Thomas M. Cooley
Encyclopedia
Thomas McIntyre Cooley, LL.D., (January 6, 1824 – September 12, 1898) was the 25th Justice
and a Chief Justice
of the Michigan Supreme Court
, between 1864 and 1885. Born in Attica, New York
, he was father to Charles Cooley
, a distinguished American sociologist. He was a charter member, and first chairman, of the Interstate Commerce Commission
.
In 1877, Justice Cooley was appointed visiting faculty, by Sir William Osler
, to the Johns Hopkins University
. Cooley was appointed Dean
of the University of Michigan Law School
, a position he held until 1884.
Thomas M. Cooley Law School
of Lansing, Michigan
was named after Justice Cooley to recognize his contribution to American jurisprudence. Also, Cooley High School
in Detroit and Cooley Elementary School in Waterford, Michigan, are commemoratively named in Justice Cooley's honor.
Justice Cooley is recognized by the State Bar of Michigan
as a "Michigan Legal Milestone".
It is important to distinguish between Thomas M. Cooley and Aaron Cooley, the former being the subject of this article, and the latter being the Plaintiff
in the early Supreme Court of the United States case Cooley v. Board of Wardens of the Port of Philadelphia (also more simply known as Cooley v. Board of Wardens
), 53 U.S. 299 (1851).
.
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 tort law was published in Chicago by Callaghan and Company in 1907. A Students' Edition was edited by John Lewis, a legal scholar and contemporary of Cooley. Lewis also wrote A Treatise on the Law of Eminent Domain. As a collegial work, Cooley's treatise on torts made extensive use of citations to case law
.
in the United States of America. One edition of Cooley's treatise on the subject matter of Constitutional law was published in Boston by Little, Brown and Company in 1891. Edition of a Second Edition of the work was completed by a legal scholar and contemporary of Cooley's, Alexis C. Angell, in August, 1891.
of the United States Constitution
: “[i]n accordance with what is variously known as Conflict of Laws
, Comity
, or Private International Law, rights acquired under the laws or through the courts of one country may often receive recognition...in the courts of another country, and it is the purpose of [U.S. Const., Art. IV, Sec. 1] to guarantee that this shall be the case among the States in certain instances.” Corwin, or the editors of the 1978 Princeton University Press edition of The Constitution and What it Means Today thereinafter cited the Third Edition of Cooley's Principles of Constitutional Law.
of the United States Constitution (a clause contained within Amendment I), "[i]t [that Justice Story believed the United States Congress
was still free to prefer the Christian
religion over other religions, in contrast to modern Constitutional law and interpretation] is also supported by Cooley in his Principles of Constitutional Law, where it is said that the clause forbids 'the setting up of recognition of a state church of special favors and advantages which are denied to others.'" Constitutional law
scholars will recognize the legal contrarianism and antiquity of Corwin's opinion (and the support the citation of Cooley's support for it propounds) yet this position remains understandable considering the legal era of the context of Cooley's era of study and interpretation of the law.
, Corwin writes: [i]n about half of the State
constitutions, our State courts...[in reference to prevailing attitudes prior to the [American] Civil War
, gradually wrote into the common law
of the States the principle
of "qualified privilege
," which is a notification to plaintiffs in libel [law]suits
that if they are unlucky enough to be office holders or office seekers, they must be prepared to shoulder the almost impossible burden of showing defendant's “special malice”. Students of Constitutional law
and Tort law will note this additional aspect of modern libel law as applied to legal issues intersecting the comments and comportment of public figures.
, Cooley wrote
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
and a Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
, between 1864 and 1885. Born in Attica, New York
Attica, New York
Attica is the name of some places in the U.S. state of New York:*Attica , New York, in Wyoming County*Attica , New York, in Wyoming and Genesee Counties...
