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Article: Chi lascia la via vecchia per la nuova sa quel che perde e non sa quel che trova: the Italian-American experience and its influence on the judicial philosophies of Justice Antonin Scalia, Judge Joseph Bellacosa, and Judge Vito Titone.(State Constitutional Commentary: An Interdisciplinary Examination of State Courts, State Constitutional Law, and State Constitutional Adjudication)
- Article from:
- Albany Law Review
- Article date:
- August 6, 1997
- Author:
CopyrightCOPYRIGHT 1997 Albany Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. Introduction
In trying to describe how judges decide cases, the renowned Supreme Court Justice and New York Chief Judge Benjamin Cardozo once observed, "[w]e may try to see things as objectively as we please. None the less [sic], we can never see them with any eyes except our own."(1) Cardozo explicitly recognized that other factors besides mechanical interpretation and application of the law are involved in judicial decision making.(2) A judge's background and upbringing often influence his(3) philosophy on deciding a particular case.(4) An individual's background consists of various elements, including religion, class, race, gender, and national origin. ...