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THE GREEN BAG

CURRENT LEGAL LITERATURE This department ii dtsigntd to call attention to tkt articlet in all tkt hading legal periodicals of the preceding month and to new lain books sent us for review

Conducted by WILLIAM C. GRAY, of Fall River, Mass. AGENCY. " General and Special Agents — Is there any Distinction as to Liability? " by R. L. McWilliams, Central Law Journal (V. Ixvii, p. 377).

CONFLICT OF LAWS. " The Nationality of a Juristic Personality," by E. Hilton Young, Harvard Law Review (V. xxii, p. i).

"The object of this article is to discuss the various answers which have been proposed to the question, What is the essential differ ence between a foreign and a domestic juristic person? or to state the question in a more practical manner, What test must be applied to distinguish between a foreign and a domes tic juristic person?"

The word " nationality " is used to imply only "purely legal consequence — that to the juristic person in question the rules of law of a certain state must be applied as its personal law." Much divergence of opinion has existed about this matter, which is dis cussed at length. A review of all the theories is impossible within the limits of this depart ment, but we may note the one now " widely accepted, that the true test of the nationality of a juristic personality is, not its place of origin, nor any other matter but its domicile, which is the permanent center of its affairs. It is perhaps in the United States alone that this theory has found no favor." Here we still hold that it is domestic in the country by the law of which its fictitious personality is created.

Three theories have been advanced as to the true situation of the domicile of a juristic person: (i) That it is at the place where it discharges its functions; (2) at that place at which it is fixed by its charter or other con stitutive documents as its seat; (3) at the place at which the center of its administra tive business is situated. This last is now the most favored opinion.

CONSTITUTIONAL LAW (Treaty-Making Power). "An Organic Conception of the

Treaty-Making Power v. State Rights as Applicable to the United States," by Charles S. Clancy, Michigan Law Review (V. vii, p. 19).

CONSTITUTIONAL LAW (see Rate Regu lation).

COURTS. "The Supreme Court of the United States and the Enforcement of State Law by State Courts," by Henry Schofield, Illinois Law Review (V. iii, p. 195).

COURTS. " The Congestion of the Special Sessions Calendar," by Hon. Willard H. Olmstead, Bench and Bar (V. xv, p. 14).

CORPORATIONS. "A Treatise on the Modern Law of Corporations with Reference to Formation and Operation under General Laws," by Arthur W. Machen, Jr., 2 vols., $12 net, Little, Brown & Co., Boston, 1908. As precedents multiply it becomes increas ingly important to subdivide our classifica tions and eliminate from a text-bock all cases that can properly be relegated to another topic. The last original work on corpora tions expanded to three fat columns. It was evidently time to swarm. From this new work of Mr. Machen 's are omitted, or treated only incidentally, many subjects we are accustomed to seek in such a work, such as its relations to the state, dissolution and reorganization and ultra vires. On the other hand it presents now in accessible form the cases relating to newly developed topics, such as incorporating under general law, underwriting, one-man companies, bonds and mortgages. The text is clearly arranged and the cases in the notes usually are briefly identified. There arc no signs of the pub lisher's padding which has infested some recent editions to make us tolerate three volumes. The author's exposition of prin ciples and discussion of cases are convincing. and as far as the reviewer could ascertain. accurate. He does not simply line up cohorts of contradictory decisions as equally author!