Page:The Green Bag (1889–1914), Volume 25.pdf/288

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Index to Periodicals "On the whole I am confident that after a brief experience with the new rules in actual operation there will be a general concurrence of judgment that they will effect a more economical, expeditious, and rational administration of jus tice." "The New Equity Rules." By Frank Hagerman. 47 American Law Review 230 (Mar.Apr.). "All codes of procedure should be abolished and the Supreme Courts, federal and state, as the highest judicial authority, authorized, with out legislative interference, to make, for the territorial limits over which their jurisdiction ex tends, every rule necessary for the dispensation of justice in trial and appellate courts." Federal Jurisdiction. "Jurisdiction of the Federal Equity Courts as affected by State Statutes." By Benjamin F. Keller. 47 American Law Review 190 (Mar.-Apr.). "The choice of the federal court sometimes involves the necessity of recasting the pleadings, and occasionally the necessity of a suit at law and one in equity to accomplish what might be done in the state court in one suit." Government. See Constitutionality of Statutes, Recall of Judicial Decisions. Insanity. "Insanity and Criminal Respon sibility, I." By Edwin R. Keedy. (Report of Committee B of the Institute). 3 Journal of Criminal Law and Criminology 890 (Mar.). The first part of the report is a compilation of the statutory provisions of the several states with respect to the determination of insanity, commitment and discharge of the criminal insane, etc. "Some Anomalies and Shortcomings of Lunacy Law." By T. H. Holt-Hughes and William H. Gattie. 29 Law Quarterly Review 179 (Apr.). Dealing with five chief topics in the English law: the reception order, the urgency order, the evidence of lunatics, criminal lunacy, and "spe cially appointed" Justices. Intent. See Consideration. Interlocking Directorates. "Interlocking Directorates, the Problem and its Solution." By Max Pam. 26 Harvard Law Review 467 (Apr.). "No director is true to his obligation of trust who permits his action as a director to be con trolled by influences and forces whose interests do or may, or allows his personal interest to, conflict with those of his corporation. Lack of publicity and lack of vigilance must be charged largely with the responsibility for the violations of the fiduciary relation of directors. To pre serve a wholesome respect and a high regard for the trust reposed in those who have the charge and the management of trust property, there must be sustained public vigilance. The


vigorous pursuit of the remedies already afforded in the law; the inhibition of dual or inter locking directorships; the enforced publicity of corporate actions and transactions in which directors are interested either directly or repre sentatively; vigilance by the proper authori ties in state and nation; the vigorous prosecu tion of corporate abuses — can and will end the recreancy and improper practices developed in the last decade, establish a proper apprecia tion of the obligations resting upon those occu pying fiduciary positions, stimulate a proper regard for the trust and confidence reposed in a trustee, bring a higher standard of business practice, and win back — what is now lacking — the confidence of our people in the integrity and reliability of our men of affairs." See Banking and Currency, Corporations. Juvenile Delinquency. See Criminology. Labor Laws. "Trade Unions under English and American Law." By M. F. B. Kenney. 49 Canada Law Journal 241 (Apr. 15). A rather desultory exposition of English law; the West Virginia case of Hitchman Coal & Coke Co. v. Mitchell, decided by the federal District Court Jan. 18, 1913, is the only American decision which receives much attention. Legal Aid. "A Poor Man's Lawyer in Scot land." (Anon.) Westminster Review, v. 179, p. 423 (Apr.). "Landladies who wanted defaulting lodgers written to were legion. The amount poor women lose through lodgers going away without paying, is scandalous, and most of such claims are prac tically irrecoverable. A difficulty that constantly meets the lawyer for the poor is, that questions which crop up simply every day among them never get decided; the amounts involved are too small for these to reach the supreme court, and no authoritative decision is given. These lodger cases illustrate this." Legal History. "Judicial Records." By Sir Frederick Pollock. 29 Law Quarterly Review 206 (Apr.). "Lines of technical distinction are in law, as in other sciences, more clearly and sharply drawn in later than in earlier days; and so we need not be surprised when we find that in the middle of the thirteenth century the Westminster record may tell us a good deal of what the case was really about, but in the middle of the eighteenth century it will, oftener than not, tell us nothing. The mediaeval fashion may be conveniently seen in Maitland's edition of Bracton's Note Book, and that of our great-grandfathers in the forms printed by way of appendix in the older and genuine editions of Blackstone's Com mentaries: forms which ought to be studied, as well as the untouched text of the author him self, by every one who desires to understand the history of modern English law. In Chancery proceedings, on the other hand, all the facts relied on had to be asserted in the course of pleading, and therefore we have the story,