Page:The Green Bag (1889–1914), Volume 25.pdf/93

This page needs to be proofread.


Jlrticles and on Topics Related of Subjects Legal Index Scienceto Periodicals

Admiralty. See Maritime Law. Banking. "Banks Deposits and Collections, I." By Ralph J. Baker. 11 Michigan Law Re view 122 (Dec.) "The particular problem to be here considered is that which arises where, after a bank deposit of money, or paper, either the bank of deposit or some other bank or individual into whose hands the money or paper subsequently passes, has become insolvent. . . . The problems liti gated in this connection may be separated into two main divisions. The one deals with the relation created when the deposit is made. This is a part of the law of contract. The other deals with the consequential rights and obligations of the parties, flowing from the possible relations which may be assumed on the deposit." Biography. "Jacques Cujas." (The Great Jurists of the World.) By Coleman Phillipson, LL.D., Litt.D. Journal of Comparative Legis lation, N. S., v. 13, part 1, no. 27, p. 87 (Oct.). Students of mediaeval history will rejoice in the full learning of this article. Cujas was born in Toulouse in 1522. France occupied the fore most place in the world in the jurisprudence of the sixteenth century, and Cujas stands out supreme in the list of the jurists of that age. He was one of the leaders of that humanist movement which, part and parcel of the Renais sance, sought to rehabilitate society by a return to Roman Law models. He was the foremost investigator and expositor of Roman Law in his time. His work has inspired successive ages, and has been "in a large measure finally em bodied in the French Civil Code, which has still more assured its perennial vitality." "Jean-Baptiste Colbert and the Codifying Ordinances of Louis XIV." (The Great Jurists of the World.) By H. A. de Colyar, K.C. Jour nal of Comparative Legislation, N.S., v. 13, part 1, no. 27, p. 56 (Oct.) Much attention is here given to the great codification of the diversified customary and written laws of France which Colbert promoted, and which was the forerunner of the Napoleonic Code, and the ordinances are described. Of Col bert himself as a jurist there is apparently not much to be said, his part in the undertaking being primarily that of a statesman and minister of state. The many accomplishments of one who has been pronounced the greatest minister in See the annals Johnson's of mankind, Impeachment. however, arc indicated. Contempt.

"Review of Contempt Pro

ceedings by Habeas Corpus." By R. E. Talbert. 46 American Law Review 838 (Nov.-Dec). Courts. "Reorganization of the Circuit and Superior Courts of Cook County, Il1." By Albert M. Kales. 7 IllinoisLaw Review 291 (Dec). Criminology. "The Foundations of Crimi nal Law." By Sir John Macdonell. Journal of Comparative Legislation, N.S., v. 13, part 1, no. 27, p. 108 (Oct.). The foundations are ethical, those existing in convention and opinion, in the prevailing philosophy of the time, and the world-wide change that has come over modern ways of thinking of crime and punishment is sketched by the hand of a master. We are, he says, in a dilemma, the prevention of crime and the reform of the criminal being in a measure in compatible. Deterrent punishment and humane measures being incompatible, we must endeavor to restore a lost harmony, resting it on the foun dation of the growing sense of justice. "Punish ment should be that which the community, or the best part of it, would approve." "Each criminal is a separate problem.' Death by Wrongful Act. "Thanatopsis." By William H. Field. 46 American Law Review 801 (Nov.-Dec). A somewhat rambling dissertation, enriched by curious lore of mythology and literature, upon the doctrine actio personalis moritur cum persona, which Lord Campbell uprooted by his act passed in 1846. Defamation. See Privacy. Direct Government. "Forestalling the Direct Primary in Oregon." By J. D. Barnett. Political Science Quarterly, v. 27, p. 648 (Dec). A narrative of the "assembly" movement since 1904. The author takes the position that the holding of party assemblies to draft platforms and suggest candidates is not illegal under the direct primary law, but extralegal. Clearly, however, it is a method of defeating the law by indirection. Evidence. "An Exception to the Hearsay Rule." By Eustace Seligman. 26 Harvard Law Review 146 (Dec). "This then, is the recognized exception: declarations of mental condition are admissible whenever a mental state is in issue. But in the case of Mutual Life Insurance Co. v. Hillmon, 145 U. S. 285, the Supreme Court took a further step and allowed in evidence declarations of intention when the fact in issue was not a mental condition, but the act intended. And it is the validity of that step that it is here sought to question."