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Benjamin N. Cardozo
Benjamin N. Cardozo
In office
March 14, 1932 – July 9, 1938
Nominated by Herbert Hoover
Preceded by Oliver Wendell Holmes, Jr.
Succeeded by Felix Frankfurter
Born May 24, 1870(1870-05-24)
New York City, New York
Died July 9, 1938 (aged 68)
Port Chester, New York
Religion Jewish

Benjamin Nathan Cardozo (May 24, 1870–July 9, 1938) was a well-known American lawyer and jurist, remembered for his significant influence on the development of American common law in the 20th century, in addition to his modesty, philosophy, and vivid prose style. 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 Events 1489 - The Queen of Cyprus, Catherine Cornaro, sells her kingdom to Venice. Year 1932 ( MCMXXXII) was a Leap year starting on Friday of the Gregorian calendar. Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. 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 &ndash October 20 1964 was the thirty-first President of the United States (1929–1933 Oliver Wendell Holmes Jr ( March 8, 1841 &ndash March 6, 1935) was an American Jurist who served on the Supreme Felix Frankfurter ( November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court Events 1218 - The Fifth Crusade leaves Acre for Egypt. 1276 - Magnus Ladulås is crowned Year 1870 ( MDCCCLXX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common The City of New York New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. 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. PLEASE TAKE NOTE************ Events 1218 - The Fifth Crusade leaves Acre for Egypt. 1276 - Magnus Ladulås is crowned Year 1870 ( MDCCCLXX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. Year 1938 ( MCMXXXVIII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. The United States of America —commonly referred to as the A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than Although Cardozo served on the Supreme Court of the United States from 1932 until his death, the majority of his landmark decisions were delivered during his 18-year tenure on the New York Court of Appeals. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. New York Court of Appeals is the highest court in the US state of New York.

Contents

Biography

Born in New York City to Albert and Rebecca Nathan Cardozo, Benjamin was a twin, born with his sister Emily. The City of New York Albert Jacob Cardozo ( December 21, 1828 Philadelphia PA - November 8, 1885 New York City) was an American jurist Cardozo's ancestors were Portuguese Jews who immigrated to the United States in the 1740s and 1750s from Portugal[1] via the Netherlands and England. Spanish and Portuguese Jews are a distinctive sub-group of Sephardim who have their main ethnic origins within the crypto-Jewish communities of the Iberian Portugal, officially the Portuguese Republic (República Portuguesa is a country on the Iberian Peninsula. The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The surname Cardozo (Cardoso) is of Portuguese origin. Portuguese ( or língua portuguesa) is a Romance language that originated in what is now Galicia (Spain and northern Portugal. He was a cousin of the Poet Emma Lazarus. Emma Lazarus ( July 22, 1849 &ndash November 19, 1887) was an American Poet born in New York City.

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 Supreme Court of the State of New York is New York State 's Trial court, and is of General jurisdiction. The Erie Railroad was a Railroad that operated in New York State, New Jersey, Pennsylvania, Ohio, Indiana, and Year 1868 ( MDCCCLXVIII) was a Leap year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Leap 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. The Association of the Bar of the City of New York, also known as the New York City Bar was established in 1870 After leaving the court, he practiced law until his death in 1885.

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. Year 1879 ( MDCCCLXXIX) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common At age 15, Cardozo entered Columbia University and then went on to Columbia Law School in 1889. Columbia University is a private University in the United States and a member of the Ivy League. Columbia Law School, located in New York City, is one of the professional schools of Columbia University, a member of the Ivy League. Year 1889 ( MDCCCLXXXIX) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Common 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. When Cardozo entered Columbia Law School, the program was only two years long; in the midst of his studies, however, the faculty voted to extend the program to three years. Cardozo declined to stick around for an extra year, and thus left law school without a law degree. [2] From 1891 to 1914, Benjamin Cardozo practiced law in New York City. Year 1891 ( MDCCCXCI) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Common Year 1914 ( MCMXIV) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Common year The City of New York In the November 1913 elections, Cardozo was narrowly elected to the New York Supreme Court. The Supreme Court of the State of New York is New York State 's Trial court, and is of General jurisdiction. Cardozo took office on January 5, 1914. Events 1477 - Battle of Nancy: Charles the Bold is killed and Burgundy becomes part of France. Year 1914 ( MCMXIV) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar (or a Common year

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. New York Court of Appeals is the highest court in the US state of New York. He was the first man of Jewish descent to serve on the Court of Appeals and became Chief Judge on January 1, 1927. PLEASE TAKE NOTE************ New Year See also New Year The Ancient Romans began their consular year on January 1st since 153 BC 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. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law 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. The Nature of the Judicial Process is a tract on judicial decision making 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. 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 The Restatements of the Law are treatises published by the American Law Institute as scholarly refinements of Black-letter law, to "address uncertainty

