Emlin McClain

Emlin McClain

Position: 

Chancellor
Dean
Professor of Law

Biographical Information

Emlin McClain graduated with a legal degree from University of Iowa in 1873.  He practiced law in Des Moines until 1881, when he became a professor at the law school.  He was the first Iowa law professor to have also graduated from the University of Iowa College of Law.  He led the movement to expand the required course of study from two to three years.  He also served as a compiler and editor of Iowa's state codes.

In 1887, he became Vice-Chancellor of the law department at University of Iowa, under Chancellor James M. Love.  He served as Chancellor from 1890 to 1900, when he was elected to the Iowa Supreme Court.  He served on the bench until 1912, spending two years as Chief Justice.  After retiring from the Supreme Court, he taught law at Stanford University, before returning to Iowa in 1914 to serve as dean of the law school.    He died in 1915.

Publications

Books

Emlin McClain, A Selection of Cases on the Law of Bailments and Carriers (Little, Brown 1914)
Emlin McClain, Constitutional Law in the United States, 2nd ed. (Longsmans, Green 1910)
Emlin McClain, A Selection of Cases on Constitutional Law, 2nd ed. (Little, Brown 1909)
Emlin McClain. McClain's New Iowa Digest; a digest of decisions of the Supreme court of Iowa, from the organization of the territory [1839] until the end of January, 1908, including the cases in Morris' and Greene's reports and the series of Iowa reports to the end of volume 134 and the Iowa cases in the Northwestern reporter to page 633 of volume 114; also the decisions in the federal courts for the same period so far as they relate to Iowa law or pertain to subject matter peculiar to Iowa. (Callaghan & company, 1908)
Emlin McClain. Constitutional Law in the United States. (Longmans, Green 1905)
Emlin McClain. A Digest of the Decisions of the Supreme Court of Iowa from the October term, 1898, to the May term, 1903, both inclusive: also of the federal courts in Iowa and of the Supreme Court of the United States during the same period so far as they relate to Iowa law or subject matter peculiar to Iowa. (Callaghan & Co. 1904)
Emlin McClain, A Selection of Cases on Constitutional Law. (Little, Brown 1900)
Emlin McClain, A Digest of the Decisions of the Supreme Court of Iowa from the March term, 1887, to the May term, 1898, both inclusive: also of the federal courts in Iowa and of the Supreme Court of the United States during the same period so far as they relate to Iowa law or subject matter peculiar to Iowa. (Callaghan & Co.1898)
Emlin McClain, A Treatise on the Criminal Law as now Administered in the United States. 2 vols. (Callaghan and Co. 1897)
Emlin McClain, A Treatise on the Criminal Law as Now Administered in the United States (Callaghan 1897)
Emlin McClain, A Selection of Cases on the Law of Carriers of Goods and of Passengers (Little, Brown 1896)
Emlin McClain, Liability of Sleeping-car Companies for the Property of Passengers. (American and English railroad cases: a Collection of all the Railroad Cases in the Courts of Last Resort in America and England, New series, v. 1, (Northport, NY: E. Thompson 1895)
Emlin McClain, A Digest of the Decisions of the Supreme court of Iowa from the March term, 1887, to the May term, 1892, both inclusive: also of the federal courts in Iowa and of the Supreme court of the United States during the same period so far as they relate to Iowa law or subject-matter peculiar to Iowa, Vol. III. (Callaghan and Company. 1893)
Emlin McClain, Supplement to McClain's Annotated Code and Statutes of the State of Iowa showing the general, public and permanent acts of the twenty-third and twenty-fourth General Assemblies (1890 and 1892). (Callaghan 1892)
Emlin McClain, Statutes of Iowa Relating to Railways, and Notes of Decisions Thereunder. (G.H. Ragsdale, State printer, 1891.)
Emlin McClain, Statutes of Iowa relating to Railways, and Notes of Decisions thereunder. (G.H. Ragsdale, State printer 1891)
Emlin McClain, McClain's Annotated Code and Statutes of the State of Iowa showing the general statutes in force July 4, 1888, embracing the code of 1873 as amended, and all permanent, general, and public acts of the General Assembly passed since the adoption of that code, with a digest under each section, of the decisions relating thereto. (Callaghan 1888)
Emlin McClain, A Digest of the Decisions of the Supreme Court of Iowa from its organization [1839] until the end of the January term, 1887, including Morris' and Greene's reports, and the series of Iowa reports up to and including volume LXX, except cases therein first decided at the March term; also of the federal courts in Iowa and of the Supreme court of the United States so far as they relate to Iowa law or subject matter peculiar to Iowa. (Callaghan & Co. 1887)
Emlin McClain, Supplement to McClain's Annotated Statutes of the State of Iowa, containing all amendments to the code, and other public, general, and permanent acts passed by the nineteenth and twentieth General Assemblies of said State, and notes of decisions upon statutory law, made by the Supreme Court of said State from June 1880 to June 1884, inclusive. (Callaghan 1884)
Emlin McClain, McClain's Annotated Statutes of the State of Iowa: showing the general statutes in force July 4, 1880, embracing the code of 1873 as amended, and all permanent, general and public acts of the fifteenth, sixteenth, seventeenth and eighteenth General assemblies, with a brief digest under each section, of the decisions relating thereto. By Emlin McClain. (Callaghan 1880)

