Page:The Green Bag (1889–1914), Volume 23.pdf/116

 94 estoppel.

The Green Bag Instances of such defeat of the legis

lative intention have been rare, but there alwa s

is the danger that a judicial slip may make t e corporation superior to the legislature which created it. “Legislative Powers that may not be Dele gated." By Chief Justice James B. Whitﬁeld, Supreme Court of Florida. 20 Yale Law Journal 87 (Dec.). . "The legislature may not delegate the general law-making power and other s iﬁc powers that are by the constitution vest exclusively in the legislature. Power to determine primarily the subjects, character and extent of governmental regulations or burdens, or to enact or to amend a law, or to change the rules of law, or to declare what the law shall be, or to exercise an unre

stricted discretion in applying a law, or to create an ofﬁce, may not be delegated by the legislature." Great Britain. “The British Elections." By “Britannicus." North American Review, v. 193, p. 99 (Jan.). An extremely interesting statement of present politiml issues and develo ments in England,

written possibly from a Li ral point of view, but with no little detachment and insight into the inner meanings of the situation. "The Question of the House of Lords." By W. S. Lilly. Nineteenth Cenlury, v. 68, p. 1011 (Dec.). An article the writer of which endeavors to support the reform of the House of Lords, which he earnestly advocates with reference to the theories of Aristotle and Kant. "The Crisis in Great Britain." By Sydney Brooks. Independent, v. 69, p. 1312 (Dec.). A short, clear statement of the issues now

before the country, by one of the best known English publicists. "Is there a Conservative Party?" By J. A. R. Marriott.

Nineteenth Century, v. 68, p. 1134

(Dec.). A strong and able paper in defence of the Con servative party from the insinuation that it 18 today “an organized hypocrisy." "Home Rule: A Live Issue." By An Outsider. Fortnightly Review, v. 88, p. 1027 (Dec.).

An informing argument in favor of Home Rule, published in a Unionist magazine. See also Federal and State Powers. For Sepa ration of Powers, see Legal History, and also p. 76 supra. Insanity. See Criminal Law. Insurance. “The Meaning of Fire in an Insur ance Policy against Loss or Damage by Fire.” By Edwin H. Abbot, Jr. 24 HarvardLaw Review, 119 (Dec.).

Juries. “The Jury System of Cook County, Illinois." Carl A. Ross. 5 Illinois Law Review 283 (Dec.). Legal Education. “The Place of English Legal History in the Education of English Law yers." By W. S. Holdsworth. 10 Columbia Law Review 723 (Dec.). tory "The of the history courts of legal and their institutions, jurisdiction, i.e., the should his

be taught at the very beginning of the student's course. . . . In this way the student will get some idea (1) of the form and mechanism of the

state, the law of which he is about to learn, and (2) of the judicial machinery by which that law has been built up. . . . In the second place the ggneral outlines of the history of the law should made part of the ﬁnal examination. This must be made part of the ﬁnal examination because it is impossible to deal adequately with the history of a technical subject till its outlines have been mastered-a fact of which Coke had some rception when he advised the student to read rst the more recent and then the earlier cases. . . . “The outlines of such knowledge must be acquired if at all in the lawyer's student days. If these outlines are then acquired they can and will be added to in later years; for historical methods and historical evidence will be familiar things, and the history of the law will not be a sealed book written in an unknown tongue." Legal History. "The Establishment of Judi cial Review—l." By Edward S. Corwin. 9 Michi gan Law Review 102 (Dec.).

The ﬁrst of two articles forming Cha ter IV of the author's work on "The Growth of udicial Review.” The author aligns himself with the opponents of Savigny, insisting on the “rational istic background of Amerimn constitutional history," and holding that the Fathers sought to apply not mere usage but "the reasoned and sifted results of human experience." It is in the li ht of this perspective that he traces the history 0 judicial limitations on legislative action in the American commonwealth. The constitutional convention is so reviewed as to show the nature of the concessions made by the states’ rights party.

“Selden as Legal Historian.” By Hamid D. Hazeltine. 24 Harvard Law Review 105 (Dec.) An account of Selden's works, his methods, his "lofty conception of history and its uses," his approach to the modern notion of social and legal development, his reliance on ancient di lo mala as preferable to printed sources. his paper is only the ﬁrst installment of an inspir mg essay on a great historical scholar. See Legal Education. Legislation. "The Legislative Reference Bureau of Pennsylvania.” By James MCKirdy.

A complete recapitulation of _the law, sus tained by a full review of authorities.

59 Univ of Pa. Law Review 151 (Dec.).

Interstate Commerce. See Federal and State Powers, Railway Rates.

The bureau was established by an Act passed in_ 1909. Hopes are expressed that much good will come not only from the use of the bureau