Page:The Green Bag (1889–1914), Volume 25.pdf/204

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Index to Periodicals Jlrticles on Topics of Legal Science and Related Subjects Administrative Powers. "The Delegation of Legislative Power to Administrative Officers. By Stephen A. Foster 7 Illinois Law Review 397 (Feb.). "Aside from the limitation that the delegation of power must conform to the 'due process' pro visions, it is difficult to lay down any general rules for determining whether or not a given delegation of power is or is not lawful. We be lieve that our analysis of recent decisions by the Supreme Court of the United States suffi ciently demonstrates that so long as it appears that the law-making body has gone as far as it reasonably can in the way of positive legisla tion and has only left to the administrative officers the filling in of details, that court will not declare a statute unconstitutional or void merely because no definite 'primary standard' has been established, and even though the function which the administrative officers per form may be legislative in its character." Alabama Claims. "The Arbitration of the Alabama Claims." By William Conant Church. Century, v. 85, p. 703 (Mar.). Mr. Church starts his story from the begin ning of the Civil War, and tells how much dam age was done to the commerce of the North by Confederate privateers. He thus presents the circumstances leading up to the Alabama case, and his clear, untechnical statement of the chief questions involved and the way they were decided will attract the reader, who will also be glad to see the case in its human entour age, against the background of personalities such as those of Grant, Sumner, Adams, Evarts, Cockburn, and Lord Salisbury. See International Arbitration. Aliens. "The jurisdiction of Courts Over Foreigners; II, Personal Jurisdiction at Com mon Law." By Joseph Henry Beale. 26 Har vard Law Review 283 (Feb.). "It has been intimated, particularly in the earlier cases, that the mere presence of prop erty of a defendant within the jurisdiction of the court gives the court power to issue a per sonal judgment against him. . . . In most cases where this intimation is made the court prob ably meant no more than that the property was thereby subjected to the decree of the courts: a doctrine which will be examined in a later article. ... It may now be said without ques tion that no one is personally subject to the juris diction of a court merely because he owns prop erty within the territory of the court." See Workmen's Compensation.

Biography. "Cardinal Alberoni: An Ital ian Precursor of Pacifism [sic] and International Arbitration." By Mil. R. Vesnitch. Ameri can Journal of International Law, v. 7, p. 51 (Jan.). Telling us that international arbitration was practised to a large extent in the Middle Ages and Renaissance, the author selects a great advocate of arbitration in the early eigh teenth century as worthy of notice, though not the first pacificist of Italy in point of time, Sanudo and the immortal Dante preceding him. "Upon some of Lord Cockburn's Oponions." By W. G. Scott-MoncriefT. 24 Juridical Re view'^ (Jan.). See Wilson. Cabinet. "The President's Cabinet." By John A. Fairlie. American Political Science Review, v. 7, p. 28 (Feb.). Mainly a sketch of the history of the cabinet, suggested by the historical studies of two recent writers. Commercial Law. "The Dual System of Civil and Commercial Law." By Layton B. Register. 61 Univ. of Pa. Law Review 240 (Feb.). "Commercial law is necessarily a more fluid, changing law than the civil law and no code has the pretention of claiming to provide for every possible contingency. It was born a customary law and codification added only the sanction that greater certainty must give. There still remains in each country an important mass of approved customs that are followed in the ab sence of written law, and which, in first instance, become a rich source of commercial legislation and finally a source of civil law. . . . "Commercial law has been compared very ?;raphically to a snow-capped mountain. The resh snows that fall upon its summit represent the ever newly arising customs of merchants. The snow creeps down the mountain side har dening into glaciers and giving rise to streams that feed the rivers of the plains. So the com mercial customs are crystallized into commercial laws from which they gradually pass into the realm of civil law." Constitutionality of Statutes. "Legis lative and Judicial Attacks on the Supreme Court of the United States — A History of the Twenty-fifth Section of the Judiciary Act; I." By Charles Warren. 47 American Law Review 1 (Jan.-Feb.). The question whether a general right of appeal should be allowed to federal courts, no matter whether the state court has decided in favor of or against the constitutionality of a statute, is not a new question, and Mr. Warren's timely