A Short History of the School of Law
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A Short History of the School of Law by Joseph W. McKnight Professor of Low Introduction - In the fall of 1978 sociation, the State Bar of Texas, Faculty minutes of those early Southern Methodist University will and SMU, the representatives of the days are replete with instances of embark upon its sixty-fourth groups concerned agreed that the the serious concern for scholarship academic year, and the School of University would operate an even and the quality of professional train Law will begin its fifty-fourth. The ing division on the campus and that ing. In this regard what now may School of Law was established by all unapproved law schools would seem an amusing incident is re resolution of the University's Board cease operation. By the time of the corded in the minutes of November of Trustees in February 1925 and scheduled amalgamation only one 2, 1931, in which the Law Students was essentially the realization of the such school remained, the Dallas Association, represented by four vision of Judge Joseph E. Cockrell, School of Law, which met in the students who went on to become who served as Chairman of the YMCA. It was merged with the distinguished members of the bench Board of Trustees of the University SMU School of Law in 1938 with and bar, formally apologized to the in 1925 and was a past-President of the understanding that classes faculty for their unprofessional the Dallas Bar Association. Judge would continue to be held at the conduct in declaring a holiday on Cockrell convinced the Board that YMCA for two years; and after that Saturday, October 31, 1931, begin no university could attain first rank period, all classes would be held on ning at eleven o'clock and extend without a school of law. the SMU campus. Phasing out of ing through the balance of the day in The Formative Years - When these substandard schools resulted anticipation of the SMU-Texas the first law school class enrolled in in a marked upgrading of the quality football game (N. B. - Classes were the fall of 1925, Judge Cockrell was of legal education in Dallas, for at then held on Saturday until I :00 serving as Chairman of the Faculty SMU the same standards were p.m. - the game results were and continued in this role until maintained for day and evening stu SMU-9; Texas-7). Charles Shirley Potts assumed the dents and both divisions were Following the Depression came deanship in 1927. Much of the work taught by full-time faculty. the onset of World War II, and again of organization of the school was Potts's deanship was a period of the School of Law was dealt a se accomplished by William Alexan establishing a new and struggling vere blow. Although Potts was 70 in der Rhea, who was the first Profes law school. Budgets were tight dur 1942, he agreed to stay on for the sor of Law, having come· to SMU ing the Great Depression, and stu difficult years of the war while from the faculty of the University of dents were hard pressed to afford awaiting the appointment of his Texas. even $50 a semester for tuition. successor. Enrollment dropped to By 1927 the school had a com Many students were in arrears with thirty-five students; yet the school plete three-year course of study and their tuition, and grades had to be was maintained intact and was pre was put on the approved list of the withheld and registration for the pared for the deluge of applicants at American Bar Association; and two next semester prohibited until tu the war's end. years later, it was admitted to mem ition was paid. Dean Potts, without The Law Quadrangle Begun -A bership in the Association of the knowledge of the students af new era for the School of Law came American Law Schools. fected, frequently acted as surety with the succession of Robert G. Potts was dean from 1927 to 1947. for loans to enable students to con Storey to the deanship in 1947. The During the early years of his dean tinue their legal education. School had been housed originally ship he worked to effect an orderly Despite these difficulties the on the third floor of the east wing of phasing out of various proprietary Dean and faculty were dedicated to Dallas Hall and later on the ground and unapproved law schools in Dal maintaining from the outset the in floor and part of the first floor. Mr. las. A leader in these developments tegrity and quality of education. In Storey envisioned a truly great was Robert G. Storey, who in 1937 deed, the magnificent library collec school with fine buildings of its own. had been elected Chairman of the tion which the School of Law has The Southwestern Legal Founda Committee on Legal Education of today is attributable to the unstint tion was organized in 1947 as a the American Bar Association. ing devotion to the development of means of sponsoring the develop After extensive negotiations be an excellent library from the very ment of a major legal center. A tween the ABA, the Dallas Bar As- beginning. building campaign was undertaken 4 with the splendid cooperation of the terns. Many graduates of these Finally, on vote of the faculty. it lawyers and businessmen of Dallas. programs have returned to their na was gradually phased out by 1969. By 1951 two new buildings were tive countries to work in the im At the same time a large number of completed - Storey Hall, housing provement of legal education and practitioners were attracted to library, faculty and administration, the administration of justice. They teach courses in specialized areas as and Lawyers Inn, a residence hall are a credit to the United States, to a means of significantly enriching for law students. In addition, Kirby Dallas, and to SMU. the curriculum for the day division. Halt, which had formerly housed The School ofLaw-Southwestern A chapter of the Order of the Coif the School of Theology, was refur Legal Foundation differences - was installed in 1967. Furthermore, bished as a law classroom building Dean Storey also served in the in that year the Southwestern Law and renamed Florence Hall. capacity of President of the South Journal reinstituted its annual sur An impressive dedication cere western Legal Foundation. With re vey of Texas law, a valuable service mony was staged in the spring of spect to relationships both internal to the bench and bar. In 1968 the 1951 and featured Dean Arthur T. to the University and with the pub prestigious Hatton W. Sumners Vanderbilt of the New York Uni lic at large, the identities of the Scholarship program was begun. versity School of Law and many School of Law and the Foundation Each year five to seven outstanding distinguished representatives from were blurred because Dean Storey scholars are selected by the Sum the bench, bar and legal education. was an effective advocate for both ners Foundation out of a group of In the period in1mediately follow organizations and was indistin candidates nominated by the ing World War II, the faculty per guishably identified with both. school. The Sumners Scholar re ceived the need for a publication When he retired in 1949, his Assis ceives full tuition, board and room, which would be devoted primarily tant Dean, John W. Riehm was ap books, and traveling expenses. This to developments in Texas law and pointed dean. Dean Riehm wanted program offers one of the most would offer the opportunity for law to establish the identity of the generous fellowships in any law review training for qualified stu School of Law separate from the school. dents. The journal, Texas Law and Foundation and sought to have rep In 1970 Webster and Laura Legislation, was inaugurated in the resentatives of each organization Burgher Atwell endowed the Wil spring of 1947 and in the second articulate a modus vivendi. Al liam Hawley Atwell Chair in Con year of publication its name was though every effort was made to stitutional Law, and Professor A. J. changed to Southwestern Law reach a harmonious arrangement, Thomas was designated as the first Journal, which is now in volume there was no real success, so that by recipient. thirty-two. In its early issues, the 1974 The Southwestern Legal Working closely with the Law Journal published a survey of im Foundation moved to the campus of Alumni Association, Dean Galvin portant recent developments in the University of Texas at Dallas. has succeeded in substantially in Texas, Louisiana, Arkansas, and Dean Riehm expanded the faculty creasing the Annual Law School Oklahoma. Currently, it publishes a and with faculty approval under Fund and has developed endow special fifth issue each year contain took to offer a program leading to ments for the library, scholarships, ing a survey ofrecent developments the Doctor of the Science of Law and other pUJl)OSes. In 1971 he en in Texas law. (S.J.D.) degree. With faculty ap listed the support of his long-time In 1961 the School of Law be proval he also broadened the cur friend, George M. Underwood, Jr., came the permanent home of the riculum to offer a greater variety of real estate developer and financier, Journal of Air Law and Commerce, electives for students. to build the Underwood Library. then in its twenty-eighth volume. Dean Riehm resigned effective The Underwood gift and gifts from The Journal is the only scholarly September 30, 1963, to become as other friends and organizations in periodical in the English language sociated with Matthew Bender & Dallas matched a grant and loan devoted primarily to the legal and Co., publishers of law and other from the Department of Health, economic problems of aviation and academic texts.