Review of Periodicals another to an act of God, that otherwise pre sumably would have been escaped, damages may be recovered against the negligent person for the injury sustained. Such a rule would treat an act of God not as an independent agency, but as identical with the damage or loss it produces, and confine legal considera tion to antecedent causes. In effect this is what has been done by the courts of New York, Minnesota, Iowa and Alabama, but they have proceeded not straightforwardly but by casuistical distinction. "This suggestion for an avowed change in the law is made for the consideration of courts before which the question shall come as one of first impression, and, more particularly, of courts that are now committed to the view of the Supreme Court of the United States. It would be entirely legitimate for tribunals in the latter class to overrule their former decisions without an enabling statute." See also Admiralty, Employers' Liability, Evidence, Jury Trial, Procedure. Partnership. "Some Judicial Myths." By Prof. Francis M. Burdick. 22 Harvard Law Review 393 (Apr.). The author finds two examples of the myths under consideration in a recent article from the pen of a learned judge. ("Some New Aspects of Partnership Bankruptcy under the Act of 1898," 8 Columbia Law Rev. 599-604.) "No one will question that 'partnership entity' is a commonplace phrase at the present time; and there may be many members of the bar who have no recollection of its use prior to 1899. To them the inference of the learned judge would seem warranted, that the legal Profession is indebted for the phrase to a d ecision rendered in that year of grace. But a fuller knowledge of the history of the phrase repudiates the inference. . . . "A very interesting judicial myth in this country is connected with the English doc trine of out and out conversion into personalty of partnership real estate. It is especially noteworthy, not only because it has been repeated frequently by judges in widely sepa rated jurisdictions, but because it illustrates the easy transition from 'it might have been' of one court to 'it was' of another." Patents. "The Patent Rights of Army and Navy Officers." By Lt.-Commander Cleland Davis, U. S. N. Forum, v. 41, p. 312 (Apr.).. See also Trademarks. Practice. "The Art of Legal Practice." By Edson R. Sunderland. 7 Michigan Law Re view 397 (Mar.). A description of the manner in which the teaching of practice has been developed at the University of Michigan. "After the men assigned to a given case deem the same at proper issue on the plead ings, they file notes of issue to indicate that fact, and the pleadings filed are then care fully examined by the instructor in charge.
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He then meets the group and the pleadings are discussed and criticized and suggestions are made as to better methods of dealing with the case and ways of avoiding errors. Amended pleadings are usually required to be prepared and filed, and upon the pleadings as they stand in their final form a law argu ment is based. The law argument is made before some member of the faculty; it consumes from one to two hours, and covers the issues raised by the pleadings. Each man must take part in the argument and must show familiarity with the facts and principles involved in the lead ing cases cited. . . . The men are graded upon their arguments and upon their briefs, and if they do not attain a sufficient standard in either one a reargument or a new brief may be called for. "The foregoing represents the work of the first semester. The second semester is de voted largely to court work in jury cases." "The Organization of a Legal Business, XIX—Accounting Methods, I." By R. V. Harris. 29 Canadian Law Times 27'4 (Mar.). "Damages." By W. S. Cowherd. Kansas City Bar Monthly, v. 11, p. 52 (Apr.). A paper read at the last annual meeting of the Kansas City Bar Association. "Opportunity beckons us and society de mands that we right the wrongs labor now endures and make business certain of the profit to which it is entitled. Let no one think the passage of such an act will leave the lawyer without an occupation. As long as there are rights to be preserved and wrongs to be redressed there will be business for the lawyer. As long as free governments stand the lawyer will be the chief corner stone of the structure. Our great profession has insti gated every revolution that advanced the rights of men. We stood beside the cradle of liberty and when we pass away we shall rest with freedom in a common grave." Procedure. "Concerning the Present Method of Charging Juries." By Edward J. Maxwell. Letter in New York Law Journal, Mar. 5, 1909, p. 2386. "It was repeatedly said, after the conclu sion of the Maybrick case, that the charge of the judge presiding led to the woman's conviction. It is not surprising when one remarks the character of the language made use of on that occasion. ... "It were a 'consummation devoutly to be wished' if some method could be devised whereby this evil could be remedied. Doubt less the judges who are called upon from time to time to toy down the law to juries would be quite as much gratified and relieved as liti gants and counsel if the power to do more than state the propositions of law applicable to the case were taken from the court. The rule in operation in Illinois and Colorado accomplishes this result. In all jury trials in those states the counsel in the case are re quired to have prepared such instructions as
