Today in Supreme Court History: May 24, 1870

5/24/1870: Justice Benjamin Cardozo's birthday.

Justice Benjamin Cardozo

Comments

[David Welker]

In addition to his work on the Supreme Court, Cardozo is also known for his contributions to tort law.

That said, I think Palsgraf is overhyped.

https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3990&context=ylj

[Dan Schiavetta]

Palsgraf confuses 1L’s and should not be taught so early.

If anything, it’s the Andrews dissent that I would teach. Not only is it better written, it reflects how the law actually developed.

[Dilan Esper]

MacPherson v. Buick is probably Cardozo's best NYCOA opinion. It started the ball rolling on modern products liability law.

[David Welker]

I like Wagner v. International Railway better:

"Danger invites rescue."

Very pithy.

[Dilan Esper]

That one's good too!

[Dan Schiavetta]

Cardozo was adept at finding rationales to support morally correct decisions.

See Gilmore, “The Death of Contract”, for an analysis of how Cardozo “spun webs of consideration” to support breach of contract decisions.

[Dan Schiavetta]

Palsgraf confuses 1L’s and should not be taught so early.

If anything, it’s the Andrews dissent that I would teach. Not only is it better written, it reflects how the law actually developed.