Luke Bierman

Document Type



This article is meant as a contribution to the expansion of our thinking about state constitutional decision-making. Rather than focus on simply on doctrinal analysis of how state high court judges approach and interpret state constitutions, this article examines state court decision-making from the perspectives offered by the rich literature of judicial voting behavior. Specifically this article considers how the judges of the New York Court of Appeals exercise their individual prerogatives in resolving cases. By looking at voting preferences, patterns, and alignments in different categories of cases, including state constitutional cases, one can identify the influences and motivations affecting voting behavior. From this examination, a broader understanding of the dynamics involved in decision-making under the so-called "New Judicial Federalism" is possible.

Date of Authorship for this Version



state laws, state constitutions

Original Citation

Originally published in Temple Law Review, Vol. 68, pp. 1403-1456, 1995.