Book Chapters

Emlin McClain, "Constitutional Guaranties of Fundamental Rights," in Modern American Law: A Systematic and Comprehensive Commentary on the Fundamental Principles of American Law, Part III - Constitutional Law. (Blackstone Institute 1921)

Articles

Emlin McClain, "Contractual Limitation of Liability for Negligence," 28 Harv. L. Rev. 550 (1914-1915)
Emlin McClain, "Decisions of the Supreme Court of the United States on Constitutional Questions, 1911-1914," 9 Am. Pol. Sci. Rev. 36 (1915)
Emlin McClain, "Iowa Codes," 1 Iowa L. Rev. 3 (1915)
Emlin McClain, "Liability in Tort of Carriers of the Mail," 14 Colum. L. Rev. 632 (1914)
Emlin McClain, "Our Common Humanity and the Common Law," 2 U. of Chi. Mag. 1 (1909)
Emlin McClain, "Written and Unwritten Constitutions in the United States," 6 Colum. L. Rev. 69 (1906)
Emlin McClain, "Civil and the Common Law in the Louisiana Purchase," 17 Green Bag 418 (1905)
Emlin McClain, "Citizenship of the United States as a Legal Status," 13 Am. Law. 57 (1905)
Emlin McClain, "Dissenting Opinions," 14 Yale L. J. 191 (1904-1905)
Emlin McClain, "The Hawaiian Case," 17 Harv. L. Rev. 386 (1903-1904)
Emlin McClain, "Chief Justice Marshall as a constructive statesman," (Iowa Journal of History and Politics, Oct. 1903)
Emlin McClain, "Evolution of the Judicial Opinion," 2 Can. L. Rev. 348 (1902-1903)
Emlin McClain, "Evolution of the Judicial Opinion," 2 Can. L. Rev. 269 (1902-1903)
Emlin McClain, "Address of the President," 25 Annu. Rep. A.B.A. 734 (1902)
Emlin McClain, "The Evolution of the Judicial Opinion," 10 Am. Law. 386 (1902)
Emlin McClain, "Unwritten Constitutions in the United States," 15 Harv. L. Rev. 531 (1901-1902)
Emlin McClain, "President's Address before the Association of American Law," 1 Am. L. Sch. Rev. 1 (1902-1906)
Emlin McClain, "Questions on Law of Chattel Mortgages," 38 Law Bull. St. U. Iowa 1 (1899-1901)
Emlin McClain, "Synopsis of the Law of Insurance," 37 Law Bull. St. U. Iowa 1 (1899-1901)
Emlin McClain, "Synopsis of the Law of Bailments, Pledges and Innkeepers," 35 Law Bull. St. U. Iowa 1 (1899-1901)
Emlin McClain, "Insurance of Limited Interests against Fire," 11 Harv. L. Rev. 512 (1897-1898)
Emlin McClain, "Cases on Insurance," 30 Law Bull. St. U. Iowa 1 (1897-1899)
Emlin McClain, "Hypothetical Cases involving the Liability of Carriers of Goods and of Passengers," 29 Law Bull. St. U. Iowa 8 (1897-1899)
Emlin McClain, "Hypothetical Cases in Insurance," 26 Law Bull. St. U. Iowa 1 (1897-1899)
Emlin McClain, "The Law Curriculum: Subjects to Be Included and Order of Presentation," 19 Annu. Rep. A.B.A. 467 (1896)
Emlin McClain, "Cases on Insurance," 21 Law Bull. St. U. Iowa 1 (1896)
Emlin McClain, "Questions on Constitutional Law," 20 Law Bull. St. U. Iowa 17 (1896)
