Cloistered Cleric of the Law
Review of: Cardozo by Andrew L. Kaufman;
and
The World of Benjamin Cardozo: Personal Values and the Judicial
Process by Richard Polenberg
Clyde Spillenger
66 U Chi L Rev 507 (1999)
Cardozo is the culmination of forty years of work by the
author. It traces Benjamin Cardozo's career from his roots in New York's
Sephardic community, through his years at Columbia Law School, his tenure
on the Court of Appeals of New York, and finally his service on the
Supreme Court of the United States. The World of Benjamin Cardozo
analyzes its subject through some of his less famous cases, focusing
on areas such as family law, rape, and insanity. The reviewer argues
that Cardozo struggled to find a middle path between activism and resistance,
and that his contributions to contemporary legal doctrine are attenuated
at best. Nevertheless, Cardozo's record illustrates a problem that pervades
today's legal environment: even the appellate judge's view of the facts
underlying a particular case are skewed by her own life experiences.
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