Thomas M. Cooley
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Thomas McIntyre Cooley (January 6, 1824 – September 12, 1898) was the 25th
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
and a Chief Justice of the
Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the sta ...
, between 1864 and 1885. Born in
Attica, New York Attica is a town in Wyoming County, New York, United States. The population was 7,702 as of 2010. The Town of Attica is on the northern boundary of the county and contains part of a village also named Attica (the northern part of the village i ...
, he was father to
Charles Cooley Charles Horton Cooley (August 17, 1864 – May 7, 1929) was an American sociologist and the son of Michigan Supreme Court Judge Thomas M. Cooley. He studied and went on to teach economics and sociology at the University of Michigan, was a foundi ...
, a distinguished American sociologist. He was a charter member and first chairman of the Interstate Commerce Commission (1887). Cooley was appointed
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of the
University of Michigan Law School The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL ...
, a position he held until 1883. Thomas M. Cooley Law School of
Lansing Lansing () is the capital of the U.S. state of Michigan. It is mostly in Ingham County, although portions of the city extend west into Eaton County and north into Clinton County. The 2020 census placed the city's population at 112,644, makin ...
,
Michigan Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...
, founded 1972 and now affiliated with the
Western Michigan University Western Michigan University (Western Michigan, Western or WMU) is a public research university in Kalamazoo, Michigan. It was initially established as Western State Normal School in 1903 by Governor Aaron T. Bliss for the training of teachers ...
since 2014, was named after Justice Cooley to recognize his extensive contribution to American jurisprudence. Also,
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. The scho ...
in
Detroit Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at t ...
and Cooley Elementary School in
Waterford, Michigan Waterford Township is a charter township in the geographic center of Oakland County, Michigan, United States. In 2020, the population of Waterford Township was 70,565. Communities Waterford Township has five unincorporated communities: * Clin ...
are commemoratively named in Justice Cooley's honor. Justice Cooley is recognized by the State Bar of Michigan as a "Michigan Legal Milestone".


Early life and career

In 1824, Thomas Cooley was born in
Attica, New York Attica is a town in Wyoming County, New York, United States. The population was 7,702 as of 2010. The Town of Attica is on the northern boundary of the county and contains part of a village also named Attica (the northern part of the village i ...
, to farmers Thomas Cooley and Rachel Hubbard. He attended Attica Academy and took an interest in the law and literary pursuits. In 1842, he studied law under Theron Strong, who had just completed a term as a
U.S. Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...
for New York to the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
of the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
. The next year, he moved to Adrian, Michigan and continued to study law. By 1846, he was admitted to the Michigan bar and married Mary Horton. In addition to his small legal practice, Cooley was active in other intellectual and political pursuits. He wrote poems criticizing
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
and celebrating the European revolutions of 1848, edited pro-Democratic newspapers, and founded the Michigan branch of the
Free Soil Party The Free Soil Party was a short-lived coalition political party in the United States active from 1848 to 1854, when it merged into the Republican Party. The party was largely focused on the single issue of opposing the expansion of slavery int ...
in 1848. By 1856, he became a
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
. In the 1850s, he slowly built his professional reputation. He was compiler of Michigan statutes and a reporter for the
Michigan Supreme Court The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the sta ...
. In 1859 he moved to Ann Arbor, Michigan and became one of the
University of Michigan Law School The University of Michigan Law School (Michigan Law) is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL ...
's first professors. 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. in 1864, Cooley was elected to the Supreme Court of Michigan, and served as the chief justice for 20 years. Politically, he remained a Republican, and even considered running for Congress in 1872. However, he maintained a certain independence politically, and bolted from the Republican party as a
mugwump The Mugwumps were Republican political activists in the United States who were intensely opposed to political corruption. They were never formally organized. Typically they switched parties from the Republican Party by supporting Democratic ...
to support
Grover Cleveland Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American ...
in 1884, and later in 1894. This independence may have cost him an appointment to the US Supreme Court.History and Traditions: Thomas M Cooley
www.law.umich.edu Retrieved January 8, 2012.
However, he was rewarded politically when in 1887 when President Cleveland nominated him to the Interstate Commerce Commission, one of the first
independent agencies A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a government agency, government authority that is responsible for exercising autonomous dominion over some area of human activity in a licen ...
of the federal government. With Mary Horton he had six children, including
Charles Cooley Charles Horton Cooley (August 17, 1864 – May 7, 1929) was an American sociologist and the son of Michigan Supreme Court Judge Thomas M. Cooley. He studied and went on to teach economics and sociology at the University of Michigan, was a foundi ...
, a distinguished American sociologist, and
Thomas Benton Cooley Thomas Benton Cooley (June 23, 1871 – October 13, 1945) was an American pediatrician and hematologist and professor of hygiene and medicine at the University of Michigan and Wayne State University. He was the director of the Pasteur Institu ...
, a noted pediatrician.


