Page:The Green Bag (1889–1914), Volume 23.pdf/161

 Index to Periodicals ,ﬂrﬂcla on Topics of Legal Science and Relaled Subjecfs

"Too Much Expected of a Criminal Judge." By Levi Turner. 59 Univ. of Pa. Law Review 215 (Jan).

Administration of Justice. "Coddling the Criminal." By Charles C. Nott, Jr. Atlantic, v. 107, p. 164 (Feb.). "The appalling amount of crime in the United States, as compared with many other civilized countries, is due to the fact that it is known generally that the punishment for crime is un certain and far from severe. The uncertainty of punishment is largely due to the extension in our criminal jurisprudence of two principles of the common law which were originally just and reasonable, but the present application of which is both unjust and unreasonable. This change is due to the fact that under the common law an accused was deprived of many rights which he now possesses, and was subjected to many burdens and risks of which he is now relieved. But, although the reason and neces sity for the two principles referred to have long since ceased to exist, the principles are not only retained, but have been stretched and expanded to the inﬁnite impairment of the efficiency and justice of our criminal law. The two prin ciples are: That no man shall be twice put in jeo rd of life or limb for the same oﬂense; an : T at no man shall be compelled to give evidence against himself."

"The Growing Disrespect for the Law." By E. M. Grossman. 45 American Law Review 25 (_Ian.-Feb.). A study of some recent cases bearing on free dom of contract is made the basis of the charge that "defects in the substantive law are due largely to the tardiness of courts and judges to respond to the popular will." But “the doctrine of police power now comes to the rescue of the substantive law and renders it again national and popular, and an institution for service to the community as a whole." The writer also gives much attention to the reasons for popular distrust of the criminal law. “Probably the most vicious of all the shields placed in the hands of an accused against the attempts of society to vindicate its rights to peace and security is the perversion of the wholesome constitutional provision that no per son shall be compelled to testify against himself in a criminal case. . . . It was never intended as an absolute bar or even as an impediment to the detection and punishment of crime. And yet that is exactly what it has become today. nstead of bein a wholesome provision for the protection of t e innocent, it has become the means of escape for the guilty."

"I think I have said quite enough to suggest the imperative necessity of having for our county attorne s not politicians nor callow striplings in the aw, but sober, honorable, conscientious

and skilful lawyers. The community can in ﬁnitely well afford to pay for such talent. The executive officers also should be men of char acter, capability and zeal." Administrators and Executors. "Power of Personal Representative to Continue Decedent's Business." By Theodore F. C. Demarest. 24 Bench and Bar 15 (Jan.). Continued from 23 Bench and Bar 96 (23 Green Bag 91). See Survival of Actions.

Adoption.

l‘Adoption Without Consent of

Natural Parents." By Almond G. Shepard. 17 Case and Comment 391 (Jan). “Adoption statutes are humane provisions intended primarily for the protection and well being of helpless and homeless children. To effectuate this laudable object, the provisions

should be liberally construed, and the parties thereto and their privies should be denied the right to collaterally assail the proceeding." Bill of Rights.

See Cruel and Unusual Pun

ishment, Race Distinctions.

Codiﬁcation. "Fzstina Lente." By John W. 59 Univ. of Pa. Law Review 203 (jam).

Patton.

“The suggestions of this article are not, cannot be, and are not intended to be exhaus tive; nor do they lead to the conclusion that the legal maxim ‘Omm's innovalio plus novitate per iurbal quam uh'lilate prodest' is to be literally and slavishly observed.

For exam le, it may be

hoped that there will be great neﬁt from the enactment of uniform state laws appl ing to social and industrial questions that a cot the welfare of people in all parts of our country. Legislative action, however. should be based

upon demonstrated need, careful study of the proposed remedy in substance, of its constitu tionality, of the meaning of every word used in a proposed act, with a careful examination of existing decisions as well as statutes. Knowl

edge of law as well as of the English language is required and the pen of one who thin as

e