28
The Green Bag
"Justice in modern states is so essential to national life and its relation to the individual, that notwithstanding the settled rule of the nonresponsibility of the United States before the courts, Congress has authorized suits against the government in a great variety of cases. ... It is not apparent why Congress was not equally willing to subject the government of the Union to suit in cases of torts by its officers in the per formance of their duties or public functions, as well as for violation or breach of contract. For individual rights may be transgressed tortiously as well as ex contract-u, by officers of the govern ment under color of federal authority. In the Brazilian jurisprudence, as stated, there is no limitation of this kind in the grant of jurisdiction to the courts." Great Britain. "Impressions of British Party Politics, 1909-1911." By Alfred L. P. Dennis, University of Wisconsin. 5 American Political Science Review 509 (Nov.). A vivid, well-written review of the develop ments of the past two years, which shows familiarity with the ins and outs of English politics, and a perception of the social and eco nomic as well as the purely partisan factors in the situation. The writer s estimates are marked by great impartiality. See Direct Government, Mob-Law. Habeas Corpus. "Habeas Corpus in the Empire." By Norman Bentwich. 27 Law Quarterly Review 454 (Oct.). "A British subject takes with him into a new country the common law of England even before a regular government or any regular jurisdiction is set up. But he does not, it seems, enjoy this privilege in a protectorate. Magna ('arm may have no effect there; the law depends 'upon the foot' of the High Commissioner, and any kind of special legislation may be introduced per rescriptum principis."
Hague Conferences.
"Periodical Peace
Conferences." By M. Jarousse de Si I la i-. Am erican Journal of International Law, v. 5, p. 968 (Oct.). This somewhat vague title covers an exposi tion of the general character of the work of the Hague Conferences — more specifically, of prin ciples deducible from the Hague texts, and of work awaiting the attention of future Confer ences. Immigration. ("Crime and Immigration, Report of Committee G of the Institute, Gino C. Speranza, chairman." 2 Journal of Criminal Law and Criminology 546 (Nov.). "I believe that the American Institute of Criminal Law has not only a clear duty before it, but the means for a real service to our country if it will continue the work undertaken by this committee and increase it along these three main lines: "First, to teach the alien among us the respect of our laws and our courts by making it possible
for him to find in them equal protection and equal opportunities that are extended to the citizen. "Second, to seek ways and means to aid the efforts of foreign governments to discipline and help the current of immigration and emigration to and from our country. "Third, to co-operate with foreign govern ments in an endeavor to establish safe and reliable means to prevent criminals from coming to our country and of surrendering fugitives to the justice of foreign governments by some inexpensive and prompt proceedings." Insanity. See Criminal Insanity. International Arbitration. "Sanctions of International Arbitration." By Jacques Dumas. American Journal of International Law, v. 5, p. 934 (Oct.). A very able summary of the sanctions of in ternational arbitration. While the author recog nizes that it is earnestly to be desired that no other sanction than the force of international opinion which Elihu Root emphasizes should be needful, he shows that other sanctions, political, juridical, economic, and penal, exist in the form of remedies that can be made effective in cases of emergency. "The Hague Peace System in Operation." By James L. Tryon. 21 Yale Law Journal 32 (Nov.). "The fisheries arbitration and the eight arbi trations of the Hague Court, in about one decade of its existence, the use of the international commission of inquiry in dealing with the North Sea incident, and the mediation of President Roosevelt in the war between Russia and Japan, have shown that some features of the Hague peace system have already proved their practical success, and justified belief in the feasibility of the system as a whole." See Hague Conferences. International Law. See Codification, Hague Conferences, Legal History. Landlord and Tenant. "A Lessee's Cove nants to Repair." By Walter Strachan. 27 Law Quarterly Review 433 (Oct.). Considerations suggested by the recent de cision of the Court of Appeal in Lurcott v. Wakely, 1 K. B. 912. Lawyer and Client. "The Bar in Russian. By L. P. Rastorgoneff. 37 Law Magazine and Review 70 (Nov.). "Russian law does not recognize the division into barristers and solicitors as known in Eng land, Russian advocates conducting their cases entirely themselves from beginning to end, in cluding the execution of the judgment." Legal History. "The Reception of Roman Law in the Sixteenth Century, I." By Prof. W. S. Holdsworth. 27 Law Quarterly Review 387 (Oct.). English law for a short period following the legal renaissance of the twelfth and thirteenth
