Page:The Green Bag (1889–1914), Volume 24.pdf/46

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Index to Periodicals they are less significant as we rise in the scale of degeneration, when they become inconstant and often are absent, and sometimes seem not to have any correlation with mental troubles." "The Future Attitude toward Crime." By Professor George W. Kirch wey. 2 Journal of Criminal Law and Criminology 501 (Nov.). Annual address delivered at the third annual meeting of the American Institute of Criminal Law and Criminology last September. "The state is not ashamed to avow itself the guardian of the delinquent as of the dependent child. May we not hope that it will in the not distant future realize that there is no distinction of age among her erring children, and that all must — in the interest of society — equally feel her wise, firm, parental hand resting upon them? "But the Juvenile Court throws another ray of light farther down the broad avenue of crime. Why limit the guardianship of the state to the delinquent and the dependent child? It is not only from these that the ranks of adult criminal ity are recruited. The seeds of criminal ten dency lie deep in human nature, but not too deep to be detected by the penetrating eyes of wis dom and sympathy. Through the school, public and private, the children can be reached and examined and known, and their mental or physi cal or moral defects, whether congenital or acquired, ascertained, if not in all, at least in all but the more obscure cases — and, as in the case of the delinquent in the Juvenile Court, the appropriate remedy applied. Nay, I will go further. Our Anglo-Saxon notion that the state has nothing to do with the individual except as a taxpayer or a lawbreaker must give way to the conception that society as a whole is responsible for the acts of all its mem bers, and that it may, in so far as its interests require, exercise an effective supervision and guardianship over each and every one. "The doctrine that 'a man's house is his castle' has received some rude shocks in these days of compulsory education and tenement house and health inspection. It is destined to be relegated to the lumber room of the law when we come to realize that the most contagious, as well as the most mortal, of all diseases is criminality and moral degradation." Report of the President of the American Insti tute. By Nathan William MacChesney. 2 Jour nal of Criminal Law and Criminology 573 (Nov.). Delivered at third annual conference in Boston, Sept., 1911. Proceedings of third annual conference of the American Institute of Criminal Law and Crimi nology. 2 Journal of Criminal Law and Criminol ogy 583 (Nov.). "The Camorra in Modern Italy." Edinburgh Review, v. 214, no. 438, p. 379 (Oct.). A vivid sociological study, based on some first hand documents, of this sinister institution. The criminal types which it represents are keenly analyzed. See Aliens, Criminal Insanity, Criminal Statis tic*, Immigration.

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Direct Government. "New Forms of the Initiative and Referendum." By S. Gale Lowrie. American Political Science Review, v. 5, p. 566 (Nov.). The writer looks upon the Wisconsin plan of initiative with favor, because it makes the legis lature a co-laborer rather than a competitor of the people. See Election Laws. Election Laws. "Direct Primaries and the Second Ballot." By A. N. Holcombe. American Political Science Review, v. 5, p. 535 (Nov.). An able study of the effect of the second ballot on the result of the primary election, the facts supporting the author's conclusions being obtained chiefly from Italian and German obser vations, in the absence of American evidence. He concludes that "in the United States, there is no argument in favor of the abolition of the party test in the primary election which cannot be ad vanced with greater force in favor of the abolition of the official primary altogether and the intro duction of preferential voting into the general election. A system of preferential voting at the general election would perform simultaneously the function of a nominating system." The author's position is far in advance of American election laws, and publicists can ill afford to neglect so searching and illuminating an investigation. This article, by the way, is a good example of that "laboratory" method of studying the direct nomination system, the need of which A. Law rence Lowell referred to not long since, in his address as president of the American Political Science Association. Equity. "Confusing Law and Equity." By Dean Henry H. Ingersoll, University of Tennes see. 21 Yale Law Journal b% (Nov.). Considering at length the relations between the systems of law and equity in the various states, Dean Ingersoll feels that he has shown "the abounding variety of jurisdiction and pro ceeding even in states of the same class." The fusion of Law and Equity is not in sight in America. Whether the existing confusion is permanent, time alone can determine. Freedom of Trade and Occupation. "Prin ciples of Liability for Interference with Trade, Profession, or Calling, II." By Sarat Chandra Basak. 27 Law Quarterly Review 399 (Oct.). Continuation of article noticed in 23 Green Bog 543. Government. "New States and Constitu tions." By Attorney-General George W. Wickersham. 21 Yale Law Journal 1 (Nov.). Address delivered before Yale Law School last June. Considerable attention is devoted to the proposed constitution of Arizona. "The Federal Judiciary in Brazil and the United States of America." By Amaro Cavalcanti. 60 Univ. of Pa. Law Review 103 (Nov.).