The Green Bag
4O
Delivered at the Yale Commencement last June (see 22 Green Bag 490). International Law. "The Fourth Inter national Conference of American Republics." By Prof. Paul S. Reinsch. 4 American journal of International Law 777 (Oct). Despite the fact that difl'erences of opinion were insisted u on with energy and with argumentative s ill, it is gratifying to record that "it was possible to arrive at a practically unanimous agreement upon every subject of the program." "Principles of International Law Applied by the Spanish Treaty Claims Commission." By Samuel B. Crandall. 4 American journal of International Law 806 (Oct.). The Commission was constituted by Act of Congress in 1901 and finished its judicial duties in May, that 1910.it The by which it announced woullilrinciples be governed are stated, and some of the most important cases decided by it are reviewed. “The International Law Association Con fervenoe: A Survey." By Lord Chief Justice Alverstone. 9 journal of Comparative Legis lation, pt. 1, no. 23, p. 13 (Nov.).
A short, luminous survey of the recent conference (see 22 Green Bag 609). This issue of the journal of Comparative Legisla tion contains some of the important papers read on that occasion. “The International Law Association: Lon don Conference." 36 Law Magazine and Review 77 (Nov.). A short summary of this meeting, which was reported in 22 Green Bag 609. See also under special subjects, e.g. Conflict of Laws, Maritime Law, Nationality, Ne otiable Instruments, Newfoundland Fisheries rbitration.
Interstate commerce.
See Federal and
State Powers, Monopolies, Railway Rates. Judicial Administration. “A German View of English Law." By James Edward Hogg. 9 journal of Comparative Legislation, pt. 1, no. 23, p. 177 (Nov.).
A review of Dr. Gerland's "Die Englische Gerichtsverfassung" (1910). This German critic complains of the intricacy and obscurity of English case law, and of the inconvenience and wastefulness of court centralization and the circuit system. Dr. Gerland also says that English law will remain in a back ward state of development as lon as the doctrine of judicial precedent is followed. But judge-made law in England means some thing very different, Mr. Hogg points out, from judge-made law in German . In the latter country persons who in Eng and would
be termed masters, registrars, or even ar bitrators, are all styled "judges." (Cf. judge
Lewinski, . 43, infra.) Moreover, in En land the decisions of inferior courts do not ma e law. Needless to add,
Dr.
Gerland's view of
English law implies a very similar view of American law, conditions in this country being largely the same. Jury Trill. "Trial by Jury in Civil Ac tions." By Col. John W. Hinsdale. 16 Virginia Law Register 561 (Dec). This paper was read before the North Carolina Bar Association at its last annual meeting. An able paper, which refaces its recommendations with a histori review of the system of trial by jury Mr. W. S. Scott's remark (in “Should Trial by _]u in Civil Cases be Abolished?" 20 American aw Review) is quoted, regarding the successful outcome of the practice which has obtained in England ever since the institution of the Court of Chancery, and in this country during its entire history, of leaving the determina tion of questions of fact in equity cases to the bench. “There is absolutely nothing in the principles of a democracy," says Mr. Hinsdale, “which makes trial in civil actions necessary or use ul in the perpetuation of a republican form of government or in the protection of civil liberties." The defects of the system are summarized. The proposal advanced is "that all civil actions be tried by three nisi prius and thus avoid
‘udges, who shall rotate, 1 possible local influence,
prejudice, or favor." This cannot be brought about without an amendment to the state constitution rendering possible the trial of common law actions without a jury. The change proposed is recognized to be one not likely to be adopted in our generation, so the writer turns his attention to possible ways of reforming and improving upon the present system, and advocates the repeal of every exemption from jury service, restric tion of causes of challenge, empowerin judges to aid the 'ury b an expression 0 opinion upon the gacts, t e abolition of the unanimity rule so as to provide for three fourths verdicts, legislation requiring the trial judge to set aside a verdict which is against the weight of the evidence, and pro vision for appeals from every refusal to set aside a verdict manifestly against the weight of the evidence. Labor Law. “The Changing Attitude of the Courts Toward Social Legislation." By Prof. Louis M. Greeley. 5 Illinois Law
Review 222 (Nov.). Read last May at St. Louis before the National Conference of Charities and Correc tion. Discussing the constitutional aspects of the question of the eight-hour day, em
phasizing the extent to which the courts are receding from what the writer considers their former extreme position. Lawyer and Client. "The Lawyer, Our Old Man of the Sea." By Ignotus. West minsler Review, v. 174, p. 544 (Nov.).
