Index to Periodicals fundamental law of England. Few of those customs were as firmly established as this one of ours by uninterrupted use and universal ap proval of people and Presidents for more than a hundred years." See Recall of Judges. Husband and Wife. See Ante- Nuptial Contracts. Indeterminate Sentence. "Indeterminate Sentence and Release on Parole." (Report of Committee F of the American Institute.) By Albert H. Hall. 2 Journal of Criminal Law and Criminology 832 (Mar.). "The Minnesota law, together with the rules and regulations of the board appointed there under, meets most of the objections that hither to have been raised to such measures, and we believe furnishes a practicable and workable plan, and with efficient and wise administra tion will work out justice to both society and its offending members, and promote the welfare of both. . . . "The principle and system of imposing a sen tence of indefinite or undetermined duration of confinement as punishment for crime, and the conditional release therefrom on parole, the granting of the parole and final termination of the restraint to be determined by a governing board within the limits prescribed by law, has been demonstrated beyond question as a marked advance in penal administration." A feature of the report is a synoptical compara tive table exhibiting the chief provisions of the statutes of Indiana, Connecticut, Michigan, Massachusetts, New Hampshire, Illinois, Colo rado, Kentucky and Iowa. See Penology. Intent. See Defamation. International Arbitration. "The Pendding Arbitration Treaty with Great Britain." By W. C. Dennis. 60 Univ. of Pa. Law Review 388 (Mar.). An extended criticism of the various objections to the treaty. Interstate Commerce. "State Taxation of Interstate Commerce, II." By H. J. Daven port. Political Science Quarterly, v. 27, p. 64 (Mar.). "The state can reach the unearned increments" in the case of property employed in interstate commerce "only to the extent to which these may be reached through the general ad valorem property tax. . . . Under our law as at present declared, and under any probable declaration of that law, it must lie solely with the federal authority to make good the social claims to this particular fraction of the social estate." Judgments. See Collateral Attack. Legal Education. "The Strength of the American Law Schools." By Dr. Richard Henry Jesse. 21 Yale Law Journal 391 (Mar.). "Until law schools in the United States gen erally require for admission four years in the
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high school and at least two in a college of arts, they cannot be classed with those in any of the countries named in our first paragraph, if Eng land alone be for a moment excepted. Do our schools generally do this? Nay, verily; for per haps three-fourths of them do not really exact anything beyond ability to read and write, man hood, an application, and a fee." Legal History. "The Genius of the Com mon Law; I, Our Lady and her Knights." By Sir Frederick Pollock. 12 Columbia Law Review 189 (Mar.). "II, The Giants and the Gods.1' Ibid., p. 291 (Apr.). See p. 255 supra. "The Origin of Assumpsit." By George F. Deiser. 25 Harvard Law Review 428 (Mar.). "The Statute of Westminster II was in a sense the first adventure of the common-law proce dure in broad, general classification. If it were within the scope of this essay, we might trace the action of trespass on the case until assumpsit was given a separate existence, and trespass on the case became the remedy for enforcing the payment of damages for breach of duty. It is desired to make clear at this point only, that breach of a promise, agreement, or undertaking was regarded, even in the earliest cases, as at the most a very doubtful trespass; the agree ments, contracts, undertakings, fell naturally and easily into the broad and flexible remedy afforded by the statute, and the development of assumpsit as a separate action was a matter only of time and the frequency of litigation over broken promises. When once this is understood, it is an easy matter to follow the subsequent development of assumpsit in Mr. Ames' History of Assumpsit." See Defamation. Malice. See Defamation. Marriage and Divorce. See Ante-Nuptial Contracts. Monopolies. "Restraint on Trade, II." By Roland R. Foulke. 12 Columbia Law Review 220 (Mar..). See p. 250 supra. "The Spirit behind the Sherman Anti-Trust Law." By Charles A. Boston. 21 Yale Law Journal 341 (Mar.). "To the extent that bigness disestablishes or threatens to disestablish justice, threatens do mestic tranquility, prevents the common de fense, disturbs the g_eneral welfare, and deprives or bids fair to deprive this generation and pos terity of the blessings of liberty, just so far is it a meanace, and just so far should it be forcibly interrupted by law. Seldom is it possible to define precisely any dangerous line. In building, a margin of safety is always provided; in bank ing, a reserve. It is not unreasonable to pro vide by law a safe margin, within the danger line, which bigness can not pass. In the anti trust law, this was provided by the condemna tion of the acts having the dangerous tendency which is was designed to prevent."
