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The central question of The Nature of the Judicial Process is how judges should decide cases. Cardozo's answer is that judges should do what they have always done in the Anglo-American legal tradition, namely, follow and apply the law in easy cases, and make new law in hard cases by balancing competing considerations, including the paramount value of social welfare.
Cardozo Law Review was established in 1979, the first year of the School of Law's existence. [43] The journal was cited 75 times in court cases in 2017–2021, making it fourth most-cited among American law journals (after Harvard Law Review, California Law Review, and Yale Law Review). [44]
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Ultramares Corporation v. Touche, 174 N.E. 441 (1932) is a US tort law case regarding negligent misstatement, decided by Cardozo, C.J. It contained the now famous line on "floodgates" that the law should not admit "to a liability in an indeterminate amount for an indeterminate time to an indeterminate class."
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928), is a leading case in American tort law on the question of liability to an unforeseeable plaintiff.The case was heard by the New York Court of Appeals, the highest state court in New York; its opinion was written by Chief Judge Benjamin Cardozo, a leading figure in the development of American common law and later a United ...
Law and Literature, formerly Cardozo Studies in Law and Literature, is a law journal of the Cardozo Law School founded in 1988. [1] The managing editor is Professor Peter Goodrich . First published in 1989 as a biannual titled Cardozo Studies in Law and Literature , [ 2 ] with its first issue devoted to Herman Melville 's Billy Budd, Sailor ...
This doctrine was originally promulgated by Benjamin N. Cardozo in the 1921 case, Wagner v. Int'l Ry. Co. [ 2 ] There, writing for the Court of Appeals of New York (which is the supreme court of that state), Cardozo stated: "Danger invites rescue.
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