Page:The Green Bag (1889–1914), Volume 20.pdf/165

 THE PUBLISHER'S DEPARTMENT

SUPPLEMENT TO E. R. C. A Review of Recent Cases. The Supplement to English Ruling Cases, by Robert Campbell, English editor, and James T. Keen, American editor, is now in type. The recent decisions upon most of the important cases are fully presented; and in cases where the doctrines of the subject dis cussed have been materially modified or changed by recent decisions, the old as well as the new theories are set forth. Thus, in the law of interference with con tract, cases adjudicated within the last few months have discredited decisions upon similar facts made within the past ten years. These older decisions in turn were, when made, regarded as themselves modifying still older rules of law. For example, in Massachusetts the very recent cases of Berry v. Donovan and Pickett v. Walsh seem to have discredited the slightly older cases of May v. Wood and Rice v. Albee, which, when decided, were regarded as settling the law. So in England, Allen v. Flood, decided in 1898, is practically nullified by Quinn v. Leatham, and the line of cases which follow it. The specific tort here mentioned was, until recent times, known as malicious interference with contract. Such decisions as Walker v. Cronin and Carew v. Rutherford, leading cases in Massachusetts, make malice the gist of the action. But the more recent cases eliminate malice"as an element of the tort. See Brennan v. United Hatters, 73 N. J. Law. The law of common carriers is dealt with in great detail, and their duties to theirpassengers, shippers, servants, and third persons, are care fully analyzed. Much labor has been bestowed by Prof. Keen upon questions of pleading. Settled questions of substantive law may be easily answered from the numerous encyclopedias and text books which are at the hand of every practi tioner; but just what the plaintiff must allege in his declaration in order that it may be good on demurrer; just what evidence he must introduce to get to the jury; just how the plaintiff's prima facie case is to be met and overthrown, are questions which are in many cases not adequately answered in any other modern work.

The law of extraordinary remedies is dealt with minutely from the standpoint of pleading and evidence; the practice of the courts is set forth, and the various steps in the trial exam ined. In short, the American notes have been designed, not only to deal with matters which may be found in any comprehensive work of similar nature, but to go beyond that and treat questions of procedure which are unanswered in other works. [Price of the Supplement $5.50. (Set of English Ruling Cases and Supplement, 27 vols., $108.00.)

THE LAW OF AMERICAN CONSTITUTIONS. Mr. Stimson's forthcoming work on the Federal and State Constitutions will include a statement of constitutional principles from Magna Charta, through all the recognized con stitutional documents, down to the latest constitution — that of Oklahoma — and a historical view of important legislation em bodying constitutional principles, from 1066 to the Railroad Rate Law of 1906. It will be divided into three books. (In one volume. Cloth. $3.50.) Book I will contain a general summary, tracing the historical principles of American Constitutional Law, with special discussion of those which remain most alive to-day, such as the right of the Federal power to regulate the private rights and liberties of the people, and the right and limits of the power of a portion of the people to control the action of others, as in Labor Unions, Trusts, and Monopolies. Book II gives the history of legislation. Book III presents, under the three broad principles of Rights of the Person, Rights of Property, and Rights of Law, a concise state ment of all the propositions of all the American State constitutions in their latest develop ment, including the corresponding principles of the Federal Constitution. The volume will include also two very inter esting charts, one depicting graphically Federal and State powers, the other tracing constitu tional principles through all the Constitutional documents from Magna Charta to the Federal and State Bills of Rights.