¹ Foreword, Pollard, Joseph P., Mr. Justice Cardozo: A Liberal Mind in Action (Yorktown Press, New York, 1935) 4–5.Google Scholar Three years later, Dean Pound included Cardozo in his list of the ten judges who must be ranked “First in American judicial history”. Pound, , The Formative Era of American Law (Boston, Little, Brown and Co., 1938) 30.Google Scholar

² (1938) 24 American Bar Association Journal 638.

³ The highest court in the State of New York, located in Albany.

⁴ Horatio Alger (1834–1899) graduated from the Harvard Divinity School and became a minister of the Unitarian Church in 1864. He resigned two years later and moved to New York City to write. There, his association with poor boys in the streets gave him the background for his books. His heroes rose from tattered poverty to riches and respectability. This “rags-to-riches” theme became a symbol and a myth. The imagination of many of the American youth of that period was fired by his books: Fame and Fortune; Ragged Dick; Luck and Pluck; Sink or Swim; From Canal Boy to President; Tattered Tom, and many others. In all these books the hero triumphed over poverty and adversity by courage and hard work.

⁵ Letter to Milton H. Thomas, curator of Columbiana, Columbia University, New York, March 26, 1936.

⁶ Cardozo, , Communism (unpublished thesis in the library of Columbia University, New York, 1889).Google Scholar

⁷ On January 23, 1932, the New York State Bar Association sent a telegram to President Hoover, which concluded with the following words: “In the conviction that the matter is too important to be affected by geographical considerations and that only the welfare of the nation should be considered, this association presents the name of the man recognized by the profession and the people alike as the most distinguished jurist of our age—Chief Judge Benjamin N. Cardozo of the Court of Appeals of the State of New York.”

⁸ Judge Cuthbert W. Pound at the close of the last consultation of the Judges of the New York Court of Appeals, March 3, 1932 (258 N.Y. VI).

⁹ Mr. Justice Felix Frankfurter in his Reminiscence (Recorded in Talks with Dr. Harlan B. Phillips, 1960, Reynal and Co., N.Y.) 101, introduces Mr. Justice McReynolds to his readers with the following description: “… Mr. Justice McReynolds was a strange creature,… was a hater. He had a very good head. He was also primitive. He had barbaric streaks in him. He was rude beyond words to that gentle, saintlike Cardozo. He had primitive anti-Semitism … Rude isn't the exact word. He was not rude really, but indifferent which is worse than being rude. He was handsome, able, and honest. I sort of respected him … I despise McReynolds, but respect him. I respected that he refused to sign a letter when Brandeis left the Court. There was the usual letter of farewell to a colleague, and he wouldn't sign it. I respected that, because he did not remotely feel what the letter expressed and I despise hypocrites even more than barbarians”. Frankfurter was appointed by President Roosevelt to the Supreme Court in June 1939 being “the only person fit to succeed Holmes and Cardozo” (ibid., p. 288).

¹⁰ Kassan, , “Louis Dembitz Brandeis—In Memoriam” (1971) 6 Is.L.R. 447 at 459.Google Scholar

¹¹ The Nature of the Judicial Process (1921); The Growth of the Law (1924); The Paradoxes of Legal Science (1928).

¹² Douglas, , An Almanac of Liberty (Doubleday, N.Y.) 104.Google Scholar

¹³ New Haven, Yale University Press; Geoffrey Cumberlege, London, Oxford University Press.

¹⁴ (1961) 61 Colum. L.R. 761 at 771–2.

¹⁵ New Haven, Yale University Press; Geoffrey Cumberlege, London, Oxford University Press.

¹⁶ The Growth of the Law 88.

¹⁷ Ibid., p. 89.

¹⁸ Columbia University Press, N.Y., 1928.

¹⁹ Harcourt, Brace and Co., New York, 1931.

²⁰ “Law and Literature”, “A Ministry of Justice”, “What Medicine Can Do For Law”, “The American Law Institute”, “The Home of the Law”, “The Game of the Law and its Prizes”, “The Comradeship of the Bar”.

²¹ “Law and Literature”, p. 10.

²² Ibid., pp. 20–1.

²³ Cardozo, , The Growth of the Law 89.Google Scholar

²⁴ Cardozo, , The Nature of the Judicial Process 157–8.Google Scholar

²⁵ 217 N.Y. 382, 111 N.E. 1050 (1916).

²⁶ (1868) L.R. 3, House of Lords, 330.

²⁷ 10 M. & W. 109 (Ex. 1842).

²⁸ Cardozo, , The Growth of the Law 41.Google Scholar

²⁹ (1932) A.C. 562.

³⁰ The decision was affirmatively reviewed by the Right Hon. Sir Frederic Pollock in (1933) 49 Law Quarterly Review 22.

³¹ 232 N. Y. 176, 133 N.E. 437 (1921).

³² (1935) 1 K.B. 146.

³³ 231 N.Y. 229, 232, 236; 131 N.E. 898 (1921).

³⁴ Pound, , Interpretations of Legal History (Cambridge University Press, 1923) 123.Google Scholar

³⁵ 248 N.Y. 339, 341, 342, 343, 346; 162 N.E. 99 (1928).

³⁶ Moran v. Standard Oil Co. 211 N.Y. 187, 197; 105 N.E. 217, 221 (1914).

³⁷ 222 N.Y. 88, 90; 118 N.E. 214 (1917).

³⁸ 221 N.Y. 431, 436, 438, 439; 117 N.E. 807 (1917).

³⁹ 230 N.Y. 239, 242, 244; 129 N.E. 889 (1921).

⁴⁰ 224 N.Y. 483, 489; 121 N.E. 378 (1918).

⁴¹ Cardozo, , The Nature of the Judicial Process 109–110.Google Scholar

⁴² Cardozo, , The Growth of the Law 96.Google Scholar

⁴³ Micah 6:8.

⁴⁴ 254 N.Y. 1, 5; 171 N.E. 884 (1930).

⁴⁵ Cardozo, , The Growth of the Law 66–67.Google Scholar

⁴⁶ Berakhot 1:7a.

⁴⁷ Cardozo, , The Growth of the Law 87.Google Scholar

⁴⁸ Liggett v. Lee, 288 U.S. 517 (1933).

⁴⁹ See Kassan, , “Louis Dembitz Brandeis—In Memoriam” (1971) 6 Is.L.R. 447, 453.Google Scholar

⁵⁰ Nixon v. Condon, 286 U.S. 72 (1932).

⁵¹ Nixon v. Hermdon, 273 U.S. 536 (1926).

⁵² Ibid.

⁵³ Hamilton v. Regents of the University of California, 293 U.S. 245, 265, 266 (1934) Cardozo concurring.

⁵⁴ Herndon v. Georgia, 295 U.S. 441 (1935).

⁵⁵ The opinion delivered by Mr. Justice Holmes for the unanimous court in Schenk v. United States in 1918 (249 U.S. 47) is often quoted in Free Speech cases: “… The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress (or the State) has a right to prevent. It is a question of proximity and degree”.

⁵⁶ Cardozo, , The Nature of the Judicial Process, 166–7.Google Scholar

⁵⁷ Isaiah 41:28–9.