Page:The Green Bag (1889–1914), Volume 01.pdf/217

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192
The Green Bag.

years there has been a marked change of sentiment in England in the matter of legal education, and law has now gained a proper recognition in the English Universities.

If the United States are distinguished from England in the excellence of their law schools, it is nevertheless true that the American law school is comparatively a late development. The American lawyer, trained under the English system of jurisprudence and familiar with the English ideas as to legal education, for a long time thought that law could best be learned in a law office. The result was that medical and divinity schools both won their place before law schools were able to gain recognition. The medical profession were the first to establish professional schools in the United States, a school of medicine having been opened in Philadelphia in 1765, five others being established before 1800. While the first divinity school was not opened until 1804, by 1812 the leading denominations had established their distinctive theological seminaries. Although a law school was founded at Litchfield, Conn., in 1784, it existed as the solitary institution of its kind in the United States until 1817, when the Harvard Law School was established. And in 1859, when the Law Department of the University of Michigan was opened, there were few law schools in the United States, although to-day there are fifty such schools, located in different parts of the country. Under all the circumstances, therefore, the people of Michigan, in establishing thirty years ago a Law School as a State institution, are entitled to commendation. As a matter of fact, however, the Michigan Law School has not been a burden to the tax-payers of the State. It has not only paid its own way, but has actually made money for the State. And in this respect, at least, it has a record which no department connected with the University can approach.

The Faculty of the Law School, as originally constituted, and as it remained for many years, consisted of Thomas M. Cooley, James V. Campbell, and Charles I. Walker. Judge Cooley lived at Ann Arbor; the other gentlemen resided in Detroit, coming to Ann Arbor from time to time to deliver their lectures. The Faculty organized on Monday, Oct. 3, 1859, by electing Judge Campbell dean, and Mr. Cooley—for he had not at that time been advanced to the bench of the Supreme Court—Secretary of the Faculty. On the afternoon of that day Judge Campbell delivered the opening address in the Presbyterian Church, before the law class and the public generally, taking for his theme "The Study of the Law." At that time the Law School had no building of its own, and the regular lectures of the school were delivered in a room on the lower floor of what is now known as the north wing of University Hall. The first lecture to the law students as a body was delivered by Professor Walker on Tuesday, October 4, and his subject was "The Advantages to be expected from the Law School, and the Mode of Conducting it." This was followed on the next day by a lecture from him on the "Law of Personal Property;" and the work was fairly under way. Professor Cooley's first lecture was delivered on October 6, the subject being "The Origin of Title to Real Estate in America;" and Professor Campbell's on October 10, "The History of the Common Law as connected with the Equitable Jurisdiction." The first moot-court case was heard on October 13, Professor Cooley sitting as judge.

From the time the work of the school began (in 1859) to 1886, instruction was given to both classes in common, the Calendar of the University stating that "the course of instruction for the two terms has been carefully arranged with a view to enable students to enter profitably at any stage of their studies, and it is not important which course of lectures is first taken." And this, at the time it was adopted, was the course usually pursued in the law schools of the United States. But in 1886 the Faculty favored the adoption of a graded system of instruction; and as