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THE GREEN BAG
Vernon Harcourt's recent assertion that a report in the Year Books was forged by Henry VII or his minions to create a pre cedent for the trial of the Earl of Warwick. Mr. Pike reaches the conclusion that the charge must at least be held not proven. HISTORY (England.) " The Profession of the Law in the Fourteenth and Fifteenth Centuries," by W. S. Holdsworth, The Law Quarterly Review (V. xxiii, p. 448). This interesting account of the early organization of the legal profession tells " The Serjeants and the Judges " and " The Apprentices of the Law and the Inns of Court." Another installment will describe " The Relation of the Inns of Court to the Serjeants and Judges" and " The Legal Profession and the Law." HISTORY (England.) " The Barristers' Roll," by W. C. Bolland, The Law Quarterly Review (V. xxiii, p. 438). A short account of its origin and development in England. HISTORY. "The Descendants of the Curia Regis," by George Burton Adams, American Historical Review (V. xiii, p. 11). HISTORY. " The Mecklenburg Declara tion: The Present Status of the Question," by A. S. Salley, Jr., American Historical Review (V. xiii, p. 16). HISTORY. " The Records of the Federal Convention," by Max Farraud, American Historical Review (V. xiii, p. 44). INTEREST. " Law of Interest — Expect ant Heirs," by K. B. Dastur, Bombay Law Reporter (V. ix, p. 273). INTERNATIONAL LAW (Eminent Do main). "Expropriation by International Ar bitration," by Charles Noble Gregory, Harvard Law Review (V. xxi, p. 23). A suggestive article on the need of some international prin ciple similar to the municipal right of eminent domain. "The right of eminent domain within a nation's boundaries, formerly rarely exercised, and then by the highest sovereign authority of the state, is now easily and constantly invoked and exercised at the suit of public service companies under statutory provisions, largely supervised by the courts. With the growth of international interdependence in stead of independent isolation, we may begin to hope for like useful functions and powers under international arbitration."
INTERNATIONAL LAW (Factors in Making It). " Equality Between Nations and Inter national Conventions," by Simeon E. Baldwin, Yale Law Journal (V. xvii, p. 21). Judge Baldwin regards the equality of nations and the holding of conventions as of the highest importance to the advancement of interna tional law. The public opinion of the world is the final tribunal and it will in the long run give fair consideration to the merits of a propo sition regardless of the importance of the one suggesting it. INTERNATIONAL LAW ( Most-fa voredNation Clause). " Effect of ' Most-favorednation Clause in Commercial Treaties," by Sir Thomas Barclay, Yale Law Review (V. xvii, p. 26). This is a paper read at the International Law Association conference at Portland. Such clauses provide that the contracting state shall enjoy all privileges which may be granted to another. But sup pose they are granted in return for some con cession on the part of the state to which they are granted? Can the contracting state claim to enjoy the privileges so conceded to its sister state without making the corresponding con cession which the latter has made? It may have already made it. What is the position in such a case? Must it concede something else as an equivalent? And if so, what? Sir Thomas Barclay traced the United States doctrine as far back as 1831, and pointed out that all treaty concessions are motived by some consideration. The results of the admis sion of the United States doctrine would be, that no privilege could be claimed under the most-favored-nation clause, unless it were granted in the first instance as a purely spon taneous favor. After discussing the cases of Bartram v. Robertson, and Whitney v. Same (124 U. S. 190), he concluded that the Ameri can interpretation could not logically be sup ported, and recommended that the Hague tribunal should be given unlimited jurisdiction in such matters. JURISPRUDENCE (Common Law or Codes). "A Century of ' Judge-Made ' Law," by William B. Hornblower, Columbia Law Review (V. vii, p. 453). This address, delivered at the Columbia Law School in June, reviews thor oughly and clearly the arguments of the friends
