Page:The Green Bag (1889–1914), Volume 25.pdf/152

This page needs to be proofread.


Index to Periodicals Privilege against Self-incrimination. "In ference from Claim of Privilege by Accused." By Walter T. Dunmore. 3 Journal of Criminal Law and Criminology 770 (Jan.). "The writer believes that the weight of prac tical considerations is all that makes it expedient to continue the privilege against compulsory selfdisclosure in criminal cases, that these practical considerations have not the same weight in connection with the inference from claim of privilege and that, in view of the extreme need in America of more certainty of punishment, the inference permitted by the Ohio amendment will be of decided value in criminal prosecutions." Procedure. "Some Suggestions as to Techni cality and Delay in the Law." By Clarence R. Wilson. 1 Georgetown Law Journal, no. 2, p. 20 (Jan.). "If by technicality is meant the strict observ ance of forms, it is inherent in any system of judicial procedure when properly administered. Lax procedure makes lax lawyers, and the result is confusion and delay. The modernized com mon law pleading is as good a system as can be devised for reaching issues to be tried by a jury; but in its last analysis the speedy and prompt administration of justice depends upon the ability and integrity of the trial judge, the skill and honesty of the lawyer, and lastly, the honesty of the litigant."

139

"Directing a Verdict for the Party Having the Burden of Proof." By Edson R. Sunderland. 11 Michigan Law Review 198 (Jan.). "The common test for directing a verdict is that stated by the Supreme Court of Minnesota in Webber v. Axtell (110 Minn. 52) in the quota tions given above, that if a verdict for one party would, if given, necessarily be set aside by the court as contrary to the evidence, then a ver dict for the other party should be peremptorily ordered by the court. This rule, which is adhered to in most jurisdictions where the scintilla doc trine does not obtain, is usually invoked against the party having the burden of proof, but if the reasoning employed herein is sound it should be equally available in favor of the party who car ries the burden of the issue." See Criminal Procedure.

Professional Standards. "Lawyer and Phy sician: A Contrast." By G. M. Stratton, former president of the American Psychological Asso ciation. Atlantic, v. 11l, p. 46 (Jan.). "The readier response, the leadership, which the medical profession shows, is not merely apparent and due to the lagging of the lawyers. There are special conditions favorable to free move ment. And first of these is the dependence of medicine upon natural science, from whose advance some motion must inevitably be caught. ... A second cause of the physicians' spirit of progress, in contrast, with the con of the bar, is that the immediate end "The New Equity Rules of the United States servatism and object of medicine is not in conflict with Courts." By Prof. John Wurts. 22 Yale Law other great social ends. The doctor does not need to heal one man at the cost of health to Journal 241 (Jan.). another. The lawyer, in extending the boundary "Contrast the way causes will be speeded here one man's right, too often must contract after with the way they have been delayed here of tofore. Until now, if a bill were filed on the another's." 12th day of January, it might happen that the "The Lawyer as a Citizen." By Walter George defendant could not be held to enter an appear ance until the first Monday in May, and then he Smith. 76 Central Law Journal 58 (Jan. 24). could not be compelled to disclose the nature of "With a provinciality that is a direct inherit even a dilatory defense until the first Monday in ance from England, he [the old-fashioned lawyer] June, and to predict the time within which a com looks with suspicion and almost contempt upon plainant could dispose of exceptions and demurrer the laws of other peoples. The common law is and plea, and force the defendant to an issue on the perfection of reason and all outside of its the merits would be" to risk one's reputation as sphere are wandering in irrational darkness, a prophet. But a light is breaking; the study of compara "Now, the defendant must file his answer tive law, the researches of such students as twenty days after service of the subpoena, and, Austin, Pollock, Maitland, Ames, Thayer, Bald as replications are abolished, except in special win and Pound are leading us along a path that cases, the cause is then at issue and ready for must result in the advantage of the entire com trial." munity and of a better educated profession." "The New Jersey Practice Act of 1912." By Edward Q. Keasbey. 22 Yale Law Journal 236 (Jan.). "The effect of the plan embodied in the statute and the rules will be to give the courts of common law much more latitude than hereto fore in dealing with cases brought before them. The courts of law and equity are necessarily distinct courts under the constitution, but this statute gives to the courts of law some powers ormcrly characteristic of equity tribunals."

Real Property. "Estates Tail in Missouri." By Manley O. Hudson. 7 IllinoisLaw Review 355 (Jan.). "It is submitted that the way is now clear for the court to say, under the statute of 1865, that primogeniture does not obtain; that the statu tory remainder is contingent in the donee's heirs of the body in general, or in special heirs of the body if designated; and that the ultimate interest is an alternate contingent remainder, limited on a definite failure of issue."