Monday, February 06, 2017

Lincoln and Transylvania

With February 12 approaching, IPBiz contemplates Lincoln as a lawyer. His path was influenced by John Todd Stuart, under whom Lincoln served in the Black Hawk war. It was Stuart who suggested Lincoln take up the study of law. Initially, Lincoln borrowed law books from Stuart for self-education in law and by 1837, Stuart took Lincoln as his junior partner but the partnership dissolved in 1841.

See Christopher A. Schnell, 36 N. Ky. L. Rev. 263 (2009)

Some of Lincoln's colleagues were trained at Transylvania University in Lexington, KY which was likely the closest site of formal legal training to Lincoln's location.

Of legal theory at Transylvania University:

Closer to the Hoffman model than either the Story or Butler model was the organization of the law school at Transylvania University in Lexington, Kentucky. n49 The law department at Transylvania was one of the earliest and most successful university affiliated law schools of the antebellum period. n50 Its faculty was drawn almost exclusively from the ranks of the South's most distinguished jurists, including Judges George Robertson and Daniel Mayes. n51 Both have left, in pamphlet form, introductory lectures outlining their theories of legal education and providing other views on the subject of the integration of theoretical and practical elements in the training of young lawyers. Robertson's lecture on the importance of the Constitution to the maintenance of a free society and of the importance of the law and lawyers in its preservation is of little interest for our present purposes. n52 Mayes' lecture, however, is another m atter.

Daniel Mayes' Introductory Lecture, presented at Transylvania in 1833, is one of the most comprehensive statements of legal educational philosophy to survive from the antebellum period. n53 Mayes begins his analysis by drawing an important distinction between the notion of the law as an art and as a science:

There are to be found in our profession, as in every other, many, who either have not learned, or having learned cease to remember, that there is a science of jurisprudence as well as an art of jurisprudence. Who standing in the same relation to law, that the cook does to chemistry, are actively engaged in practice during long lives, ignorant of the principles upon which there science is founded ... Just so it sometimes is in our profession ... He dreams not that there is any thing of science to be taught from what he has done, and laughs at the idea, that a sensible reason ought to be sought for in everything connected with the profession ... His students are engaged in reading, without comprehending, and impressing on the memory, without being instructed by adjudged cases, and forms of proceeding. n54

66 Temp. L. Rev. 123 (1993)

See also MARK L. JONES, 39 J. Marshall L. Rev. 1041 (2006)

Of the earliest law schools, from James P. White, 78 Marq. L. Rev. 371 (1995):

Indeed, the three earliest law schools, Yale, Harvard, and Transylvania, were, at the time of their creation, law schools of religiously affiliated colleges. In the latter part of the nineteenth century we saw a tremendous growth of American law schools.

Of evening law schools:

One of the earliest such law schools was Columbian College (now George Washington University), which opened its doors in 1865. n10 Next, Georgetown University (the first Jesuit law school) and National University opened in 1870, also in the District of Columbia, both as evening and early-morning law schools designed to provide a legal education to government workers. n11 The Iowa Law School, another very early example, opened its doors in Des Moines in 1866 as an independent evening law school granting a bachelor of law degree; it soon became part of the University of Iowa. n12 The various access missions also include that of Howard University, which began as an evening law school in 1868 for African American men and women. n13

from Joyce Sterling, Ronit Dinovitzer & Bryant Garth, 36 Sw. U. L. Rev. 389 (2007)

Of David Hoffman,

A scholarly and ambitious practitioner, n57 he received an appointment in 1814 as a Professor of Law at one of the nation's earliest law schools, the fledgling University of Maryland. n58

from Russell G. Pearce,
8 U Chi L Sch Roundtable 381 (2001)

**As to Transylvania University, YES, there was once a trademark issue. As Wikipedia notes:

In 1988, Transylvania University experienced an infringement on the institution's trademark when Hallmark Cards began selling Transylvania University T-shirts. The product, developed for the 1988 Halloween season, was intended to be a novelty item purporting to be college wear from the fictional Count Dracula's alma mater. When contacted by Transylvania University, Hallmark admitted that they were not aware of the Kentucky-based institution and recalled all unsold product immediately.

Wikipedia also notes of an earlier issue, during the time Transylvania University was known as "Kentucky University":

An institution that aided in the development of today's Transylvania University was Bacon College of Georgetown, named after Sir Francis Bacon, a school that would, for a brief time, be known as Kentucky University.
ransylvania's seminary eventually became a separate institution, but remained housed on the Kentucky University campus until 1950. It later changed its name to the Lexington Theological Seminary. In 1903, Hamilton College, a Lexington-based women's college founded in 1869, merged into Kentucky University.[10] Due to confusion between Kentucky University and its daughter institution, the University of Kentucky, the institution was renamed "Transylvania University," in 1908.


In New Jersey, there was a related problem, because "Princeton University" was once known as the College of New Jersey.
See the 1996 article in the New York Times:

**In a separate vein, recall Abraham Lincoln: Vampire Hunter , which included Rufus Sewell as vampire Adam.
Rufus Sewell played Dr. Hood in "Eleventh Hour," the subject of some posts on IPBiz.
For example:

"Eleventh Hour" depicts evil university/industry cabal in biotech


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