Emlin McClain, "The Federal Judicial System," 20 Law Bull. St. U. Iowa 1 (1896)
Emlin McClain, "Hypothetical Cases in Sales and Bailments," 19 Law Bull. St. U. Iowa 9 (1896)
Emlin McClain, "Problems in Sales," 15 Law Bull. St. U. Iowa 24 (1895)
Emlin McClain, "Cases Illustrative of Remainders," 13 Law Bull. St. U. Iowa 18 (1894)
Emlin McClain, "Synopsis of Insurance," 13 Law Bull. St. U. Iowa 11 (1894)
Emlin McClain, "Questions on Constitutional Law," 12 Law Bull. St. U. Iowa 10 (1894)
Emlin McClain, "Implied Warranties in Sales," 7 Harv. L. Rev. 213 (1893-1894)
Emlin McClain, "Use of Cases in Teaching Law," 3 Yale L. J. 17 (October 1893-June 1894)
Emlin McClain, "Selected Cases on Sales," 10 Law Bull. St. U. Iowa 1 (1893)
Emlin McClain, "Hypothetical Cases in Insurance," 9 Law Bull. St. U. Iowa 9 (1893)
Emlin McClain, "Best Method of Using Cases in Teaching Law," 16 Annu. Rep. A.B.A. 401 (1893)
Emlin McClain, "Cases on Constitutional Law," 8 Law Bulletin of the State University of Iowa 30 (1893)
Emlin McClain, "Hypothetical Cases in Sales and Bailments," 7 Law Bull. St. U. Iowa 1 (1891-1893)
Emlin McClain, "Federal Protection against State Power," 6 Harv. L. Rev. 405 (1892-1893)
Emlin McClain, "Cases on Insurance," 6 Law Bull. St. U. Iowa 51 (1891-1893)
Emlin McClain, "Cases on Insurance," 5 Law Bull. St. U. Iowa 26 (1891-1893)
Emlin McClain, "Hypothetical Cases in Criminal Law and Procedure," 3 Law Bull. St. U. Iowa 1 (1891-1893)
Emlin McClain, "Classification of the Law for Lawyers," 26 Am. L. Rev. 223 (1892)
Emlin McClain, "Seminary of Jurisprudence," 2 Law Bull. St. U. Iowa 54 (1891-1893)
Emlin McClain, "Hypothetical Cases involving the Liability of Carriers of Goods and of Passengers," 1 Law Bull. St. U. Iowa 7 (1891-1893)
Emlin McClain, "Hypothetical Cases in the Law of Chattel Mortgages," 1 Law Bull. St. U. Iowa 17 (1891-1893)
Emlin McClain, "Cases on Constitutional Law," 8 Law Bull. St. U. Iowa 30 (1891-1893)
Emlin McClain, "The Federal Judicial System," 4 Law Bull. St. U. Iowa 24 (1891-1893)
Emlin McClain, "Law Department of the State University of Iowa," 1 Green Bag 374 (1889)
Emlin McClain, "Burden of Proof in Criminal Prosecutions," 17 Am. L. Rev. 892 (1883)
Emlin McClain, "Interest of Beneficiary in Life Insurance Policy," 17 W. Jurist 297 (1883)
Emlin McClain, "When Are Trustees Chargeable with Compound Interest?," 16 Cent. L.J. 286 (1883)
Emlin McClain, "Validity of Unrecorded Chattel Mortgages, as against Creditors," 16 W. Jurist 179 (1882)

Presentations

Emlin McClain. Our common humanity and the common law. Chicago: University of Chicago Press, 1909.
Emlin McClain. Civilization & the law; an address delivered before the Kentucky State Bar Association, July 2, 1903. Louisville, Nunemacher.