). On a radio broadcast on March 1, 1932, the day of Cardozo's confirmation, Clarence C. Dill, Democratic Senator for Washington, called Hoover's appointment of Cardozo "the finest act of his career as President" (New York Times, March 2, 1932, p. 13). The entire faculty of the University of Chicago Law School had urged Hoover to nominate him, 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 in fact suggested to Coolidge that he should nominate Cardozo rather than himself back in 1925 (Handler, 1995)). Hoover, however, originally demurred: there were already two justices from New York, and a Jew on the court; in addition, 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. Year 1932 (MCMXXXII) was a leap year starting on Friday (the link will display full 1932 calendar) of the Gregorian calendar. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas US Government Portal For other uses, see President of the United States (disambiguation). ... Herbert Clark Hoover (August 10, 1874 â€“ October 20, 1964), the thirty-first President of the United States (1929â€“1933), was a world-famous mining engineer and humanitarian administrator. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas US Government Portal The Supreme Court of the United States (sometimes colloquially referred to by the... Oliver Wendell Holmes, Jr. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ... is the 47th day of the year in the Gregorian calendar. ... Year 1932 (MCMXXXII) was a leap year starting on Friday (the link will display full 1932 calendar) of the Gregorian calendar. ... is the 56th day of the year in the Gregorian calendar. ... Year 1932 (MCMXXXII) was a leap year starting on Friday (the link will display full 1932 calendar) of the Gregorian calendar. ... is the 60th day of the year (61st in leap years) in the Gregorian calendar. ... Year 1932 (MCMXXXII) was a leap year starting on Friday (the link will display full 1932 calendar) of the Gregorian calendar. ... Clarence Cleveland Dill (September 21, 1884 January 14, 1978) was an American politician from the state of Washington. ... is the 61st day of the year (62nd in leap years) in the Gregorian calendar. ... The University of Chicago Law School, having recently celebrated its centennial in the 2002-2003 school year, has established itself as a high profile part of the University of Chicago. ... In an educational setting, a dean is a person with significant authority . ... // A law school is an institution where future lawyers obtain legal degrees. ... Harvard Law School (colloquially, Harvard Law or HLS) is one of the professional graduate schools of Harvard University. ... The Sterling Law Building Sculptural ornamentation on the Sterling Law Building Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut. ... Harlan Fiske Stone (October 11, 1872 â€“ April 22, 1946) was an American lawyer and jurist who served as the dean of Columbia Law School, Attorney General of the United States, Associate Justice of the U.S. Supreme Court and later Chief Justice of the United States. ... Coolidge is the name of several places in the United States: Coolidge, Arizona Coolidge, Georgia Coolidge, Kansas Coolidge, Texas People named Coolidge: Calvin Coolidge (July 4, 1872â€“January 5, 1933), the twenty-ninth Vice President and the thirtieth President of the United States. ... Year 1925 (MCMXXV) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar. ... Justice McReynolds, c. ... U.S. Senate Committee on Foreign Relations is a standing committee of the United States Senate. ... William E. Borah William Edgar Borah (June 29, 1865â€“January 19, 1940) was an American politician and longtime United States Senator from Idaho noted for his oratorical skills and isolationist views. ... Official language(s) English [1] Capital Boise Largest city Boise Largest metro area Boise metropolitan area Area Ranked 14th - Total 83,642 sq mi (216,632 kmÂ²) - Width 305 miles (491 km) - Length 479 miles (771 km) - % water 0. ...

Cardozo was the second person of Jewish descent, after Louis Brandeis, to be appointed to the Supreme Court. Because of his Iberian roots and fluency in Spanish, a few commentators consider him to have been the first Hispanic Justice as well, although his family origins were in Portugal rather than Spain. In his years as an Associate Justice, he handed down opinions that stressed the necessity for the law to adapt to the realities and needs of modern life. Louis Dembitz Brandeis (November 13, 1856 â€“ October 5, 1941) was an American litigator, Supreme Court Justice, advocate of privacy, and developer of the Brandeis Brief. ... Hispanic flag, not widely used. ... Associate Justice or Puisne (pronounced puny) Justice is the title for a member of a judicial panel who is not the Chief Justice. ...

