313
Index to Periodicals Criminology. See Sterilization of Criminals. Detection of Crime. tective Burns:
"Great Cases of De
Ulrich, A Soldier of Fortune."
By Dana Gatlin. McClure’s, v. 37, p. 51 (May). This is a valuable human document, which will interest criminolo 'sts. Burns’ story of the career of Charles F. lrich, the counterfeiter, is of intense dramatic interest.
A reply to Mr. Hastings’ article on "Law and Foroe,’ 10 Columbia Law Review 740 (23 Green Bag 93). "Korkunov is maintaining that ‘constraint is neither a fundamental, nor even a general,
attribute of juridical phenomena.’ He urges in defence of this conclusion that we can con ceive of law without constraint. ‘If society were composed only of erl'ect men, constraint would be superfluous and) unknown.’
Direct Government. "The People's Power in Oregon." By W. G. Eggleston. World's Work, v. 22, p. 14353 (May). A very sanguine account of the benefits secured by the initiative and referendum in Oregon. See Recall of Judges. Equity Practice. See Procedure. Estoppel. "Pleading Estoppel.” By Gordon Stoner. 9 Michigan Law Review 484 (Apr.). The greater portion of this first installment is occupied with an examination of common law rinciples of pleading estoppel, many old gnglish cases being dealt with; the extent to which these rules have been adopted in our own state jurisdictions is then discussed. Extra-Territoriality. "Jurisdiction Against Foreign States." By Julius Hirschfeld. 11 Journal of Comparative Legislation, no. 24 n. s., p. 300 (Mar.).
A study of the recent German case of van Helljeld, a German subject who was sued by Russia for the re-delivery of a steamer used in the Russo-Japanese war. The views of Kohler and other eminent German jurists on the issues presented by this case are summarized. "Conflicting Jurisdiction in Admiralty over Foreign Vessels." By James D. Dewell, Jr. 20 Yale Law Journal 486 (Apr.).
No doubt; but
in the meantime it would be wise to recognize that man is not perfect; and that his imperfec
tions have to be taken into account in determin ing the real significance of existing institutions. "in conclusion, I return to my starting point. There has been for some time so much sneering at Austin's work that it appears to me timely to utter a word of protest. No doubt Austin's analysis is inadequate. He does not grasp, for example, the significance of the fact that the Ruler is an organ of an organized society, and that the Rulers will is therefore an expression of a general will. We need, as T. H. Green pointed out, to combine the analysis of Austin with that of Rousseau. It remains nevertheless true that Austin's Province of Jurisprudence Determined is an enduring contribution to the literature of the subject. For clearness of thought, for vigor of analysis, for the power to stimulate the thinking power of a student, Austin's work is unsurpassed b that of any English jurist. It is true that in his analysis the element of force assumes an undue import ance; but we shall learn to do better than Austin, not by discarding the results of his labors, but by correcting those results. Beyond Austin, no doubt, but t rough Austin, lies the way of prog ress in the near future." "The Ancient Hindu and the Modern Euro pean Ideas of Sovereignty." 15 Calcutta Weekly Notes, no. 3, p. xiv, no. 4, p. xxii (Dec. 5, 12).
"The laws that were recorded in the dharma
Discussing a case recently before the United
shastras being, in the eyes of the Hindus, of
States Circuit Court, "where a woman, a subject
divine origin, they were believed to be immutable. According to Hindu theology Divinity itself was not above law, far less the King. The King had to apply the laws as he found them. His sole function was to preserve the dharma. Dharma included the rules of conduct in all spheres of life. Dharma is eternal (sanatana). Legislation in the modern sense of the term was thus out of question in a Hindu state. The Kin could neither make nor unmake laws. "he laws being essentially unalterable, the Brahmins appreciated the advantages of the concentration of all executive power in a single individual for the purpose of uttin those laws into 0 ration. It is clear rom t e great epics as wel as from the Smritis that the only form of government which they could conceive of was the monarchy. (See Sukra I, 340-344.) Yet, as is ap rent rom their conce tion of the Sovereign's unctions, nothing coul be farther from their thought than that he should be an autocrat and exercise his powers arbitrarily."
of Austria-Hungary, filed a libel against two steamers, one an English vessel, the other a
German vessel (she being a passen er on the German vessel), because of injuries 5 e received when the vessels were in collision in the harbor of Cherbourg, in the Republic of France. Ex ceptions to the jurisidction were raised by the owners of the German vessel because the libellant was not a citizen of the United States and because both vessels were foreign. The Court e‘ntertained jurisdiction, as obviously it should ave. Federal Incorporation. "Federal Regu lation of Railway Capitalization." By Arthur W. Spencer. The Trend, v. 1, p. 83 (Apr.). Favoring national incorporation of corn nies enga ed in interstate commerce, and iberal but just regulation of their finances. General Jurisprudence. "Austin, Kor kunov and Mr. Hastings- A Reply." By W. Jethro Brown, University of Adelaide. 11 Columbia Law Review 348 (Apr.).
Government.
“The Federal Courts: ‘A
Brief Outline of their Organization and June
diction Under the New ‘Judicial Code.’"
By
