Page:The Green Bag (1889–1914), Volume 25.pdf/96

This page needs to be proofread.


Index to Periodicals the mode — even in our sister republic across the Pacific, it is losing ground." "An Eighteenth Century Constitution — A Comment." By Dean James Parker Hall. 7 Illinois Law Review 285 (Dec). Discussing Mr. Johnstone's sugges i n the foregoing paper, the Dean of Chicago Univer sity Law School says: — "I should not disagree with his ultimate pro posal to amend the amending clause of the federal Constitution so as to permit a constitu tional amendment to be proposed by a majority of each house of Congress at two consecutive sessions, and to be adopted by the concurrent vote of a majority of the people and a majority of the states. I think, however, that the paper somewhat exaggerates the difficulty of amend ing the present Constitution, as witness the six teenth and seventeenth amendments now well on their way toward ratification; and I am quite sure that it underestimates the power the fed eral Government now has to deal with our im portant national problems." See Government, Labor. Legal History. "The Political Causes which Shaped the Statute of Uses." By Professor W. S. Holdsworth. 26 Harvard Law Review 108 (Dec.) "Professor Maitland has truly said that the Statute of Uses 'was forced upon an extremely unwilling Parliament by an extremely strongwilled king.' But I think that the evidence shows that this strong-willed king was obliged first to frighten and then to conciliate the common-lawyers in order to get the statute through the House of Commons; and that probably their opposition caused the failure of his well-considered scheme for the registration of conveyances. If this be so the action of the common-lawyers has had a large effect upon the form which the Statute of Uses and the Statute of Enrolments finally assumed, and conse quently, upon the whole of the future history of the law of real property." ' 'The Genius of the Common Law; VI, Alliance and Conquest." By Sir Frederick Pollock. 12 Columbia Law Review 659 (Dec.) See 24 Green Bag 225. See Biography. Literature. "Tales Out of Court — A Serial of the Law; I, The Resurrectionist." By Frederick Trevor Hill. Outlook, v. 102, p. 889 (Dec. 28). "The Resurrectionist" is so nicknamed because of his rare talent for bringing cases back to life when they have been given up by other lawyers as hopelessly dead. Mr. Hill's story will be enjoyed by lawyers, and his finer strokes of satire on the law's delays can be appreciated by no one else so well. A previous exploit of "The Resurrectionist," in which he achieved heroic success in freeing his client after he had been convicted of murder by four different juries, is here recounted, and we are left expectant with

85

regard to the outcome of the trial that is to come off on the morrow in the little rural county seat selected for the setting of the story. See Death by Wrongful Act. Maritime Law. "Maritime Dominion." By M. Sanford D. Cole. 46 American Law Review 855 (Nov.-Dec.). "Has not the*time come when an international conference, constituted on the widest possible basis, should be convened to consider the subject of fishery regulation, along with the settlement of general principles to govern the international aspect of the whole question of maritime dominion?" Marriage and Divorce. "Remedies for Fraudulently Inducing Marriage." 3 Bench and Bar (N. S.) 61 (Dec). A discussion of the remedies available aside from annulment of marriage on the ground of fraud, English and Canadian as well as United States authorities being considered. Minimum Wage. "The Economic Theory of a Legal Minimum Wage." By Sidney Webb. Journal of Political Economy, v. 20, p. 973 (Dec). The article will be valued because of the in formation given with regard to the successful sixteen years' trial of the minimum wage in Victoria, Australia. The argument is developed that the minimum wage conduces to higher efficiency and productivity by protecting the employer from undercutting by competitors and inciting him to select the most capable workmen. "It has been pointed out by many economists, from J. R. M'Culloch to Alfred Marshall, that at any rate so far as the weakest and most neces sitous workers are concerned, improved condi tions of employment bring with them a positive increase of production. Arguments for the minimum wage are ably presented at considerable length. "Minimum Wage Laws." By Florence Kelley. Journal of Political Economy, v. 20, p. 999 (Dec). Facts are given with regard to legislation and actual conditions in various industries, with special attention to Massachusetts. Monopolies. "Trust Regulation, I." By Albert Fink. North American Review, v. 197i p. 62 (Jan.). "The proponents of federal legislation, looking to the regulation of the prices of trust-controlled or quasi-controlled commodities, seem to rest their belief in such constitutional power of Con gress upon a presumed analogy between the fixing of the prices of commodities and the ad justment of transportation rate. ... It by no means follows that because Congress has the right to prohibit unreasonable rates it has the power to prescribe or fix rates above or below which the carrier may not charge. . . . Nor has the Supreme Court ever yet sustained the constitutionality of any law attempting to confer an absolute rate-making power upon the Com mission." See Patents.