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Cardozo's Living Constitutionalism in Comparative Context
Meyler, Bernadette Setzer, Elliot
Meyler, Bernadette
Setzer, Elliot
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Abstract
Although he served as an Associate Justice on the United States Supreme Court from 1932-1938, the source of Benjamin Cardozo's preeminence has generally been his contributions to common law jurisprudence and his theories of common law judging. This essay argues that several of Cardozo's unpublished writings suggest he also developed a significant constitutional theory in dialogue with continental-and particularly French-legal thinkers.