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The Green Bag
wife in the marriage tie, of father and children, Judiciary Organization. "Reorganization of social beings and social wealth, of capital of the Circuit and Superior Courts of Cook and labor, it speaks with a voice of incomparable County." By Albert Martin Kales. 7 Illinois authority. "In most Anglo-Saxon countries, notwith Law Review 218 (Nov.). standing the numbers and the standing of the "The system of rotation among the different legal profession, and perhaps for that reason, classes of judicial work by the judges of the jurisprudence has remained in a state of astonish Superior and Circuit Courts absolutely prohibits ing medievalism, and the countries would find the judges from becoming expert in the handling advantage in a closer acquaintance with the of judicial business. The existence of such a principles of French law. The clear language system is preferred by the judges themselves which characterizes the civil code would bring and does them incalculable harm not only as an unlooked-for light to such who would read judges, but when they are obliged to return to it with open minds and serious intent." practice." Judicial Recall. "The Independence of the Legal Education. "A Morning at the Paris Judiciary, the Safeguard of Free Institutions." Law School." By Layton B. Register. 61 By William B. Hornblower. 22 Yale Law Univ. of Pa. Law Review 33 (Nov.). Journal 1 (Nov.). An animated account in lighter vein. Address delivered at Yale Law School last "The first year includes the history of law and June. constitutional law. The study of the Civil Code "The advocates of recall overlook the fact runs through all three years while political that the successors of these incompetent, ineffi economy fills an important role during the cient or corrupt judges are to be selected by first two years. Criminal and administrative the voters of the very same constituency which law are taught during the second year and a is responsible for the election of the incompetent choice may then be made between public inter or inefficient or corrupt men who are to be re national law and the Roman law of contracts. called, and the identical political bosses, or con In the third year, commercial law is covered in ventions, or primaries, which selected the re two courses. This includes such important sub called judges are to select their successors. jects as the jurisdiction of the commercial We are thus traveling in a vicious circle." courts, partnerships and corporations, carriers, sales, negotiable instruments, insurance, broker "Social Justice and the Courts." By Theo admiralty, patents, trademarks, etc. Prac dore Schroeder. 22 Yale Law Journal 19 (Nov.). age, tice, private international law and a choice be "The recall will do neither the harm nor the tween industrial law and colonial legislation are good that is prophesied, but it is coming. It is offered during the third year. The program is coming because it is in line with the slowly pro practically the same in all the law schools of gressing democratization of human institutions France, since the degrees of each are equivalent, and therefore right. What good it will do will theoretically at least." not be of the kind prophesied, but will come by Legal History. "The 125th Anniversary of indirection. It will tend to make judges more thoughtful and give voters an interest and the Drafting of the Constitution of the United opportunity for more enlightenment as to their States, 1787-1912." By Hon. Hannis Taylor. relations to their fellow men. As an educational 1 Georgetown Law Journal 1 (Nov.). force, slowly, and in the long run, it will do good, Restating the views of the author as to the and in my judgment aside from this it will do part played by Pelatiah Webster in the history of little of either good or harm." the Constitution. Judicial Review of Statute Legislation. Monopolies. "The Reason for the Con "Judicial Criticism of Legislation by Courts." tinued Uncertainty of the Sherman Act." By By Charles G. Haines. 11 Michigan Law Re Herbert (Nov.). Pope. 7 Illinois Law Review 201 view 28 (Nov.). "If judicial review of legislative acts is to remain a part of our system of government is it "The 'standard of reason which had been not likely that the dissenting justices have applied at the common law and in this country' pointed the way toward a solution which with must be rejected. The Supreme Court has in out recourse to the recall of judges or without a fact rejected many of its applications. We have limitation of jurisdiction will make judicial prac seen already that in specific instances it has, in deciding cases, disagreed with the standard of tice accord with the wishes of a people demand ing a more democratic government? Since reason as it has been applied in England and in constitutions may be interpreted so as to favor some of the states in this country. What the Sherman act really means must therefore de a wider range of discretion in legislatures with out doing violence to the English language or to pend, not upon how the standard of reason lias the honor and integrity of Courts of Justice, may been applied 'at the common law and in this we not expect that courts will more frequently country,' but upon how the Supreme Court defer to the judgment of legislatures when laws thinks it ought to have been applied. The mean are attacked which involve social or economic ing of the common law itself must first be settled by the Supreme Court before it can become a policies?"
