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The Green Bag
Equity. "The Relations between Equity and Law." By Wesley Newcomb Hohfeld. 11 Michigan Law Review 537 (June). "As against the proposition of these various scholars [Maitland and others] that there is no appreciable conflict between law and equity, the thesis of the present writer is this: while a large part of the rules of equity harmonize with the various rules of law, another large part of the rules of equity — more especially those relating to the so-called exclusive and auxiliary juris dictions of equity — conflict with legal rules and, as a matter of substance, annul or negative the latter pro tanto. As just indicated, there is, it is believed, a very marked and constantly re curring conflict between equitable and legal rules relating to various jural relations; and whenever such conflict occurs, the equitable rule is, in the last analysis, paramount and deter minative. Or, putting the matter in another way, the so-called legal rule in every such case has, to that extent, only an apparent validity and operation as a matter of genuine law. Though it may represent an important stage of thought in the solution of a given problem, and may also connote very important possibilities as to certain other, closely associated (and valid) jural rela tions, yet as regards the very relation in which it suffers direct competition with a rule of equity, such a conflicting rule of law is, pro tanto, of no greater force than an unconstitutional statute." An analytical synopsis and diagrammatic sketch, each entitled "The Position of Equity in the Legal System," which Mr. Hohfeld has been in the habit of using with his classes, are here printed. In them some of the fun damental and general problems of equity are treated, that is, "those concerning the com plicated relations and delicate interplay of rules of equity and rules of law —. while always fas cinating to students, are by no means free from intrinsic difficulty." The copious analytical synopsis is accompanied by a noteworthy array of erudite annotations. The paper deserves to be read by all students of the higher literature of legal science. Evidence. See Proof. Federal Incorporation. "The Power of Congress to Enact Incorporation Laws and to Regulate Corporations." By Victor Morawetz. 26 Harvard Law Review 667 (June). "No state can confer a legal right or franchise to act in a corporate capacity in other states, and Congress alone is vested by the Constitution with the power to legislate for the regulation of interstate and international commerce. The organization, powers, and financial condition of a trading corporation may have a direct and important relation to the transaction of inter state and international commerce, and may be of such a character as to render the commercial operations of the corporation a menace to the security and welfare of the people of all the states. A statute prohibiting the transaction of interstate commerce by means of a corporate organization which is a menace to the security of the public would seem justifiable as an exercise
of the police power over interstate commerce and as a regulation of such commerce within the meaning of the Constitution. Furthermore, if interstate and international commerce cannot be carried on in an orderly manner and with safety to the public by a multitude of corpora tions organized under the diverse and varying legislation of forty-eight different states and subject in each state to special regulations and restrictions, it would seem justifiable, under the power to regulate interstate and international commerce, to require all corporations engaging in such commerce to comply with any approp riate regulations for the protection of the public and also to confer upon all corporations comply ing with the prescribed regulations a legal right or franchise to carry on their interstate and international commerce throughout the United States, free from restrictions imposed by the several states." Foreign Affairs. "An English View of Mr. Bryan." By Sydney Brooks. North Ameri can Review, v. 198, p. 27 (July). "One's instinct is to think that so long as Mr. Bryan retains his present office there will be little talk of American intervention in Mexico; that the American protectorate over Cuba will be lightly exercised; that steps of some sort will be taken to procure or to promise self-govern ment for the Filipinos under an international guarantee of neutrality; that the 'dollar diplo macy' associated with the recent Republican regime will be abandoned; that the Monroe Doctrine will be again restricted to a purely passive and defensive role, that the United States will gradually withdraw from politicocommercial 'adventures' in the Far East; and that the spurt in European armaments will not be allowed to influence American preparations for defense. On these high matters, it is true, Mr. Bryan's is not the only, or even necessarily the deciding, voice. But his influence in shaping American policy will be very great." General Jurisprudence. See Equity, Prop erty. Government. "Political Theories of the German Idealists, I." By Prof. W. A. Dun ning, Columbia University. Political Science Quarterly, v. 28, p. 193 (June). This opening instalment deals with Kant and Fichte. "The whole trend of Kant's influence in political speculation at least, was individu alistic." "Experiments in Government and the Essen tials of the Constitution, I." By Senator Elihu Root. North American Review, v. 198, p. 1 (July). The first of two lectures delivered at Princeton University last April. (See 25 Green Bag 262.) "The Irish Home Rule Bill." By Annie G. Porritt. Political Science Quaterly, v. 28, p. 298 (June). The Asquith bill is declared not to give Ireland the fiscal independence that is essential to real home rule; not the same "measure of home rule
