Page:The Green Bag (1889–1914), Volume 22.pdf/507

 481

Index to Periodicals the conditions of all peoples on the face of the earth.

Homicide. "Malice Aforethought. in Deﬁni tion of Murder." By Howard J. Curtis. 19 Yale Law journal 639 (June). The author considers the standard method of charging the jury in murder trials as to the meaning of the term "malice aforethought." He reaches the final conclusion that "malice aforethou ht has no useful function outside of the in ictment, and that as to its being deﬁned in an intelligible way for the guidance of the jury as a. reco izable state of mind, it is a simple impossibr 'ty. In truth it has no meaning whatever in that sense. It is a tech nical term which is used for convenience as

covering all unlawful killings which the law deems murder." International Arbitration. "The Need of Strengthening International Law-A Japan ese Point of View for Making Arbitration Eﬁective." By Masujiro Honda. Editorial Review, v. 2, p. 567 (June). A notable appeal for the development of international law, so that questions involving national honor and vital interest may be settled in the same way as other questions giving rise to international disputes.

“Elihu Burritt."

By James Brown Scott.

Advocate of Peace, v. 72, p. 131 (June). An outline of Burritt's views, his work for

a congress and court of nations, and his agita tion for a more precise and certain formulation of the rules of international law. "War Not Inevitable." By Hon. John W. Foster. Advocate of Peace, v. 72, p. 134 (June). Urging the great importance of international arbitration, even of questions involvin "na tional honor," ex-Secretary of State I’oster reviews the origin of the controversies which grecipitated the wars in which the United tates has engaged, showing that all these wars might have been avoided by the use of prudence and conciliation. "How War is to be Abolished.” By Dean Henry Wade Rogers. Advocate of Peace, v. 72, p. 138 (June) A vigorous plea for the establishment of a permanent international court and for dis armament.

“Another Step Towards International Peace." By Hon. John W. Foster. Inde pendent, v. 68, p. 1288 (June 9). Ex-Secreta Foster considers the policy of the Unite States in submitting recent controversies to arbitration a pro r object for patriotic pride, and shows how t e friendly oﬁices of the United States in the boundary dispute between Peru and Ecuador have opened up a new era of enlarged usefulness for the Hague peace treaty.

"An International Court of Arbitral Jus tice." By James Brown Scott. Outlook, v. 95, p. 348 (June 18). Irrigation. See Waters. Labor Regulation. "The Illinois Ten-Hour Law." By S. P. Breckinridge. journal of Political Economy, v. 18, p. 465 (June). A review of the recent case of Ritchie v. People, in which the Illinois ten-hour law for women was held constitutional. Legal Fictions. “The Reasons for Some Legal Fictions." By Sidney T. Miller. 8 Michigan Law Review 623 (June). An attractive presentation of the history of some legal ﬁctions, which may be grouped in three classes, sketching some of the ﬁctions still in use. ‘ Legal History. “The Inns of Court." By W. H. Wardrope, K. C.

30 Canadian Law

Times 497 (June). A readable review of "The Inns of Court," by Hyacinthe Ringrose, D. C. L., published last year. See Legal Fictions. Legislative Procedure. “The Speaker and the House." By Asher C. Hinds. McClure's, v. 35, p. 195 (June).

A well-known authority on parliamentary law here describes the change in the powers of the Speaker of the National House of Rep resentatrves.

Lombroso. See Criminology. Marriage and Divorce. “Uniform Divorce Legislation." By Henry C. Spurr. 17 Case and Comment 17 (June).

This writer considers the differences in the divorce laws of various states to be the out growth of policies too deep-seated to be changed, and that uniformity is not so desir able as that vigilant administration of the laws which reduces the evils of fraud and perjury to the minimum. "The Law and Procedure in Divorce." By Mr. Justice Henry B. Brown of the United States Supreme Court, retired. 44 American

Law Review 321 (May-June). This paper was read last year before the Maryland State Bar Association and was rinted in Law Notes for October, 1909.

It

5 already been noticed, 21 Green Bag 631. Measure 0! Damages. "The Measure of Recovery Upon Implied and Quasi-Contracts." By Prof. Joseph H. Beale. 19 Yale Law journal 609 (June). A mreful study of four classes of cases: (1) Where there is an express contract sub stantially performed; (2) where there is an express contract unﬁrefgrmed; (3) where an express contract has rescinded; (4) where

there never was an express contract.