Of the six children born to Albert and Rebecca Cardozo, only his twin sister Emily married, and she and her husband did not have any children. As far as is known, Benjamin Cardozo led a celibate life. The fact that Cardozo was unmarried and was personally tutored by the writer Horatio Alger (who had been accused of inappropriate sexual relations with young boys) has led some of Cardozo's biographers to insinuate that Cardozo was homosexual , but no real evidence exists to corroborate this possibility. Constitutional law scholar Jeffrey Rosen noted in a New York Times Book Review of Richard Polenberg 's book on Cardozo:
One of the most common causes of disruption is a variation or change order, coming from the employer, and amending what the contractor is required to do, or what the project is required to deliver. This can occur even after work has commenced. Variations can also occur as a result of the contractors themselves however. This frequently occurs during complex projects because of the excitement that certain solutions might generate within the contractor’s own staff. For example, when a complex problem gives rise to a novel or unique solution, not infrequently will a contractor approve such a solution even though it is more costly than the solution provided for in the original plans. It is also possible that the contractor and employer have interpreted the plans differently, and so the requirement changes when the contractor becomes aware of the discrepancy and changes the plan to meet the employers interpretation.