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2 Responses

  1. B Mannerheim says:

    I think that Cardozo is more difficult to categorize than just a realist. He signed on to the (in)famous Poel opinion and then there’s his opinion on Consideration in the Allegheny College case.

  2. Lawrence Cunningham says:

    B: I agree. For more on Cardozo’s jurisprudence, in contracts and in torts, which I describe as “thickly-textured doctrinalism,” readers might consult my articles:

    1. Cardozo and Posner: A Study in Contracts, 36 WILLIAM & MARY LAW REVIEW 1379-1466 (1995) and

    2. Traditional versus Economic Analysis: Evidence from Cardozo and Posner Torts Opinions, 62 FLORIDA LAW REVIEW 667-721 (2010)