Cardozo was a member of the Three Musketeers along with Brandeis and Stone, which was considered to be the liberal faction of the Supreme Court. The Three Musketeers was the nickname given to three liberal members of during the 1932-1937 terms of the United States Supreme Court, who generally supported the New Deal agenda of President Franklin Delano Roosevelt. ...

Death

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 and was buried in Beth-Olom Cemetery in Brooklyn. His death came at a time of much transition for the court, as many of the other justices died or retired during the late 1930s and early 1940s. Heart attack redirects here. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ... For other uses, see Stroke (disambiguation). ... is the 190th day of the year (191st in leap years) in the Gregorian calendar. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar. ...

Personal life

Of the six children born to Albert and Rebecca Cardozo, only Emily married, and she and her husband did not have any children. As far as is known, Benjamin Cardozo led a celibate life. As an adult, Cardozo no longer practiced his faith, but remained proud of his Jewish heritage. The fact that Cardozo was unmarried and was personally tutored by the writer Horatio Alger (who had been accused of inappropriate sexual relations with young boys) has led some of Cardozo's biographers to insinuate that Cardozo was a homosexual, but no real evidence exists to corroborate this possibility. Constitutional law scholar Jeffrey Rosen noted in a New York Times Book Review of Richard Polenberg's book on Cardozo: Celibacy may refer either to being unmarried or to sexual abstinence. ... Jeffrey Rosen is an American academic and commentator on legal affairs. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ...

Andrew Kaufman, author of Cardozo a biography published in 2000, notes that "Although one cannot be absolutely certain, it seems highly likely that Cardozo lived a celibate life." Judge Learned Hand is quoted in the book as saying about Cardozo: "He [had] no trace of homosexuality anyway." (Cardozo page 69). Nonetheless, Learned Hand's assertion cannot be conclusive, since if indeed Cardozo were a homosexual, he would have made every effort to hide that fact, given his desire for high judicial office in a conservative culture were homosexuality was criminalized.

Famous Opinions

Holding Managing partner in a joint venture had a fiduciary duty to inform the investing partner of an opportunity that would arise after the scheduled termination of the partnership. ... A fiduciary is a person who occupies a position of trust in relation to someone else such that he is required to act for the latters benefit within the scope of that relationship. ... Wood v. ... Cause c bre is a French phrase, literally meaning famous case, referring to events, frequently famous legal cases, that attract public attention and controversy. ... Consideration is something that is done or promised in return for a contractual promise. ... Holding Defendant could not be held liable for an injury that could not be reasonably foreseen. ... Year 1928 (MCMXXVIII) was a leap year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... MacPherson v. ... The doctrine of Privity in English law provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. ... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ... Jacob & Youngs v. ... Year 1921 (MCMXXI) was a common year starting on Saturday (link will display the full calendar). ... In tort law, a duty of care is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could foreseeably harm others. ... Berkey v. ... Year 1926 (MCMXXVI) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar. ... In the case Panama Refining Co. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... Palko v. ... A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... Also: 1969 (Stargate SG-1) episode. ... Benton v. ...

In his own words

Cardozo's opinion of himself shows some of the same flair as his legal opinions:

Buildings and organizations named after Cardozo

Benjamin N. Cardozo High School is a high school in the Queens borough of New York City. ... Queens is geographically the largest of the five boroughs of New York City in the United States, and the most ethnically diverse county in the U.S. It is coterminous with Queens County in the State of New York and is located on western Long Island. ... The Benjamin N. Cardozo School of Law is the law school of Yeshiva University, located in the New York City borough of Manhattan. ... Yeshiva University is a private Jewish university in New York City whose first component was founded in 1886. ... The State University of New York at Stony Brook (SUNYSB), also known as Stony Brook University (SBU) is a public research university located in Stony Brook, New York (on the north side of Long Island, about 55 miles east of Manhattan, New York). ...

Bibliography

Notes

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