Mark P. Gergen, Common Law Judicial Decision Making: The Case of the New York Court of Appeals 1900-1941, 60 Buff. L. Rev. 897 (2012)
The article discusses common law judicial decision making by the New York Court of Appeals (NYCOA) between 1900 and 1941, focusing on the court's policy towards fairness in cases involving subjects such tort law, contract law, and constitutional law. The judicial acumen of former NYCOA justice such as Benjamin Cardozo is also addressed, along with an analysis of statistical data related to alleged patterned voting by justices.