Page:The Green Bag (1889–1914), Volume 23.pdf/57

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Index to Periodicals actions for libel, including truth, privilege and fair comment. Deacons. "Sir William Blackstone’s In fluence on the Rule in Shelley's Case." By Henry C. Spun‘. 17 Case and Comment 284 (Nov.). "This reason for the rule advanced by Blackstone has been repeated over and over 11. and has been the main fortress behind I’ 'ch its advocates have stood to meet the assaults of their adversaries. It is not too much to say, therefore, that the longevity of the rule in Shelley's Case has been due in a "cry large measure to the genius of Sir William Blackstone." Diplomacy. "Diplomacy and the Diplo matist." By A. Pearce Higgins, LL.D. 2.2 juridical Review 198 (Oct.). Compressing a vast amount of information about the fundamental principles of the art of diplomacy, the training of diplomats and the requirements of this profession. Drunkonnm. “Fair Play for the Inebri ate." By Judge McKenzie Cleland. 1 journal q’ Criminal Law and Criminology 573 (Nov.).

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trol its execution, partly to prevent the scandal that inevitably and properly arises whenever the property of a party is sacrificed under the process of a court in contravention of the clearly expressed policy and spirit of the law, and partly to establish justice between party and party, by keeping the execution act from being perverted from its true purpose, the compulsory payment of debts, into a means or instrument of stripping debtors of their property for the unjust enrichment of creditors. ' Evidence. “Medical Evidence in Accident Cases." By Raymond D. Thurber. 23 Bench and Bar 62 (Nov.). An attempt to clear up the confusion in the rules which govern the introduction of medical testimony.

Execution. “To what Extent are Money, Jewels, Bonds, or other Property, Carried on or Attached to the Person of the Holder,

Subject to Replevin, Attachment, or Other Means of Recovery or Execution at Law or Equity." Prize thesis, Baltimore Law School, 1910. By Robert Clyde M'Kee. 43 Chicago Legal News 118, 128 (Nov. 19, 26).

The writer opposes the practice of arresting for drunkenness, which “is merely a logical development of our national craze for arresting He favors an ordinance providing that such persons shall be taken to their homes wherever possible, as is successfully being done in Cleveland. See Workmen's Imployor’l Liability. Compensation. Equity. "Law and Equity—The Test of their Fusion." By James Edward Hogg. 2'2 juridical Review 244 (Oct.). An attempt to ap ly to the circumstances 0! Chapman v. Smet urst (1909) 1 K. B. 73, 927, an action by the payee of a promissory note against the maker, the observation of Maitland: “The day will come when lawyers will cease to inquire whether a given rule be a rule of equity or a rule of common law; sufliu: it that it is a well established rule administered by the High Court of Justice.” Equity Jurisdiction. "Equity Jurisdiction in Illinois over Irregularities in‘ Execution Sales." By Prof. Henry Schofield. 5 Illinois

L411’ Review 203 (Nov.) "The jurisdiction invoked by a‘ bill in equity filed on the equity side of an IlllllOiS court to set aside an execution sale of land on an

Illinois jud

cut, is not the limited jurisdic

tion of the nglish High Court of Chancery to interrupt and turn aside the course of the '

'sdl'cu'on of a common law court, on the

foundation of act -

fraud, lilccident. (Eli-stake ‘n

in t e procee

rigs in

[fibre 221525;’: 136;“£33115, but is rather the wider

inherent jurisdiction

A very full review of the authorities. Executor: and Administrators. vival of Actions.

See Sur

Federal and State Powers. “Conservation and the Constitution." By William B. Bosley. 20 Yale Law journal 18 (Nov.). “The proposed conservation legislation, so far as it relates to the leasing of coal, phos phate, oil and other mineral lands, althou h it is in form an exercise of the wer of t e United States to provide for the isposition of the public lands in which such minerals exist, is really repugnant to the irit of the Con stitution for two reasons:

irst, because it

contemplates the perpetual ownership by the United States of lands which are not required for the exercise of any of its govern mental powers or duties, and which, as we have seen, it is the duty of Congress (although a political dut of imperfect obligation) to dispose of so 1; t they ma become private property, and subject in al respects to the jurisdiction and sovereignty of the states in which the are situate; and, second, because the real 0 ject sought to be attained by this legislation is the indirect control by Congress, by means of covenants and conditions to be inserted in the leases, of certain productive industries, the right to regulate which is vested, not in Congress, but in the legislatures of the several states. If this legislation shall be adopted, it will inevitably give rise to conflicts between laws enacted by the Several states in the exercise of their acknowledged constitutional powers for the purpose of preventin monopoly and regulating the conduct 0 these industries, on the ope hand, and, on the other hand, the condlt1on8 and