The History of Michigan LawThe History of Michigan Law offers the first serious survey of Michigan's rich legal past. Michigan was among the first states to admit African-Americans and women to its law schools and was the first governmental entity to abolish the death penalty. Additionally, the state, unlike its midwestern neighbors, did not enact racial exclusion laws in the post-Civil War era. Michigan has also played a leading role in developing modern rape laws, in protecting the environment, and in assuring the right to counsel for those accused of crimes. The story of Michigan's legal development includes high profile cases such as the Dr. Ossian Sweet murder trial, the cross-district busing case Milliken v. Bradley, and the affirmative action cases brought against the University of Michigan Law School.The History of Michigan Law documents and analyzes, as well, Michigan legal develpments in environmental history, civil rights, and women's history. This book will serve as the entry point for all future studies that involve the law in Michigan. With 2005 marking the bicentennial of the establishment of the Michigan Supreme Court, as well as the bicentennial of the creation of the Michigan Territory, The History of Michigan Law has appeal beyond the legal community to scholars and students of American history. ABOUT THE EDITORS---Martin Hershock is an associate professor of history at the University of Michigan-Dearborn. He is author of The Paradox of Progress: Economic Change, Individual Enterprise and Political Culture in Michigan, 1837-1878 (Ohio, 2003) Paul Finkelman is Chapman Distinguished Professor of Law at the University of Tulsa College of Law. He is the author of many articles and books, including His Soul Goes Marching On: Responses to John Brown and the Harpers Ferry Raid and the Library of Congress Civil War Desk Reference. |
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Contents
THE NORTHWEST ORDINANCE AND MICHIGANS TERRITORIAL HERITAGE | 13 |
BLOOD ON THE TRACKS | 37 |
AN OCCASIONALLY DRY STATE SURROUNDED BY WATER | 61 |
A BEACON OF LIBERTY ON THE GREAT LAKES | 83 |
DEFERENCE TO DEMOCRACY | 108 |
THE FOUR MICHIGAN CONSTITUTIONS | 126 |
RUIN AND RECOVERY | 148 |
170 YEARS OF A BALANCING ACT | 167 |
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1850 constitution 1963 constitution African American amended Ann Arbor antebellum apportionment black suffrage citizens civil rights codified conflict const Cooley Cooley’s criminal decision Democratic Detroit Free Press different discrimination effect efforts elected employers equal federal first five fugitive slaves governor Ibid influence interracial issue Jackson Jackson County January Journal judges Justice labor injunctions land Lansing Law Review law school lawyers legislative legislature Liberty liquor Maine Law Michi Michigan Central Michigan constitution Michigan History Michigan Law Michigan Supreme Court Michigan Territory Michigan Women’s Commission MWC Records Northwest Ordinance offered office officers officials Ohio organization political population prohibition protect provisions racial Railroad reflected reform Republican residents Senate significant Slavcheff slavery Solomon Sibley state’s statute temperance territory tion U.S. Supreme Court Underground Railroad unions University of Detroit University of Michigan University Press vote voters Wayne County Whig William women Woodward workers
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Page 1 - The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.