362
The Green Bag
"The Recent Federal Census of Prisoners." By Joseph A. Hill. 3 Journal of Criminal Law and Criminology 32 (May). "There is then a fair prospect at this census of achieving results beyond those hitherto at tained in the field of federal criminal statistics. . . . Congress, however, has not felt justified in appropriating for the Census Bureau a sum sufficient to permit of the continuation of this branch of the work." "Crime and Insanity in the Twenty-first Century." By Cesare Lombroso. 3 Journal of Criminal Law and Criminology 57 (May). "In the future we will find in the few prisons, which must be maintained, schools, conferences, libraries, interviews with men of judgment and honesty, premiums for work well done. And it will be shown to the criminaloid, and to the criminal moved by passion, that nothing is done to curb him, but everything is done for his good." "Criminal Statistics, 1910." 37 Law Maga zine and Review 308 (May). See Criminal Law, Penology. Defamation. "Privilege in Defamation Actions in Australia." By James Edward Hogg. Journal of Comparative Legislation, N. S. no. 26, p. 299 (May).
General Jurisprudence. See Corporations. Government. "The New Role of the Gov ernor." By John M. Mathews. American Political Science Review 216 (May). "The open leadership of an able, responsible, and fearless Governor is becoming an effective instrumentality for the control of public policy by public opinion. Only men of unusual ability are capable of playing this new role." "The Illinois Constitution — Shall it be Amended or Shall there be a Constitutional Convention?" A Symposium. 72 Illinois Law Review 42 (May). "The Possibility of Illinois being Divided into Two States." By Charles LeRoy Brown. 7 Illinois Law Review 30 (May). "The Parliament Act of 1911." By Alfred L. P. Dennis. 6 American Political Science Re view 194 (May). "A Program of Radical Democracy." By Prof. J. McKeen Cattell. Popular Science Monthly, v. 80, p. 606 (June). "The national government being historically a federation of states may need some Constitu tion, but it does not need much of one or one very much. It would be entirely safe for the Congress to decide what the nation shall do and what shall be left to the separate states. Great Britain is better off without a written constitution." See International Law and Arbitration. Habeas Corpus. "What Shall be Done With the Writ of Habeas Corpus?" By Charles B. Elder. 7 Illinois Law Review 1 (May).
The following reforms in the Illinois system are proposed: defining the territorial jurisdiction of the courts other than the Supreme Court, provisions to prevent undue delay in disposition of habeas corpus proceedings, provisions for appellate revision, and a habeas corpus judge in each court of Cook County. "Suspension of the Writ of Habeas Corpus.1' By Edgar L. Masters. 7 Illinois Law Review 15 (May). Harlan. "The Dissenting Opinions of Mr. Justice Harlan." By Justice H. B. Brown (re tired). 46 American Law Review 321 (MayJune). "His dissents will always be referred to with a respect due to their learning, their manifest patriotism and their careful exposition of the law. Some of them will doubtless become the basis for future legislation," as in his "fellow servant "cases, "and perhaps for a reversal by the Court itself." Insurance. "Governmental Regulation of Insurance in Canada." By Avard L. Bishop. 6 American Political Science Review 175 (May).
International
Law
and Arbitration.
"The Evolution of a Permanent International Judiciary." By Dr. James Brown Scott. Ameri can Journal of International Law, v. 6, p. 316 (Apr.). "For the purpose of tracing the development from self-redress to arbitration by private con tract, and from arbitration to judicial procedure as illustrated by the growth of the Roman judiciary, I shall rely upon certain well-known writers. The facts are patent and only require to be analyzed and interpreted. . . . In 1899, the First Hague Conference uncon sciously followed Roman precedent by creating a panel or list of judges, the Roman Album Judicum, from which the temporary tribunal could be selected for the individual case "The temporary tribunal, with judges of the parties' choice, formed for the trial of a particular case, is unsatisfactory." It requires diplomacy to constitute it, and diplomacy is proverbially slow, it is a private court, it has no permanent life and therefore no continuity, and the method is expansive. The logical, but unconscious development of the temporary into the permanent international court finds its historical parallel in the conditions leading up to the establishment of the Supreme Court of the United States. "The current of history is with us, and although the stream may be stemmed for a time, obstruc tion must needs be futile." "The Development and Formation of Inter national Law" (concluded). By Ernest Nys. American Journal of International Law, v. 6, p. 279 (Apr.). "The Middle Ages even furnish examples of permanent arbitration. The perpetual peace which was concluded in 1516 between Francois
