Samuel Mandelbaum
Encyclopedia
Samuel Mandelbaum was a New York
lawyer
and politician
who served for ten years as a federal district judge.
Mandelbaum was born in Russia
; his family immigrated to the United States several years later. Mandelbaum grew up in the Lower East Side
neighborhood of Manhattan
, where he became interested in law and politics. He attended the New York University School of Law
, obtaining an LL.B. degree in 1912 and an LL.M. in 1913.
Mandelbaum worked as a lawyer in private practice from 1912 to 1922, practicing primarily in local courts, where he handled personal-injury and criminal cases. In 1922, he was elected as a Democrat
to the New York State Assembly
. After serving in the Assembly from 1923 to 1932, he was elected to the New York State Senate
, serving there until 1936. During much of this time, Franklin D. Roosevelt
was Governor of New York
and Mandelbaum was one of his advisors as a member of the so-called "turkey cabinet."
In 1936, Roosevelt, then President
, nominated Mandelbaum as a judge of the United States District Court for the Southern District of New York
. Mandelbaum's appointment was controversial and he was opposed by several bar association
s on the ground that he had no experience of any kind in federal court. In fact, according to sources such as long-time New York lawyer Milton Gould and Professor Irving Younger, when Mandelbaum requested (possibly through Eleanor Roosevelt
) that Roosevelt appoint him to a judgeship, he expected to be named to a local Magistrate's Court and was surprised to learn that Roosevelt, no longer being Governor or active in politics in the state
of New York, could not appoint local judges and was instead nominating him for the federal bench.
Despite the controversy, Mandelbaum was quickly confirmed and took the bench in June 1936. He was reportedly a judge who did his best to rule on the side of the underdog and was known for his leniency in criminal cases.
Mandelbaum today is best remembered as the trial judge in the case of Erie Railroad v. Tompkins, in which the Supreme Court
overruled its venable precedent of Swift v. Tyson
and held that federal courts must apply the state law of the forum state in diversity cases. In the proceedings before Mandelbaum, Erie was a routine personal injury case and there was little intimation that the case would have a historic future. In the United States Reports volume containing the Supreme Court's Erie decision, found in his chambers after his death, Mandelbaum had written, "Because the Swift Tyson case although before this case I never knew of its existence to be truthful and for the confusion this decision brought about, it might have been better to leave it alone and stand by good old Swifty."
Mandelbaum died in New York in 1946.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
who served for ten years as a federal district judge.
Mandelbaum was born in Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
; his family immigrated to the United States several years later. Mandelbaum grew up in the Lower East Side
Lower East Side
The Lower East Side, LES, is a neighborhood in the southeastern part of the New York City borough of Manhattan. It is roughly bounded by Allen Street, East Houston Street, Essex Street, Canal Street, Eldridge Street, East Broadway, and Grand Street....
neighborhood of Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
, where he became interested in law and politics. He attended the New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
, obtaining an LL.B. degree in 1912 and an LL.M. in 1913.
Mandelbaum worked as a lawyer in private practice from 1912 to 1922, practicing primarily in local courts, where he handled personal-injury and criminal cases. In 1922, he was elected as a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
to the New York State Assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
. After serving in the Assembly from 1923 to 1932, he was elected to the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
, serving there until 1936. During much of this time, Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
was Governor of New York
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
and Mandelbaum was one of his advisors as a member of the so-called "turkey cabinet."
In 1936, Roosevelt, then President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, nominated Mandelbaum as a judge of the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
. Mandelbaum's appointment was controversial and he was opposed by several bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
s on the ground that he had no experience of any kind in federal court. In fact, according to sources such as long-time New York lawyer Milton Gould and Professor Irving Younger, when Mandelbaum requested (possibly through Eleanor Roosevelt
Eleanor Roosevelt
Anna Eleanor Roosevelt was the First Lady of the United States from 1933 to 1945. She supported the New Deal policies of her husband, distant cousin Franklin Delano Roosevelt, and became an advocate for civil rights. After her husband's death in 1945, Roosevelt continued to be an international...
) that Roosevelt appoint him to a judgeship, he expected to be named to a local Magistrate's Court and was surprised to learn that Roosevelt, no longer being Governor or active in politics in the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of New York, could not appoint local judges and was instead nominating him for the federal bench.
Despite the controversy, Mandelbaum was quickly confirmed and took the bench in June 1936. He was reportedly a judge who did his best to rule on the side of the underdog and was known for his leniency in criminal cases.
Mandelbaum today is best remembered as the trial judge in the case of Erie Railroad v. Tompkins, in which the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
overruled its venable precedent of Swift v. Tyson
Swift v. Tyson
Swift v. Tyson, , was a case brought in diversity in the Circuit Court for the Southern District of New York on a bill of Exchange accepted in New York in which the Supreme Court of the United States determined that United States federal courts hearing cases brought under their diversity...
and held that federal courts must apply the state law of the forum state in diversity cases. In the proceedings before Mandelbaum, Erie was a routine personal injury case and there was little intimation that the case would have a historic future. In the United States Reports volume containing the Supreme Court's Erie decision, found in his chambers after his death, Mandelbaum had written, "Because the Swift Tyson case although before this case I never knew of its existence to be truthful and for the confusion this decision brought about, it might have been better to leave it alone and stand by good old Swifty."
Mandelbaum died in New York in 1946.