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Thomas McIntyre Cooley 1824-1898


In the 74 years of his life, Michigan Supreme Court Justice Thomas M. Cooley compiled the most distinguished legal record of any man whose name has been associated with the jurisprudence of Michigan.

After a successful career as a city clerk, newspaper editor, and circuit court commissioner, Justice Cooley turned to the practice of law. He was appointed to compile the statutes of the state, a work that he completed in one year. The Compiled Laws of the State of Michigan: Published by Authority. Compiled and Arranged Under an Act of the Legislature, Approved February 2, 1857, KFM4230 1857 .A23, Strosacker Room. When this work was completed, he was appointed the official reporter for the Michigan Supreme Court. Justice Cooley was appointed to the high court in 1864.

 

Links to Historical Data His Works in the
Thomas. E. Brennan Law Library
Thomas M. Cooley receives Honorary Degree

Justice Cooley was one of the very first faculty members of the University of Michigan Law School when it opened in 1859. As a professor at the law school, he taught constitutional law, real property, trust, estates, and domestic property. Justice Cooley authored countless articles on legal subjects and wrote several full-length works on constitutional limitations, Blackstone's Commentaries, Story's Commentaries, and Torts. See, Commentaries on the Laws of England: In Four Books / by Sir William Blackstone ... together with a copious analysis of the contents; and notes with reference to English and American decisions and statutes to date which illustrate or change the law of the text; also, a full table of abbreviations, and some considerations regarding the study of law, KD660 .B52 1884, Rare Books.

His writings are still cited in court opinions, State ex rel. Pope v. Xantus Healthplan of Tennessee, No. M2000-00120-COA-R10-CV (Tenn. Ct. App. May 17, 2000) available at http://www.tsc.state.tn.us/opinions/tca/PDF/002/PopeAnneBC.pdf, and legal scholars continue to discuss his interpretations. Robert F. Williams, Interpreting State Constitutions, 2000 A.B.A. Appellate Judges Seminar, available at http://www-camlaw.rutgers.edu/faculty/occasional/4-williams.html. Two of his works, A Treatise on the Constitutional Limitations: Which Rest Upon the Legislative Power of the States of the American Union and The General Principles of Constitutional Law in the United States of America, are included in the Liberty Library of Constitutional Classics.

As a Michigan Supreme Court Justice, Cooley sat on the high court with Justices Campbell, Christiancy, and Graves. Today, these four men are remembered as the "Big Four" of Michigan law for their work in developing the foundation of Michigan jurisprudence. Justice Cooley's reputation soon spread to every state and federal court, and his opinions were widely cited. Justice Cooley wrote many of the opinions for the court including People ex rel. Sutherland v. Governor, 29 Mich. 320 (1874), which remains a benchmark in the separation of powers among the three branches of government.

Retiring from the Supreme Court in 1885, Justice Cooley was soon appointed receiver of the Wabash Railway. Shortly afterward, he was chosen to head the new federal Interstate Commerce Commission.

Small in stature, gentle and scholarly in demeanor, Thomas M. Cooley, in truth, was a giant among his fellows. He enjoyed universal respect and admiration in his lifetime. The judgment of posterity has made that verdict unanimous.

More Information on Thomas McIntyre Cooley

University of Michigan Bentley Historical Library - Faculty Papers

Michigan Supreme Court Historical Society

Michigan Historic Paintings

Address by Hon. Thomas M. Cooley on the Dedication of the Law Lecture Hall of Michigan University, Oct.1, 1863

Michigan Lawyers in History--Thomas McIntyre Cooley: Michigan's Most Influential Lawyer by William J. Fleener, Jr.

His Works in the Thomas E. Brennan Law Library

Constitutional History of the United States as Seen in the Development of American Law: A Course of Lectures Before the Political Science Association of the University of Michigan (1889)

  • KF4541.Z9 C59 1993, 2nd Floor

The Elements of Torts

  • KF1250 .C57 1895b, Lower Level

The General Principles of Constitutional Law in the United States of America

  • KF4550.Z9 C678 1880, Rare Books & 2nd Floor

Liability of Public Officers to Private Actions for Neglect of Official Duty

  • KF1306.A2 C6 1877, Rare Books

Michigan: A History of Governments (1885)

  • F566 .C77, Rare Books

Principles that Should Govern in the Framing of Tax Laws: A Paper Read Before the American Social Science Association at Cincinnati, April 22, 1878

  • KF6289.5 .C6 1878, Rare Books

A Treatise on the Constitutional Limitations: Which Rest Upon the Legislative Power of the States of the American Union

  • KF4600 .C6 1868b, 2nd Floor
  • KF4600 .C6 1878, 2nd Floor
  • KF4600 .C6 1883b, 2nd Floor
  • KF4600 .C6 1890, Rare Books

A Treatise on the Law of Taxation: Including the Law of Local Assessments

  • KF6289 .C6 1876, 2nd Floor
  • KF6289 .C6 1886, Rare Books

A Treatise on the Law of Torts or the Wrongs Which Arise Independent of Contract

  • KF1250 .C6 1879, Rare Books
  • KF1250 .C6 1880b, Lower Level
  • KF1250 .C6 1888, Rare Books

Thomas M. Cooley receives Honorary Degree at Swift Commencement September 18, 2004

Justice Thomas M. Cooley receives Honorary Degree

 

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