Page:The Green Bag (1889–1914), Volume 20.pdf/68

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EDITORIAL DEPARTMENT CONFLICT OF LAWS (Renwi). " La Theorie du Renvoi," by A. Lani£, in the Revue de Droit International Privt (V. Ill, p. 43) con tinues a discussion of the renvoi theory that is to be still further continued. CONFLICT OF LAWS (Revision of the French Civil Code.). "Questionnaire sur de Droit In ternational Privd soumis & la Commission de Revision du Code Civil," by Andrd Weiss, Revue de Droit International Privt (V. Ill, p. 641). A revision of the French Code Civil is being considered by a commission. Professor Weiss' article is a long series of suggestions of points to be considered in regard to the private rights a foreigner in French territory may claim, what law shall govern in cases of con flict, and the effect of foreign judgments. CONFLICT OF LAWS (Jurisdiction.). " La Des mande en Justice Envisaged dans les Rapportde la France avec les Pays Etrangers," by Jules Valery, Revue de Droit International Privt (VIII, p. 699). Conclusion of an article, the first installment of which was noticed in the June GREEN BAG, discussing the present methods of bringing action in a French court against an opponent domiciled in another country or in another country's court against a person domiciled in France, and suggesting re forms in procedure to secure jurisdiction. CONSTITUTIONAL LAW. " Constitutional Nationalism," by Hannis Taylor, American Law Review (V. xli, p. 892). CONSTITUTIONAL LAW. " Federal and State Constitutional Domains," by F. L. Stow, Commonwealth Law Review. (V. v, p. 3). CONSTITUTIONAL LAW. " Federal Inde pendence in Construction of State Law Likened to a Grain of Mustard Seed," by X. C. Collier, The Law (V. v, p. 358). CONSTITUTIONAL LAW. " The Application'of Judicial Remedies in the Regulation of Railway Rates by Public Authority," by Fred K. JXielsen, Central Law Journal (V. Ixv, p. 385). CONSTITUTIONAL LAW. " The Constitu tionality of Employer's Liability Acts as applied to Street Railways," by G. W. Payne, Central Laiv Journal (V. Ixv, p. 410).

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CONSTITUTIONAL LAW. (Judicial Power.) "The Courts and the People," by John Wood ward, Columbia Law Review (V. vii, p. 559) is an extremely well written defence of the power of the courts to declare laws unconstitutional as in theory well calculated to protect the rights of the people against encroachments of the executive and legislative branches, and as having in practice worked to that end. It is accepted as fundamental that this power is given by the constitution and recent attacks on that idea are referred to, although not by name, so as to show Judge Woodward's total disagreement with their arguments and tendencies. CONSTITUTIONAL LAW. (Oklahoma.) "The Constitution of Oklahoma " by John A. Faul^e, Michigan Law Review (V. vi, p. 105). A short article reviewing the salient features of the constitution of the new state. "At the outset, one familiar with the con stitution of the older states will be struck by the length of the Oklahoma document. It consists of ninety-four pages, closely printed, containing about 100,000 words, making it the longest of the state constitutions. The size of the constitution is of itself evidence that it contains much more than was con sidered constitutional matter in earlier days, and further examination shows that it in cludes a large amount of detail similar to statutory provisions; and this is indeed recognized by provisions authorizing the legislature to alter many sections of the con stitution by statute. "The length and detail of the constitution is further an evidence of its most striking characteristic, which is illustrated in many other ways, — the tendency towards the forms of direct democratic government, in contrast with the representative ideal that has hitherto prevailed. The constitution is itself a considerable code of laws enacted by popular vote; and by its elaborate provisions closely limits the sphere of action of all public officials. This tendency towards direct demo cratic government is also shown by the long list of elective officers, by the requirement for a mandatory direct nomination law, and, above all, by the provisions for the popular initiative and referendum on all matters of state and local legislation.