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Cardozo's ancestors were Sephardic Jews who immigrated to the United States in the 1740s and 1750s from Portugal via the Netherlands and England.
Albert Cardozo was himself a justice of 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.
Cardozo struck a blow for duty in a railway case where boys in New York City were using a poorly fenced off area of the railway as a jumping off point for diving in the river on a hot summer day.
Shortly after Cardozo was born, his father Albert was implicated in a judicial corruption scandal that was sparked by the Erie Railway takeover wars, in which parties contending for the control of the Erie Railway used the judicial system in a way that perverted the law.
Cardozo was appointed to a seat on the Court of Appeals in 1917, and was elected to that seat the same year.
Cardozo wrote a dissent suggesting that the formal distinct between production/commerce was untenable, because "the law is not indifferent to considerations of degree." The next year, in NLRB v.