Page:The Green Bag (1889–1914), Volume 25.pdf/509

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The Green Bag

Draper Lewis. 61 Univ. of Pa. Law Review 531 (June). "When social ideas are undergoing a process of comparatively rapid change, then the man who is set apart, as is the judge, to do a special piece of work requiring concentration and skill is apt to get out of touch with current social ideas unless his training tends to make him interested in social questions. If, therefore, I am right in the main position I am here taking, that the important function of the judge is to adapt, within the limits and in the way indicated, the law to existing social ideas, that function at a time like the present cannot be properly per formed unless we emphasize the importance of the social sciences as a necessary basis of legal education. "What law students need are courses showing the development of legal principles given by men who are capable of pointing out the rela tion between the principle and the social ideal on which it rests. We need books like Mr. Jus tice Holmes' Common Law written by lawyers interested in and trained in economic theory. Such men and such books do not now exist. They will have to be evolved from the necessity of the situation. "If I may make an attempt at a practical sug gestion, let those of us who are connected with Law Schools and those who are connected with departments of Philosophy, try the experiment of conducting joint seminars open to students of law and students of the social sciences, these seminars to discuss legal theory and social ideas, or, if you prefer, the development of law as affected by economic conditions." "Legal Education in the United States." By Professor W. Harrison Moore, University of Melbourne. 13 Journal of Comparative Legisla tion N. S. pt. 2, p. 207 (no. 28, July). See p. 467 ante. See Admission to the Bar, Professional Ethics, Roman Law. Legal History. "Constitutional History and the Year Books." By Professor Paul Vinogradoff. 29 Law Quarterly Review 273 (July). "We cannot expect, of course, to find in full operation at this early stage the legal principles which had to be established as the outcome of the long struggle against Stuart kingcraft, but it is certainly not without importance to note that there was a vast body of traditional juris prudence in circulation in the courts of the fourteenth and fifteenth centuries, in which some of the doctrines of the later rule of law were outlined." "Westminster Hall: A Retrospect." By Wil liam D. Riter. 47 American Law Review 636 (July-Aug.). A readable historical paper dealing not so much with Westminster Hall as with the dramatic side of English legal history, and with the great common law judges who added to the renown of Westminster Hall.

Biograp Witchcraft. Marriage and Divorce. "The Divorce Re ports from an American Standpoint." By J. Arthur Barratt. 13 Journal of Comparative Legislation N. S. pt. 2, p. 186 (no. 28, July). The author gives general support to the majority report of the English Divorce Com mission, and disposes effectually of the attempt of the minority to find an argument for their restrictive policy in the experience of the United States. He says: — "They totally fail to fortify their position by any substantial amount of reliable American evidence, the weight and amount of which is conclusively against their contentions. For, notwithstanding some grave abuses and an undue amount of divorces, the opinion of the Commissioners on Uniform State Laws, of the majority of twenty-eight Presidents of Bar Associations throughout the United States, and the bulk of American opinion as expressed in the public press, is overwhelmingly in favor of the causes for divorce recommended by the majority of the Royal Commissioners." Medical Jurisprudence. "The Comprachicos." By John Boynton Kaiser. 4 Journal of Criminal Law and Criminology 247 (July). An erudite investigation of the historical sources of Victor Hugo's account, in "L' Homme Qui Rit," of a people who practised the infamous craft of trading in children and mutilating them to supply the demand for court clowns, hunch backs, dwarfs, etc. Perpetuities. "Limitations of Land to Un born Generations." By Charles Sweet. 29 Law Quarterly Review 304 (July). Continuing the animated debate with Professor John Chipman Gray over Whitby v. Mitchell. See 29 Quarterly Review 26 (25 Green Bag 235). See Real Property. Pleading. See Indictments. Penology. "Prison Reform." By Lex. 38 Law Magazine and Review 358 (Aug.). A suggestive article, reviewing recent works by Gabriel Tarde, Tighe Hopkins, and Heinrich Oppenheimer. See Criminology. Procedure. "Amendments to the New York Code of Civil Procedure in 1913." 6 Bench and Bar N. S. 11 (Aug.). Reviewing the amendments of general inter est; this and similar reviews in the past have been a valuable feature of Bench and Bar. See Juries, Criminal Law and Procedure. Professional Ethics. "Legitimate Limits of Counsel in Summing Up." By Robert Ferrari. 4(July). Journal of Criminal Law and Criminology 165 "This gentleman said in the course of his speech to the jury that he had been in practice