The "ordered liberty" of substantive due process and the future of constitutional law as a rhetorical art: variations on a theme from Justice Cardozo in the United States Supreme Court.

Albany Law Review | September 22, 2007| | Copyright

I. INTRODUCTION

Few judges are as revered in American legal history as Benjamin Nathan Cardozo (1) (1870-1938). And few have had as influential an impact on the growth of American law as Justice Cardozo. (2) Both on the bench and in the lecture hall, he crafted an enduring legacy as a compelling practitioner of the creative possibilities present within the common law tradition. His long tenure on the New York Court of Appeals (1914-1932), leading it as Chief Judge for five years (1928-1932), (3) brought fame to the court. (4) His creative use of the common law in ...

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