, he was father to Charles Cooley
Charles Cooley
Charles Horton Cooley was an American sociologist and the son of Thomas M. Cooley. He studied and went on to teach economics and sociology at the University of Michigan, and he was a founding member and the eighth president of the American Sociological Association...
, a distinguished American sociologist. He was a charter member, and first chairman, of the Interstate Commerce Commission
Interstate Commerce Commission
The Interstate Commerce Commission was a regulatory body in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads to ensure fair rates, to eliminate rate discrimination, and to regulate other aspects of common carriers, including...
.
In 1877, Justice Cooley was appointed visiting faculty, by Sir William Osler
William Osler
Sir William Osler, 1st Baronet was a physician. He was one of the "Big Four" founding professors at Johns Hopkins Hospital as the first Professor of Medicine and founder of the Medical Service there. Sir William Osler, 1st Baronet (July 12, 1849 – December 29, 1919) was a physician. He was...
, to the Johns Hopkins University
Johns Hopkins University
The Johns Hopkins University, commonly referred to as Johns Hopkins, JHU, or simply Hopkins, is a private research university based in Baltimore, Maryland, United States...
. Cooley was appointed Dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of the University of Michigan Law School
University of Michigan Law School
The University of Michigan Law School is the law school of the University of Michigan, in Ann Arbor. Founded in 1859, the school has an enrollment of about 1,200 students, most of whom are seeking Juris Doctor or Master of Laws degrees, although the school also offers a Doctor of Juridical...
, a position he held until 1884.
Thomas M. Cooley Law School
Thomas M. Cooley Law School
Thomas M. Cooley Law School is an American Bar Association accredited law school in the United States. Located in Michigan, its main campus is in Lansing, and its satellite campuses are in Ann Arbor, Auburn Hills, and Grand Rapids. Cooley plans on opening another satellite campus in Tampa Bay,...
of Lansing, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
was named after Justice Cooley to recognize his contribution to American jurisprudence. Also, Cooley High School
Cooley High School
Thomas M. Cooley High School is located at the intersection of Hubbell Avenue and Chalfonte Street, on the northwest side of Detroit, Michigan. The three-story, Mediterranean Revival-style facility opened its doors on September 4, 1928....
in Detroit and Cooley Elementary School in Waterford, Michigan, are commemoratively named in Justice Cooley's honor.
Justice Cooley is recognized by the State Bar of Michigan
State Bar of Michigan
The State Bar of Michigan is an organization of lawyers in the State of Michigan. Membership is mandatory for attorneys who practice law in the state of Michigan...
as a "Michigan Legal Milestone".
It is important to distinguish between Thomas M. Cooley and Aaron Cooley, the former being the subject of this article, and the latter being the Plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
in the early Supreme Court of the United States case Cooley v. Board of Wardens of the Port of Philadelphia (also more simply known as Cooley v. Board of Wardens
Cooley v. Board of Wardens
Cooley v. Board of Wardens, 53 U.S. 299 , was a case in which the United States Supreme Court held that a Pennsylvania law requiring all ships entering or leaving Philadelphia to hire a local pilot did not violate the Commerce Clause of the Constitution. Those who did not comply with the law had...
), 53 U.S. 299 (1851).
Academic Works and Treatises by Thomas M. Cooley
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 libraryLaw library
A law library is a library designed to assist law students, attorneys, judges, and their law clerks and anyone else who finds it necessary to correctly determine the state of the law....
.
A Treatise on the Law of Torts or the Wrongs Which Arise Independently of Contract
In 1878, Cooley completed and had published his treatiseLegal treatise
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates...
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 tort law was published in Chicago by Callaghan and Company in 1907. A Students' Edition was edited by John Lewis, a legal scholar and contemporary of Cooley. Lewis also wrote A Treatise on the Law of Eminent Domain. As a collegial work, Cooley's treatise on torts made extensive use of citations to case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
.
