The History of Michigan Law

Front Cover
Paul Finkelman, Martin J. Hershock
Ohio University Press, 2006 - 290 pages
The 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.
 

Contents

INTRODUCTION
1
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
THE PROMISE OF EQUALITY AND THE LIMITS OF LAW
187
METHODS OF MYSTICISM AND THE INDUSTRIAL ORDER
214
THE MICHIGAN WOMENS COMMISSION AND THE STRUGGLE AGAINST SEX DISCRIMINATION IN THE 1970S
238
LEGAL EDUCATION IN MICHIGAN
256
CONTRIBUTORS
277
INDEX
281
Copyright

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About the author (2006)

Paul Finkelman is an expert on constitutional history, the law of slavery, and the American Civil War. He coedits the Ohio University Press series New Approaches to Midwestern Studies and is the president of Gratz College. Martin Hershock is an associate professor of history at the University of Michigan-Dearborn. He is the author of The Paradox of Progress: Economic Change, Individual Enterprise, and Political Culture in Michigan, 1837-1878 (Ohio, 2003).

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