Index to Periodicals to be opposed to every form of monopoly, whether regulated or unregulated. Inflonality. “Nationality and Naturaliza tion in Latin America, from the Point of View of International Law."
By Harmodio
Arias. 9 journal of Comparative Legislation, pt. 1. no. 23, p. 126 (Nov.).
profits in any proper sense of the term, but a rule of evidence in arriving at damages and profits; and that as such it must be construed to conform to the larger and broader and more equitable rules of onus probandi. With no other change than this, we shall be able to say with much better grace that the main princi les of the patent law are developed and
In some Latin-American countries children iollow the nationality of their parents (jus sanguinis), in others nationalit _ is determined
by the place of their birth 1145 soli). The general tendency that prevails, with regard to nationality and naturalization, is ‘to assimilate ioreigners, as far as possible, with the native element of the_communrty. “This is the reason why the 114.3 loci 15 generally 4 adopted. and the requirements for obtaining naturalization are made comparatively easy. Hagar-‘table Instruments. "Dr. Meyer's Bills of Exchange Draft Code, from an English Point of View." By Ernest J‘. Schuster, LL.D. 9 journal of Comparative Legislation, pt. 1, no. 23, p. 143 (Nov.). “Read before the International Law Asso ciation (22 Green Bag 609). Iowtonndland Fisheries Arbitration. “United States v. Great Britain, in the [Matter of the‘ North Atlantic Coast Fisheries." 4 American journal of International Law 948 (0a.). This is the first full report of the decision of the Permanent Court at The Hague to be published in the United States. "The North Atlantic Coast Fisheries Arbitration." By Sir Erle Richards, K.C.S.I. 9 journal of Comparative lzgislation, pt. 1, no. 23, p. 18 (Nov.). A résumé, without much discussion, of the
proceedings,
and
of_
the findings of the
tribunal on the principal points. See International Law. Pll'doning Power. "Nature and Limits of the Pardoning Power." By William W.
Smithers.
l journal of Criminal Law and
Criminology 549 (Nov.) The independence of the executive branch of the government. in which 18 vested com plete discretion in the exercise of the pardon mg power, is recognized. and the restraints and obligations irn sed on the depository
of such power, whic
would seem to be moral
rather than legal, are considered. Patents. "Damages and Profits in Patent Causes."
By W'illiam Macornber.
10 Colum
bid Law Review 639 (XOVJ "The time is at hand when our courts must . that the [Garretson rule of segregation mgmzefhtehféifflop case v. Clark,
43
xed."
Penology. See Criminology. Drunkenness, Pardoning Power. Practice. "Liability for Costs of a Person not a Party to an Action." By Clarence M. Lewis.
23 Bench and Bar 57 (Nov.).
Treatin
Code of
of section 3247 of the New York
ivil Procedure.
Procedure. "Courts and Procedure in Germany." By Judge Karl von Lewinski. 5 Illinois Law Review 198 (Nov.). Bringing out with great clearness the salient features of German court organization and practice. The shifting of the work done in thrs country by the bar to the bench results in a very large number of judges, which are not usually chosen from the ranks of the bar as here. The result is that the German judge is apt to be of mediocre ability. But the proced ure in Germany may have its advantages over ours, says Judge Lewinski, on account of its great simplicity. In the lower courts the parties do not have to be represented by counsel, and there is no technical system of pleading. "Every procedural irregularit is cured, 1' the point is not raised immediate y." "The Practice in Reversing Judgments non obstante veredicto, and in Amending the Pleadings in Pennsylvania." By Henry B. Patton. 59 Univ. of Pa. Law Review 77 (Nov.). Discussing questions connected with the reversal of judgments and amendments of pleadings in Pennsylvania practice.
"Simplification of Legal Procedure-Ex pediency Must Not Sacrifice Principle." By Thomas W. Shelton. 71 Central Law journal 330 (Nov. 11). “There is a great deal more in pleading than mere form. It stands, as has been endeavored to be shown, as the bulwark of protection between the bench and the litigant;
it fixes
inviolate limitations within which the judge may rule, making all else obiter dictum. and, of equal importance, it confines the testimon which may be introduced. How, indee, could the counsel protect if he
may not
object. and' how may he object if there be no limits either to the allegata or to the
probata?
It follows as the night follows the
da, that these must be governed by fixed es and precedents, sacredly observed."
See Criminal Procedure, Jury Trial
ialslstiijlieds“1120] is not a rule of damages or Property Rights.
“Have the States been
