Green and DiMuzio, ‘Cardozo and the Civil Jury’

… This article proceeds first to examine several of Cardozo’s torts opinions, some famous, some not, over the span of his career as a judge and Justice. All of the cases analyzed are cases that implicate the jury’s role in making factual determinations, and on appeal at least one issue involved the question of whether there was sufficient evidence (or allegations in the complaint) for the jury’s determination. This examination reveals what we believe is Cardozo’s cavalier approach to the jury’s role. In the process, Cardozo largely ignored the procedural posture of the case and the implications for how an appellate court should approach its role in the appeal. After canvassing those cases, the article turns to how other judges on the Court of Appeals treated these same matters in opinions they authored during the period that Cardozo served on the Court of Appeals. Finally, we assess internal Court of Appeals memoranda prepared by Cardozo for his fellow judges that recommended affirming cases without an opinion or denying a discretionary appeal …

Green, Michael D and DiMuzio, Ashley, Cardozo and the Civil Jury, Touro Law Review volume 34 no 1, Article 13 (2018).

First posted 2018-05-15 15:26:32

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