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.


''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
tort law A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
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.


''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 Law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
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. A Second Edition of the work was completed by a legal scholar and contemporary of Cooley's, Alexis C. Angell, in August, 1891. A third edition was published in Boston by Little, Brown and Company in 1898.


''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. 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 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 Clause Article IV, Section 1 of the United States Constitution, the Full Faith and Credit Clause, addresses the duty that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." Acc ...
of the United States Constitution: " accordance with what is variously known as
Conflict of Laws Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad t ...
,
Comity In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the " mutual recognition of legislative, executive, and judicial acts." Etymology Comity derives from the La ...
, 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 .S. Const., Art. IV, Sec. 1to 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 Amendment In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
of the United States Constitution (a clause contained within Amendment I), " hat_Justice_Story_believed_the_United_States_Congress_ The_United_States_Congress_is_the_legislature_of_the_federal_government_of_the_United_States._It_is_bicameral,_composed_of_a_lower_body,_the__House_of_Representatives,_and_an_upper_body,_the_Senate._It_meets_in_the_U.S._Capitol_in__Washing_...
_was_still_free_to_prefer_the_Christianity.html" ;"title="Justice_Story.html" ;"title="hat Justice Story">hat Justice Story believed the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
was still free to prefer the Christianity">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.'"


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 €”nd probably unnecessary a decade before €”ould 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 Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an American jurist. He was an Associate Justice of the Supreme Court of the United States, Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897 ...
, 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 ooley'ssupport 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 States Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. History Thirteen Colonies In the Thirteen Colonies before the signing of the Declaration of Independence, the newspa ...
, Corwin writes: about half of the
State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
constitutions, our State
courts A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
... n_reference_to_prevailing_attitudes_prior_to_the_[AmericanAmerican_Civil_War.html" "title="merican.html" ;"title="n reference to prevailing attitudes prior to the [American">n reference to prevailing attitudes prior to the [AmericanAmerican Civil War">Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
, gradually wrote into the common law of the States the principle of "qualified privilege," which is a notification to plaintiffs in libel Lawsuit, [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 Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
and
Tort law A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
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 corporation A municipal corporation is the legal term for a local governing body, including (but not necessarily limited to) cities, counties, towns, townships, charter townships, villages, and boroughs. The term can also be used to describe municipally ...
s, Cooley wrote:


Works edited

*
Sir William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the '' Commentaries on the Laws of England''. Born into a middle-class family ...

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., 187
Volume 2Cooley, 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 Little, Brown and Company is an American publishing company founded in 1837 by Charles Coffin Little and James Brown in Boston. For close to two centuries it has published fiction and nonfiction by American authors. Early lists featured Emily ...
& Co. * Story, Josephbr>(Mar 26, 2008) ''Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States Before the Adoption of the Constitution 4th Edition'' (2 volumes) (March 26, 2008) with Notes and Commentaries by Cooley, Thomas M. (Clark, New Jersey: The Lawbook Exchange)
; . *
Sir William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the '' Commentaries on the Laws of England''. Born into a middle-class family ...
br>; 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 John Forrest Dillon (December 25, 1831 – May 6, 1914) was an attorney in Iowa and New York, a justice of the Iowa Supreme Court and a United States circuit judge of the United States Circuit Court for the Eighth Circuit. He authored a highly ...
(which posits that towns and cities have no ''independent'' authority except as explicitly or implicitly granted by a state legislature) 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 matter of absolute right; and the state cannot s to the case referenced in the main opinion, ''People v. Hurlbut''take it away."''People v. Hurlbut'', 24 Mich. 44, 108 (1871).


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 Salem''


See also

*
List of Johns Hopkins University people This is a list of people affiliated with Johns Hopkins University, an American university located in Baltimore, Maryland. Notable alumni Nobel laureates Academia, science, medicine and technology Athletics Business Gov ...


Notes and references


Sources


Michigan Supreme Court Historical Society: Thomas McIntyre CooleyUniversity 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).
{{DEFAULTSORT:Cooley, Thomas Mcintyre 1824 births 1898 deaths American legal scholars Chief Justices of the Michigan Supreme Court Deans of law schools in the United States Legal history of Michigan People from Attica, New York People of the Interstate Commerce Commission American scholars of constitutional law Deans of University of Michigan Law School University of Michigan Law School faculty 19th-century American judges Justices of the Michigan Supreme Court Presidents of the American Bar Association