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 LawConstitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
in the United States of America. One edition of Cooley's treatise on the subject matter of Constitutional law was published in Boston by Little, Brown and Company in 1891. Edition of a Second Edition of the work was completed by a legal scholar and contemporary of Cooley's, Alexis C. Angell, in August, 1891.
Constitutional Limitations
Cooley also wrote the treatise Constitutional Limitations.Full Faith and Credit Clause of the United States Constitution
Renowned Constitutional law scholar Edward S. Corwin wrote of the extranational judicial recognition (and, of course, that under the United States) of the implementation of, or concurrence with, Article IV, within which is the Full Faith and Credit ClauseFull Faith and Credit Clause
The Full Faith and Credit Clause is the familiar name used to refer to Article IV, Section 1 of the United States Constitution, which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." According to...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
: “[i]n accordance with what is variously known as Conflict of Laws
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
, Comity
Comity
In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations , particularly by recognizing the validity and effect of their executive, legislative, and judicial acts...
, or Private International Law, rights acquired under the laws or through the courts of one country may often receive recognition...in the courts of another country, and it is the purpose of [U.S. Const., Art. IV, Sec. 1] to guarantee that this shall be the case among the States in certain instances.” Corwin, or the editors of the 1978 Princeton University Press edition of The Constitution and What it Means Today thereinafter cited the Third Edition of Cooley's Principles of Constitutional Law.
Establishment Clause of Amendment I of the United States Constitution
Corwin wrote, as to the Establishment Clause of the First AmendmentEstablishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
of the United States Constitution (a clause contained within Amendment I), "[i]t [that Justice Story believed the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
was still free to prefer the Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
religion over other religions, in contrast to modern Constitutional law and interpretation] is also supported by Cooley in his Principles of Constitutional Law, where it is said that the clause forbids 'the setting up of recognition of a state church of special favors and advantages which are denied to others.'" Constitutional law
United States constitutional law
United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution.- Introduction :United States constitutional law defines the scope and application of the terms of the Constitution...
scholars will recognize the legal contrarianism and antiquity of Corwin's opinion (and the support the citation of Cooley's support for it propounds) yet this position remains understandable considering the legal era of the context of Cooley's era of study and interpretation of the law.
The Development of Constitutional Law Jurisprudence as to Due Process of Law
“This assumption,” Robert G. McCloskey wrote as to the legal essentiality of the concept due process of law in The American Supreme Court, “was a product[,] no doubt[,] of many converging factors: the multiplication of ‘welfare state’ threats, the Macedonian cries of the business community and its legal and academic defenders, a growing awareness that an interpretation of due process[,] which seemed impossibly novel[—]and probably unnecessary a decade before[—]could be made acceptable by slow accretion[,] and might prove very useful in the cause of righteousness. As Waite wrote, the voices of two great contemporaries[,] Thomas M. Cooley and Stephen J. Field, must have been echoing in his mind. Cooley′s classic treatise[,] Constitutional Limitations, first published in 1868, had become a canonical text for jurists, and [Cooley’s] support of due process in its emerging form gave the stamp of scholarly approval to an interpretation that seemed ethically more and more imperative.”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. As to Amendment I, as to Freedom of the Press in the United StatesFreedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
, Corwin writes: [i]n about half of the State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
constitutions, our State courts...[in reference to prevailing attitudes prior to the [American] Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, gradually wrote into the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of the States the principle
Principle
A principle is a law or rule that has to be, or usually is to be followed, or can be desirably followed, or is an inevitable consequence of something, such as the laws observed in nature or the way that a system is constructed...
of "qualified privilege
Qualified privilege
The defense of qualified privilege permits persons in positions of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else...
," which is a notification to plaintiffs in libel [law]suits
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
that if they are unlucky enough to be office holders or office seekers, they must be prepared to shoulder the almost impossible burden of showing defendant's “special malice”. Students of Constitutional law
United States constitutional law
United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution.- Introduction :United States constitutional law defines the scope and application of the terms of the Constitution...
and Tort law will note this additional aspect of modern libel law as applied to legal issues intersecting the comments and comportment of public figures.
