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The Green Bag
International Law. See Navigable Rivers, Prescription. Interstate Commerce. “The Power of Congress and of the States Respectively, to Regulate the Conduct and Liability of Car n'ers." By Frederick H.Cooke. loColumbia Law Review 35 (Jan). "It seems clear that it is beyond the power of Congress to exercise such power [to regu late the conduct and liability of a carrier] directly for the benefit of intra-state travelers and shippers. This conclusion seems in ac— cord with the statement in Gibbons v. 0 den (9 Wheat. 1, 194) reiterated in the m loyers' Liability cases (207 U. S. 463, 493) that the power does not extend to ‘that com merce which is completely internal, which is
carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states.’ In this connection, however, it should be borne in mind that the power of Congress to enact legislation incidentally affecting such
internal commerce is very broad, and not easily to be defined." “The Exclusiveness of the Power of Con
gress to Regulate Commerce." By Frederick H. Cooke. 43 American Law Review 813 (Nov.-Dec.). "I re rd as the true theory, that the power 0 Congress under the commerce clause
is exclusive in all cases; that in no case what ever may a state regulate commerce within the scope of such provision. This is what In the article above referred to is termed the Exclusive Theory. "_Now it is obvious enough that, in a variety of ways, legislation indisputably within the power of a state may more or less remotely have an effect upon such commerce. But the int to notice is that, in the view herein ta en, in every case this is merely the incidental effect of the exercise under author ity of a state, not of the power to regulate commerce, but of some other distinct power reserved to the states." See also Corporations, Taxation. Juries. “Trial by Jury in Illinois." By Edgar L. Masters of the Chicago bar. 4 Illi nois Law Review 408 (Jan). "If trial b jury, as it existed at common law, should e restored in Illinois, the trial
courts would have cast upon them the re sponsibility which they now shirk of super vrsing the record on motion for a new trial,
on questions of the weight of evidence, and the amount of damages. The Appellate Courts would then have nothing but questions of law to consider." Jurisprudence. See under special topics, 8. g., Basis of Law, Legal Evolution. Law Reporting. "Loose Leaf Law Reports." By Percy T. Garden. 26 Law Quarterly Re view 75 (Jan).
"The object of this article is to advocate a change in the form in which law reports are published, the change su ested bein the substitution of a combine system of eaves and cards for the present system of bound volumes. . . . Were the proposed scheme carried to its ideal logical conclusion, each subscriber might turn over the hea s of legal lore mouldering round the roots 0 the legal
tree of knowledge, from whose branches it has fallen during the course of more than five centuries, and pick out the portions suited
to his taste or needs. He would in this way t more of the cases which he required, y ess for them, and be cumber'ed with
ess
useless litter." Legal Classification. "The Making of a Law Index." By F. Granville Munson. 43 American Law Review 801 (Nov.-Dec.).
"To the writer's mind, this is the prime essential of a law index—not so much to guide inquirers to existing law as to assure them of the non-existence of non-existing law. . . . The writer hopes that these . . . remarks may show the value of the ideas of the Index-Anal sis of the Federal Statutes,
not only for in exes of other law books, but for indexes of law libraries as well." Legal Education. “The Present State of Legal Education in England." By Harold D. Hazeltine. Read before the Association of American Law Schools. 26 Law Quarterly Review 17 (Jan).
"At certain schools two gears are s t upon English Law, but at ot er and per ps at most schools the course in English Law is essentiall a one-year or a one-and-half-year course. he time to be spent on English Law could be increased by reducing some what the time spent on sulh subJects as Roman Law, Jurisprudence and Public Inter national Law; but there can be no doubt that English legal educators are ri ht in insisting upon the high importance 0 such subjects, for they not only have an edu cational value, but also a practical si%-iifi
canoe as regards various branches of the ng lish Law itself. . . . "Undoubtedly the present method of in‘ struction does lead in many cases to cram work. . . . The extensive use of this indu<> tive case-method would, I believe, do much towards the rooting out of mere cramming for examinations; for this method necessarily involves careful reparation and the develop ment of the stu ent's own reasoning capaci ties." Legal History. "The Co-Operative Nature of English Sovereignty." By W. W. Lucas. 26 Law Quarterly Review 54 (Jan). A striking collation of historical learning gathered in the endeavor to settle the fines tion, “Has the monarch ever ruled one, either in legislation or administration, with the sanction of the Constitution?" This ques tion is answered in the negative.
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