Thomas M. Cooley
Thomas McIntyre Cooley | |
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Thomas McIntyre Cooley (January 6, 1824 – September 12, 1898) was an American judge. He was the 25th
Cooley was appointed Dean of the University of Michigan Law School, a position he held until 1883.
Justice Cooley is recognized by the State Bar of Michigan as a "Michigan Legal Milestone".[1]
Early life and career
In 1824, Thomas Cooley was born in
In addition to his small legal practice, Cooley was active in other intellectual and political pursuits. He wrote poems criticizing slavery and celebrating the European revolutions of 1848, edited pro-Democratic newspapers, and founded the Michigan branch of the Free Soil Party in 1848.[2] By 1856, he became a Republican. In the 1850s, he slowly built his professional reputation. He was compiler of Michigan statutes and a reporter for the Michigan Supreme Court. In 1859 he moved to Ann Arbor, Michigan and became one of the University of Michigan Law School's first professors.[2] He would go on to play a major role in the development of the university and the Law School, serving on faculty until 1884, including a long stint as the law school's dean from 1871 until 1883.[3]
in 1864, Cooley was elected to the Supreme Court of Michigan, and served as the chief justice for 20 years.
With Mary Horton he had six children, including
Academic works and treatises
Many of the original tomes memorializing and comprising Cooley's scholarly works are preserved and on display in the Thomas M. Cooley Law School Strosacker Law Library.[6][7]
A Treatise on the Law of Torts or the Wrongs Which Arise Independently of Contract
In 1878, Cooley completed and published his work A Treatise on the Law of Torts or the Wrongs Which Arise Independently of Contract. One edition of Cooley's treatise on the subject matter of
The General Principles of Constitutional Law in the United States of America
Completed in March, 1880, while Dean of the University of Michigan, Cooley had published his treatise The General Principles of
Constitutional Limitations
In 1868 Cooley published A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union, in which he analysed the creation of state constitutions and the enactment of laws. It was probably the best-known legal treatise of its time.[8] By 1890, the sixth edition was printed.
Collegial citation of Thomas M. Cooley's theories of law
Full faith and credit clause of the United States Constitution
Renowned constitutional law scholar
Establishment clause of Amendment I of the United States Constitution
Corwin wrote, as to the
Development of constitutional law jurisprudence as to due process of law
"This assumption,"
Amendment I of the United States Constitution and freedom of the press in the United States
Corwin, or the editors of the 1978 Princeton University Press edition of The Constitution and What it Means Today, also cited Cooley in Constitutional Limitations.
Cooley and The General Principles of Constitutional Law in the United States of America on municipal corporations
Within his treatise The General Principles of Constitutional Law in the United States of America, on the subject of municipal corporations, Cooley wrote:
It is axiomatic that the management of purely local affairs belongs to the people concerned, not only because of being their own affairs, but because they will best understand, and be most competent to manage them. The continued and permanent existence of local government is, therefore, assumed in all the state constitutions, and is a matter of constitutional right, even when not in terms expressly provided for. It would not be competent to dispense with it by statute.[14]
Works edited
- Sir William Blackstone Commentaries on the laws of England: in four books, Volume 1, Callaghan and Company, Chicago, 1872, Volume 2, Callaghan and Company, Chicago, 1884.
- Story, Joseph, Commentaries on the Constitution of the United States Volume 1, Fourth Edition, Boston: Little, Brown, and Co., 1873 Volume 2
- Cooley, Thomas M. (1878) A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union, 4th Ed. Boston: Little Brown& Co.
- ISBN 1-58477-878-4.
- )
Cooley Doctrine
[15] In a contrasting legal theorem to that of
Case law featuring opinions prominently written by Justice Cooley
See also
Notes and references
- ^ Michigan Legal Milestones. Archived 2009-01-14 at the Wayback Machine
- ^ a b c d e f g "History and Traditions: Thomas M Cooley" www.law.umich.edu Retrieved January 8, 2012.
- ^ "List of Law School Deans" www.law.umich.edu Retrieved January 8, 2012.
- OCLC 1595776.
- OCLC 14448549.
- ^ "Thomas e. Brennan Law Library - Thomas M. Cooley Law School". Archived from the original on December 15, 2010. Retrieved July 18, 2010.
- ^ "Lansing Campus Unveils Library Expansion | Thomas M. Cooley Law School". www.cooley.edu. Archived from the original on May 27, 2010.
- ^ Pallamary, Michael J. (August 15, 2015). "Revisiting Cooley". The American Surveyor. Frederick, Maryland.
- letters rogatory.
- ^ Edward S. Corwin, The Constitution and What it Means Today, 14th Ed., 1978, Harold W. Chase and Craig R. Ducat, Eds., at p. 286. citing Thomas M. Cooley, The General Principles of Constitutional Law in the United States of America
- ^ Edward S. Corwin, The Constitution and What it Means Today, 14th Ed., 1978, Harold W. Chase and Craig R. Ducat, Eds., at p. 246, n.1.
- ^ Robert G. McCloskey, The American Supreme Court, 3d Ed., in The Chicago History of American Civilization, Daniel J. Boorstin, Ed., University of Chicago Press, 2000.
- ^ Thomas M. Cooley, Constitutional Limitations, Chapt. 12.
- ^ People v. Lynch, 51 Cal. 15 (emphasis added).
- ^ This doctrine should not be confused with the now-abrogated "Cooley Doctrine" arising from Cooley v. Board of Wardens of the Port of Philadelphia, 53 U.S. 299 (1851).
- ^ People v. Hurlbut, 24 Mich. 44, 108 (1871).
Sources
- Michigan Supreme Court Historical Society: Thomas McIntyre Cooley
- University of Michigan Law School: History and Traditions: Thomas M. Cooley
- Carrington, Paul D. "The Constitutional Law Scholarship of Thomas McIntyre Cooley" 41 Am. J. Legal Hist. 368 (1997).
- Jones, Alan. "Thomas M. Cooley and the Michigan Supreme Court: 1865–1885", 10 Am. J. Legal Hist. 97 (1966).
- Knowlton, Jerome C. "Thomas McInture Cooley", 5 Mich. L. Rev. 309 (1906–1907).