2O
The Green Bag
ever suggested for determining the law ap li cable to the validity of a contract which as ever been seriously urged in a common-law court has at one time or another been adopted by the Supreme Court of the United States as the basis of its decision; that each decision has been made apparently without realizing its inconsistency with former decisions; and that many of the decisions are self-contra dictory. As is natural where the judges come from different states where different views are held, the opinion is apt to express the doctrine acce ted in the state from which the jud e came. hus, Mr. Justice Gray. in Liver poo Steam Co. v. Phenix Insurance Co., expresses in substance the rule accepted in Massachusetts; while Mr. Justice Peckham, in London Assurance v. Companhia de Moagens, ex resses the view firmly established in New Yor . It is natural that the inferior federal courts should reflect the same confusion of opinion. It would be almost impossible to make a complete citation of the decisions and dicta of these courts on the general ues tion; those cases which have been found ave been collected and classified in an appendix." See Debt, Conflict of Laws, Property and Contract. Copyright. “ Copyright." By T. Baty, D. C. L. 35 Law Magazine and Review 59 (Nov.). “If copyright, saving existing interests, were done away with tomorrow, would Mr. Hall Caine and Mr. Silas Hocking cease to write? . . . . The public wants their work in some form or other it is very certain that it will get it. . . . The publishing trade would put their heads together and agree on some cartel to maintain prices." Corporations. See Conflict of Laws, In dustrial Evolution, Interstate Commerce. Courts. " The Enfeebled Supreme Court." Editorial. World's Work, v. 19, p. 12311 (Dec.). “ It has almost always been true that some of the Justices have been more or less weakened by age; and it is and ought to be a body of venerable men. But it has not often ha pened, if it ever before ha pened, that t e
Court was capable of such little work as it is now able to do. That the AJustices should serve as lon as they please is, perhaps, the best princip e; but this principle is open to the Eractical objection that the condition of the ourt now presents. The most venerable members of the Court are incapable of sus tained labor; the calendar is crowded; im portant causes press; and the public welfare
inevitably suffers." See Lawyers’ Court. Debt. “ Imprisonment for Debt." By Lex. 35 Law Magazine and Review 8 (Nov.). A somewhat sarcastic comment on the report of a committee of the House of Com mons appointed to “ inquire into the existing law relating to the imprisonment of debtors
and to report whether any amendments are desirable.’ “ I venture to make a further suggestion with regard to these Parliamentary committees. Many of the most valuable members do not belong to the legal profession, and would be eatly assisted in their labors if they had efore them a succinct statement of what the lpresent law on the sub'ect is. . . . It is ardly possible that the ommittee on Im prisonment for Debt could have arrived at the report on which I have been commenting, if such information had been given to it. As it is the import of some of its most im rtant recommendations is rendered doubtf by its ignorance of the law." Declaration of London. “ The Inter national Naval Conference and the Declar ation of London.” By Ellery C. Stowell. American Political Science Review, v. 3, p.489 (Nov.). “ It is curious to think that although the society of states is rudimentary as et, a legislative organ has already been estab ished. It took centuries of olitical education before the human mind co d conceive of legislation, and yet the nations possess this great potential instrument of progress." Domicile.
“ Trade Domicile in War."
T. Baty, D.C.L., LL.D.
By
21 juridical Review
209 (0a.). A repl to Prof. Westlake's criticism of Dr. Baty s views in the journal of the Society of Comparative Legislation. Election Laws. “ The Last Illinois Pri mary Law Decision." By Prof. Louis May Greeley. 4 Illinois Law Review 227 (Nov.). The author takes issue with the decision of the Supreme Court of Illinois in People v. Strcusheim (240 I11. 279), and holds that “a diflerent result might perhaps have been reached, and an act of vital importance to the people of the state sustained." Employer's Liability. “ Employer's Lia bility." By Prof. Floyd R. Mechem. 4 Illinois Law Review 243 (Nov.). "The most rational solution of the whole difiiculty under resent conditions appears to me to be found) in the efforts of those who are attempting to induce both employer and employee, in consideration of the undoubted advantage to each of them, to unite in fur nishing an adequate insurance in view of the exigencies of the employment; and to eliminate entirely the question of legal liability, which is not likely to be settled to the satisfaction of either of them. "It will be a matter for sincere regret it it shall prove that the contract clause of the new Federal Employer's Liability Act will inter fere with such arrangements." Eugenics. “Mating and Medicine." By S. Squire Sprigge, M.D. Contemporary Re view, v. 96. p. 578 (Nov.).
