Page:The Green Bag (1889–1914), Volume 25.pdf/554

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Index to Periodicals Legislation. See General Jurisprudence. Legislative Policy. "The Drift in French Politics." By J. Salwyn Shapiro. American Poli tical Science Review, v. 7, p. 384 (Aug.). "So completely has the radical spirit taken possession of the French people that even the reactionaries are dominated by it; for what is a coup d'etat if not a revolutionary method of establishing a conservative government? The aristocratic spirit, driven from the body-politic, has found refuge in literature; there French tradition still rules, unbroken and unchallenged." Maritime Law. "The Hudsonian Sea is a Great Open Sea." By Thomas Willing Balch. 7(July). A merican Journal of International Law 546

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tone, and clear in its exposition and arrangement of leading principles of existing international law. Negotiable Instruments. See Uniformity of Law. Open Seas. See Maritime Law. Penology. "A Plan of Rational Treatment for Women Offenders." By Katharine Bement Davis. 4 Journal of Criminal Law and Crimi nology 402 (Sept.). "The plan includes: — "1st — The limiting of functions of all courts which deal with women solely to determining the question of her innocence or guilt. "2d — The establishment of a State Commis sion into whose care all women delinquents should be given as soon as convicted. "If the legal situation of Hudson's Bay is re "3d — This commission might consist of seven garded in the light of the historic development members — two from each of the three districts, of the gradual abandonment of the claim of into which the state would be divided, and one various states to jurisdiction over large extents commissioner at large. The commission should of the sea, and the substitution for those restric be absolutely non-political in character — prob tive claims of the principle of freedom of navi ably appointed by the Governor of the state — gation, commerce, and fishery for all nations, one each year to serve for a term of seven years, more and more over the high seas, it is perfectly and should be men and women fitted by train clear and evident that in the light of present ing and experience for so important a duty. international law, the waters of Hudson's Bay Preferably, I would have such a commission — the three-mile belt of territorial waters follow- composed of three men and four women. The lowing the contour of the shore always excepted state could be divided into three districts. The — form part of the high seas and are free to the first district to consist of Greater New York, vessels of all nations for fishing as well as navi the remainder of Long Island and Westchester gation." County; the second and third districts would Mr. Balch recommends, as a question for the comprise the remainder of the state, so divided Third Hague Conference, a re-statement of the as to give, practically, the same population to limits of territorial seas, and a convention on the each division. . . . subject, as a means of forestalling unnecessary "4th — At a central point in each district, friction in future between any two great powers but outside of a city, the commission should as a result of fishery controversies. locate a clearing house. Through those clear houses all women convicted in each district Monopolies. "Six Months of Wilson." By ing should pass. Each clearing house should have George Harvey. North American Review, v. 198, a staff consisting of an expert physician, or phy sicians, a psychologist, and field workers. As a p. 577 (Nov.). "The proviso [exempting labor-unions from result of their study of the individual cases, prosecution under the Anti-trust Act] was re the women would be assigned by the commis sion to the proper institution. The commission garded by its sponsors as a mere precursor of a would be responsible for the work of the clear definite amendment of the 'substantive statutes' to exempt one class from the punishment visited ing houses; would appoint the heads of each, upon all other classes for criminal offenses subject to civil service regulations, with the desir proviso that all scientific positions will be against the law. Already signs appear that, able encouraged by President Wilson's attitude, Mr. open to competition from any well qualified per Gompers intends to urge this explicit proposal son whatsoever, regardless of state boundaries. "5th — Co-operation should be provided for upon Congress at the coming regular session, in conformity with the prediction of Senator between the commission in charge of delinquent women and the state probation commission Hughes." whereby the latter would be directly respon "What the Sherman Anti-Trust Act has sible for the women placed on probation. All Accomplished." By Alfred Hayes. 47 American persons who were found on the clearing house examination to be of fair mentality, capable of Law Review 697 (Sept.-Oct.). and otherwise suitable for proba "If price regulation fails, government owner self-support, tion would immediately be turned over to the ship of all organizations dominant in their trade state probation commission. may be inevitable." "6th — The women's department in all our Nationality. "Basic Elements of Diplomatic county penitentiaries, in the New York work house, and in our state prison should be abol Protection of Citizens Abroad." By Edwin M. ished. Women should be detained in the county Borchard. 7 American Journal of International jails and city prisons (preferably in all of the larger cities in detention houses especially for Law 497 (July). An admirable survey of the subject seen in women) only until they have been judged guilty broad historical perspective; philosophical in by the courts.