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 CorporationsMunicipal corporation
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
, Cooley wrote
Works Edited by Thomas M. Cooley
- Blackstone, William Commentaries on the laws of England: in four books, Volume 1, Callaghan and Company, Chicago, 1872, Volume 2, Callaghan and Company, Chicago, 1884.
- Story, JosephJoseph StoryJoseph Story was an American lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered today for his opinions in Martin v. Hunter's Lessee and The Amistad, along with his magisterial Commentaries on the Constitution of the United States, first...
, Commentaries on the Constitution of the United States Volume 1, Fourth Edition, Boston: Little, Brown, and Co., 1873 Volume 2 - http://books.google.com/books?id=_zo1Gg3fStYC&printsec=frontcover&dq=Thomas+M.+Cooley&source=bll&ots=-AArTx686d&sig=98zHJ98E7VmIKa9cS2ELcZpeXFw&hl=en&ei=6Ne8TJbDHcWeOpnrqZkN&sa=X&oi=book_result&ct=result&resnum=20&ved=0CGkQ6AEwEw#v=onepage&q=Thomas%20M.%20Cooley&f=falseCooley, 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.
- Story, JosephJoseph StoryJoseph Story was an American lawyer and jurist who served on the Supreme Court of the United States from 1811 to 1845. He is most remembered today for his opinions in Martin v. Hunter's Lessee and The Amistad, along with his magisterial Commentaries on the Constitution of the United States, first...
http://books.google.com/books?id=lsNg7kZw1-sC&printsec=frontcover&dq=Thomas+M.+Cooley&source=bll&ots=CgFwyduVU6&sig=4L_Kq7utBEV9UY10yxGqFLceJIk&hl=en&ei=6Ne8TJbDHcWeOpnrqZkN&sa=X&oi=book_result&ct=result&resnum=19&ved=0CGUQ6AEwEg#v=onepage&q&f=false(Mar 26, 2008) Commentaries on the Constitution of the United States: With a Preliminary Review of the of the Constitutional History of the Colonies and States Before the Adoption of the Constitution 4th Edition (2 volumes) (Mar 26, 2008) with Notes and Comentaries by Cooley, Thomas M. (Clark, New Jersey: The Lawbook Exchange)] ISBN 978-1-58477-878-3; ISBN 1-58477-878-4.
- Sir William Blackstone http://books.google.com/books?id=tP1BAAAAYAAJ&printsec=frontcover&dq=Thomas+M.+Cooley&source=bll&ots=f3Q5tqiYuw&sig=ejO0WHQSnl-3dBJVzGqS7x3aCjY&hl=en&ei=6Ne8TJbDHcWeOpnrqZkN&sa=X&oi=book_result&ct=result&resnum=21&ved=0CGwQ6AEwFA#v=onepage&q=Thomas%20M.%20Cooley&f=false; Thomas McIntyre Cooley, (1872) Commentaries on the laws of England: in four books (2nd Ed., revised & expanded) (Chicago: Callaghan & Co.)]
Cooley Doctrine
In a contrasting legal theorem to that of Dillon's Rule (which posits that towns and cities have no independent authority except as explicitly allowed under a State) the Cooley Doctrine proposed a legal theory of an inherent but constitutionally-permitted right to local self-determination. In a concurring opinion, Cooley, J., wrote “local government is [a] matter of absolute right; and the state cannot [as to the case referenced in the main opinion, People v. Hurlbut] take it away.”Case law featuring opinions prominently written by Justice Cooley
- The People ex rel the Detroit and Howell R.R. Co. v. the Township Board of SalemPeople v. SalemDetroit & Howell R Co v Salem Township Board, is a legal case in which the Michigan Supreme Court held that the Michigan State Constitution of 1850 prohibited the use of public money to finance a privately owned railroad....