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. Year 1932 ( MCMXXXII) was a Leap year starting on Friday of the Gregorian calendar. The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by Herbert Clark Hoover (August 10 1874 &ndash October 20 1964 was the thirty-first President of the United States (1929–1933 The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Oliver Wendell Holmes Jr ( March 8, 1841 &ndash March 6, 1935) was an American Jurist who served on the Supreme 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. "[3] He was confirmed by a unanimous voice vote in the Senate on February 24 (New York Times, February 25, 1932, p. Events 138 - The Emperor Hadrian adopts Antoninus Pius, effectively making him his successor Year 1932 ( MCMXXXII) was a Leap year starting on Friday of the Gregorian calendar. 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. Events 86 BC - Lucius Cornelius Sulla, at the head of a Roman Republic army enters in Athens, removing the Tyrant Year 1932 ( MCMXXXII) was a Leap year starting on Friday of the Gregorian calendar. Clarence Cleveland Dill ( September 21 1884 January 14 1978) was an American politician from the state of Washington. Events 986 - Louis V becomes King of the Franks. 1127 - Assassination of Charles the Good 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. 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 In Academic administration, a dean is a person with significant authority over a specific academic unit or over a specific area of concern or both A law school (also known as a school of law or college of law) is an institution specializing in Legal education. Harvard Law School (also known as Harvard Law or HLS) is one of the professional Graduate schools of Harvard University. Yale Law School, or YLS, is the Law school of Yale University in New Haven Connecticut. Columbia Law School, located in New York City, is one of the professional schools of Columbia University, a member of the Ivy League. 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 Calvin Coolidge that he should nominate Cardozo rather than himself back in 1925 (Handler, 1995)). Harlan Fiske Stone ( October 11 1872 – April 22 1946) was an American Lawyer and jurist. John Calvin Coolidge Jr (July 4 1872 January 5 1933 was the thirtieth President of the United States (1923–1929 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. James Clark McReynolds ( February 3, 1862 &ndash August 24, 1946) was an American Lawyer and Judge who served 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. US Senate Committee on Foreign Relations is a standing committee of the United States Senate. William Edgar Borah ( June 29, 1865 near Fairfield, Illinois &ndash January 19, 1940 Washington D The State of Idaho ( is a state in the Pacific Northwest region of the United States of America.

Cardozo was the second person of Jewish descent, after Louis Brandeis, to be appointed to the Supreme Court. Louis Dembitz Brandeis ( November 13, 1856 – October 5, 1941) was an American litigator, Supreme Court Justice, advocate 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. Hispanic (hispano hispánico hispânico Hispānus adjective from ''Hispānia'', the Roman name for the Iberian Peninsula) is a term that historically 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. Associate Justice or Associate Judge 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. This page is about three liberal Supreme Court Justices For other uses see Three Musketeers.

Death

In late 1937, Cardozo had a heart attack, and in early 1938, he suffered a stroke. Myocardial infarction ( MI or AMI for acute myocardial infarction) also known as a heart attack, occurs when the blood supply A stroke is the rapidly developing loss of brain functions due to a disturbance in the blood vessels supplying blood to the brain He died on July 9, 1938, at the age of 68 and was buried in Beth-Olom Cemetery in Brooklyn. Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. Year 1938 ( MCMXXXVIII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. 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.

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. Celibacy refers to the lack of participation in Sexual intercourse. 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. Horatio Alger Jr ( January 13, 1832 &ndash July 18, 1899) was a 19th-century American Author who wrote approximately 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. Jeffrey Rosen is an American academic and Commentator on legal affairs When asked why he had never married, Cardozo replied, quietly and sadly, I never could give Nellie the second place in my life. Polenberg suggests that friends may have stressed Cardozo's devotion to his sister to discourage rumors that he was sexually dysfunctional, or had an unusually low sexual drive or was homosexual. But he produces no evidence to support any of these possibilities, except to note that friends, in describing Cardozo, used words like beautiful exquisite, sensitive or delicate. "[4]

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. "[5]

Famous opinions

In his own words

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

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.

Buildings and organizations named after Cardozo

Bibliography

Notes

  1. ^ Distinguished Americans & Canadians of Portuguese Descent. Retrieved on 2008-01-09. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 475 - Byzantine Emperor Zeno is forced to flee his capital at Constantinople.
  2. ^ Levy, Beryl Harold (November 2007). "Realist Jurisprudence and Prospective Overruling". New York Review of Books LIV (17): 10, n. 31.  
  3. ^ "Cardozo is named to Supreme Court", New York Times, 1932-02-16.  
  4. ^ Jeffrey Rosen, NYT Nov. 2, 1997
  5. ^ See Andrew Kaufman, Cardozo (Cambridge: Harvard University Press, 2000) at 89.

Further reading

External links

Legal offices
Preceded by
Oliver Wendell Holmes, Jr.		 Associate Justice of the Supreme Court of the United States
March 14, 1932 – July 9, 1938		 Succeeded by
Felix Frankfurter


Persondata
NAME Cardozo, Benjamin Nathan
ALTERNATIVE NAMES
SHORT DESCRIPTION American jurist
DATE OF BIRTH May 24, 1870
PLACE OF BIRTH New York City New York, United States
DATE OF DEATH July 9, 1938
PLACE OF DEATH Port Chester, New York, United States
Project Gutenberg, abbreviated as PG, is a volunteer effort to Digitize, archive and distribute Cultural works Oliver Wendell Holmes Jr ( March 8, 1841 &ndash March 6, 1935) was an American Jurist who served on the Supreme This is a list of past and present justices of the Supreme Court of the United States. Events 1489 - The Queen of Cyprus, Catherine Cornaro, sells her kingdom to Venice. Year 1932 ( MCMXXXII) was a Leap year starting on Friday of the Gregorian calendar. Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. Year 1938 ( MCMXXXVIII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. Felix Frankfurter ( November 15, 1882 – February 22, 1965) was an Associate Justice of the United States Supreme Court The United States of America —commonly referred to as the Events 1218 - The Fifth Crusade leaves Acre for Egypt. 1276 - Magnus Ladulås is crowned Year 1870 ( MDCCCLXX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a Common The City of New York New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous The United States of America —commonly referred to as the Events 455 - Roman military commander Avitus is proclaimed Emperor of the Western Roman Empire. 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. The United States of America —commonly referred to as the
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