Index to Periodicals The first three volumes to appear this autumn are as follows: "A General Survey of Events, Sources, Persons and Movements in Continental Legal History," translated from works by emi nent European authors by John H. Wigmore, Rapelje Howell, Francis S. Philbrick and John Walgren, with introductions by Oliver Wendell Holmes and Edward Jenks; "Great Jurists of the World, from Papinian to Von Ihering," by various authors; "History of French Private Law," by J. Brissaud, late Professor of Legal History in the University of Toulouse, trans lated by Rapelje Howell, of the New York Bar. The other volumes which will follow at the rate of two annually include: "History of Ger manic Private Law," by Rudolph Hiibner, of
487
the University of Rostock; "History of Conti nental Criminal Procedure," by A. Esmein, Professor in the University of Paris, and others; "History of Continental Criminal Law," by Ludwig von Bar, of the University of Gottingen; "History of Continental Civil Procedure," by Arthur Engelmann, Chief Justice of the Court of Appeals at Breslau; "History of Italian Law," by Carlo Calisse, of the Italian Council of State, translated by John Lisle, of the Philadelphia Bar; "History of French Public Law," by Jean Brissaud, late of the University of Toulouse; "History of Continental Commercial Law," by Paul Huvelin of the University of Lyon; and "The Evolution of Law in Europe," by Gabriel Tarde, Raoul de la Grasserie, and others.
Index to Periodicals ,/hliclfs on Topics of Legal Science and Related Subjects Aerial Law. "The Jurisprudence of the Air." By H. Brougham Leech. Fortnightly Review, v. 92, p. 235 (Aug.). "Subject to undefined and uncertain rights, the territorial waters of a state must still be classed among the res omnium communes. They cannot be deemed to be, as in the view of some jurists, a sort of extension of the adjacent terri tory. If that were so, they could not be freely traversed, as they are now, by foreign vessels of all descriptions. "If these principles — that of the res communis and the right of self-protection — are applied in the air, the conclusion must be that foreign aircraft have a right to traverse the atmosphere which the territory of any state sub tends, and that the Governments of the terri tories so traversed have a right to take all steps necessary for self-protection. This right can only be exercised within such a limited space as is capable of control from below — i.e., it will be measured, as in the case of the sea, by the range of the guns which are now being con structed for this purpose. We thus arrive at a zone or belt of atmosphere, corresponding to the belt of territorial waters, and an upper region of the air — the supraterritorial atmosphere corresponding with the open sea, in which the passage of aircraft is as free as that of ships upon the ocean. This is in accordance with the view generally taken by jurists." Bryan. "Mr. Bryan." By Ellery Sedgwick. Atlantic, v. 110, p. 289 (Sept.). "Mr. Bryan is an interesting man with an uninteresting mind. He has none of those
powers of generalization which lead to the larger reaches of thought; nor has he that mental flexibility which enables a man to understand a position alien to his own. His ideas are cement hardening to stone before they can take rightful shape." Capture. "Capture after Capitulation: A Juristic Anachronism." By Howard Thayer Kingsbury. 6 American Journal of International Law 650 (July). The re-actionary position of the United States, in two cases recently decided by the Supreme Court (Herrera v. U. S., 222 U. S. 558; Diaz v. U. S., 222 U. S. 574) is unfavorably criticized. Criminal Procedure. See Evidence. Direct Government. See Elective Judiciary, Judicial Recall. Elective Judiciary. "How Should Our Judges be Selected?" By George Gordon Battle. Edi torial Review, v. 7, p. 694 (Aug.). A very able argument in favor of the popular election of judges. "The judges in Massachusetts have always been appointed, and in New York they have been since 1846 elected. We think the judges of the Court of Appeals in the latter state would have little to fear in comparison with those of the Supreme Court of the State of Massachusetts. We think moreover that Church, Allen, Grover, Peckham, Folger, Earle, Ruger, Andrews and Cullen will match even the great names of Spencer, Kent, Walworth, Bronson and Cowen, the latter being appointed prior to the year 1846, the former being elected after that year."
