Page:The Green Bag (1889–1914), Volume 23.pdf/117

This page needs to be proofread.

95

Index to Periodicals as a reference library but from the bill-drafting division. See Government, Legal History. Literature. "Law from Lay Classics: The Trial of the Rebellious Diabolonians." By John Bunyon. 5 Illinois Law Review 300 (Dec.). Marriage and Divorce. "Divorce in Canada and in the United States: A Contrast." By F. P.

absolute monarch has been retained in the

Walton, Dean of Faculty of Law, McGill Uni versity. 30 Canadian Lara Times 975 (Dec.).

Journal of Criminal Law and Criminology 718

"in Canada the ancient view of ma ' e as a life-long union of a man and a woman stil holds the field, whereas in the United States marriage is coming to be regarded as a contract of a much less permanent character, which may be termi nated without much difficulty by either party. "It would appear that divorce has now become a primary necessity of life in the Republic, while in the more conservative northern half of the continent it remains the luxury of the few."

modern democracy where the executive is but

an agent of the sovereign. Last is the pervad ing influence of the analogy of ‘the divine attri bute.’" Petrology. “Crime and Punishment: The Influence of the Study of the Results of Prison Punishments on the Criminal Law." By George W. Kirchwey, Dean of Columbia Law School. 1 (Jan.). A stimulating review and comparison of the various theories of punishment. showing the emphasis which in recent times has been placed upon the reformative idea. See Pardoning Power. Pleading. “Objections to Present Illinois Pleading, with Suggested Remedies." By Prof. Clarke B. Whittier, University of Chicago, 5 Illinois Law Review 257 (Dec.).

Master and Servant. "Liability of Master for willful or Malicious Acts of Servant-I." By Floyd R. Mechem. 9 Michigan Law Review 87 (Dec.). The first of two articles dealing with the authorities bearing on the general doctrine of non-liability, marked by keen scrutiny and in telligent classification of the cases, which are copiously cited and annotated.

Mining. "The Mining Law of Ontario." By S. Price, K. C.

30 Canadian Law Times 965

(Dec.). Concluded from the last number of this journal (Z3 Green Bag 42). Newfoundland FlsherlesArbltration. “The North Atlantic Coast Fisheries Arbitration." By Robert Iansing. 59 Univ. of Pa. Law Review 119 (Dec.). A luminous summary of the various issues of

the case by one who was in attendance at the sessions of the Hague Tribunal. Old Age Pensions. "How to improve and Extend Our National Pension Scheme." By A. Carson Roberts. Nineteenth Century, v. 68, p_

The following defects are discussed in detail: (1) the requirement that the pleadings state the facts constituting a cause of action or defense; (2) permitting objections to pleadings for defects in form; (3) the separation of law and equity so far as concerns procedure; (4) the existence of forms of action; (5) the power to object to the pleadings by motions in arrest of judgment, non obstanle veredieto, or the like, or by an assign ment of error; (6) our present illiberality as to amendments.

See Criminal Procedure. Procedure. ‘“A Proposed Judicature Act for Cook County, Illinois." By Albert M. Kales. 5 Illinois Law Review 265 (Dec.). "I have had a deep-rooted desire to know what this organization 0 the English courts under the recent Judicature Acts was, and to observe how it would look if translated into Cook County. it has been my pleasure, therefore, to study the English Judicature Acts first-hand and to re model them to suit Cook County. . . . "Practically all the proposals made are utterly and hopelessly unconstitutional. This is not, however, my fault, but the fault of certain esti mable gentlemen who drafted our constitution of 1870."

957 (Dec.). See Criminal Procedure, Pleading.

Outlining a scheme for a contributory system under which a surplus would accumulate that would satisfy the requirements not only of old age pensions but of workmen's compensation

Professional Ethics. "The Lawyer: Our Old Man of the Sea." By Ignotus. Westminster Re view, v. 174, p. 671 (Dec.).

laws.

Pardoning Power. “The Grounds of Pardon in the Courts." By Prof James D. Barnett. 20 Yale Law Journal 131 (Dec.).

"It would seem that there are three causes of the persistence of the doctrine of ‘ ce' in the courts. First, on account of the t eory of the separation of powers it is diflicult for the courts logically to justify the grounds upon which pardons are usually granted, and should be granted, in actual practice. Again, language suited to the theory of the personal rule of the

“Legalisrn" is denounced as the "seamy side" of the great achievements of the English people, "a dire discredit to our race in America. ' We are told that “verdict-snatching is the most lucra tive of all the arts." Railway Rates.

“Shall Railway Rates be

Raised?" By Walker D. Hines. Outlook, v. 96, p. 815 (Dec. 10).

The burden of the expense for improvements is made one of the grounds for an increase of rates by this writer, who is chairman of the