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51 Rutgers L. Rev. 1 (1998-1999)
The Integrity of the Judiciary in Twentieth-Century New York

handle is hein.journals/rutlr51 and id is 13 raw text is: RUTGERS LAW REVIEW VOLUME 51 Fall 1998 NUMBER 1 THE INTEGRITY OF THE JUDICIARY IN TWENTIETH-CENTURY NEW YORK William E. Nelson* In this Article, Professor William E. Nelson examines efforts to preserve judicial integrity in twentieth-century New York. Professor Nelson observes that the pattern of jurisprudential development in New York is different from the pattern that prior historians, who have focused on academic writing and Supreme Court case law, have identified. He adds that the preservation of judicial integrity in New York has been accomplished mainly through means other than an adherence to precedent. The Article begins by examining the development of specific proce- dures, as well as changes in judicial attitudes towards both prece- dent and judicial ethics in New York. It continues by describing the failure of efforts to use the doctrine of precedent to preserve the integ- rity of the judiciary. More recently, efforts to police judges have taken the form of formalistic canons of ethics. Professor Nelson finds the use of such canons to preserve the integrity and freedom from bias of the bench has been as unsuccessful as classical legal theory's reliance on precedent. Nonetheless, the Article concludes that although judg- * Joel and Anne Ehrenkranz Professor of Law, New York University. A.B., Hamilton College, 1962; L.L.B., New York University, 1965; Ph.D., Harvard University, 1971. Helpful comments and criticisms were offered by Natalie Hull and by the members of the Legal History Colloquium at New York University, and the author is deeply grateful and indebted for this valuable assistance. Research support was provided by the Filomen D'Agostino and Max E. Greenberg Faculty Research Fund of New York University School of Law.