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The Green Bag

See Constitutionality of Statutes. Legal Cause. See Torts. Legal Education. "Should the Law Teacher Practise Law?" By Albert M. Kales, with note by Dean Ezra R. Thayer. 25 Harvard Law Review 253 (Jan.). Mr. Kales argues persuasively in favor of the affirmative side of this question. Dean Thayer would himself state the advantages of law prac tice with wider reservations, though in general agreement. See Pleading, Roman Law. Legal History. "Puritanism and the Com mon Law." By Prof. Roscoe Pound. 45 Ameri can Law Renew 811 (Nov.-Dec.). "It is, however, in application and adminis tration of the law that Puritanism has produced the most serious results. The Puritan charac teristic jealousy of the magistrate has taken an extreme form and has been developed in our legal procedure as a jealousy of the j udge. 'There is,' says Bryce, 'a hearty Puritanism in the view of human nature which pervades (the Consti tution). It is the work of men who believed in original sin, and were resolved to leave open for transgressors no door which they could possibly shut.' It is hardly too much to say that the Puritan ideal state was a permanent deadlock where the individual, instructed by a multitude of rules but not co-erced, had free play of the dictates of his own reason and conscience. For our legislation exhibits an inconsistency that is part of the Puritan character. He rebelled against control of his will by state or magistrate, yet he loved to lay down rules, since he realized the intrinsic sinfulness of human nature. Accord ingly we have abundance of rules and no ade quate provision for carrying them out." "Central Courts of Law and Representative Assemblies in the Sixteenth Century." By W. S. Holdsworth, St. John's College. Oxford. 12 Columbia Law Review 1 (Jan.). "In England and in England alone the mediae val conception of the supremacy of the law was adapted to the needs of a modern state. That it could be thus adapted is due in part to the retention by the Tudors of the mediaeval mach inery of local government, but chiefly to the maintenance of the old alliance between Parlia ment and the common law." "The Mosaic Law." By Clarence A. Lightner. 10 Michigan Law Review 108 (Dec.). "For us, the importance of the Mosaic law lies in its intimate connection with the Jewish religion and its relation to Christianity. It has, on this account, exerted an influence upon mod ern peoples out of proportion to its own merits, when considered simply as a system of juris prudence." Marriage and Divorce. "Shall Congress Establish Uniform Divorce Laws?" By J. C. Wise. 11 Phi Delta Phi Brief 299 (Dec.). An argument in favor of unification.

Minnesota Rate Case. See State Control. Monopolies. "The Recent Trust Deci sions." By Henry R. Seager. Political Science Quarterly, v. 26, p. 581 (Dec.). An able discussion, which if not so illuminat ing as Mr. Raymond's article in the Harvard Law Review, noted last month (24 Green Bag 29), as an analysis of the content of the decisions, nevertheless sets forth sound views regarding their value. Municipal Corporations. "The Legal As pect of Municipal Aesthetics." By Robert A. Edgar. 18 Case and Comment 357 (Dec.). "If the reasoning of the Copley Square case [174 Mass. 476, affd. 188 U. S. 491] should be adopted, and it seems to be sound and to have met with approval whenever discussed, it would be constitutional for the legislature on making compensation, for purely aesthetic reasons, to authorize a municipality to limit the height and style of architecture of private buildings, where the purpose is a public one, such as to preserve the architectural harmony and beauty of a pub lic square, or of the surroundings of a public park or building." Other phases of the subject are discussed. "Liability of Commissioners, Supervisors, etc., for Injuries on Highway." By William M. Rockel. 73 Central Law Journal 433 (Dec. 22). A review of the authorities which shows under what conditions an available remedy at law is created. Partnership. See Contracts. Pleading. "Should Common Law Pleading be Taught in a Virginia Law School?" By Charles A. Graves. 17 Virginia Law Register 668 (Jan.). This study "possesses such cultural and dis ciplinary value as to rank with logic and meta physics." Practice. "The Trial of Cases in Pennsyl vania." By Henry B. Patton. 60 Univ. of Pa. Law Review 181 (Dec.). Dealing with the points of practice that arise from the time a case is called until the verdict of the jury has been passed upon by the trial court. Outlined particularly for the benefit of the young member of the bar who has not yet tried his first case. Prescription. "Acquisitive Prescription — Its Existing World-wide Uniformity." By Prof. Charles P. Sherman, D.C.L. 21 Yale Law Jour nal U7 (Dec.). A study of the Roman law doctrines, showing to what extent they survive in contemporary law. Procedure. See Criminal Procedure, Evi dence. Questioned Documents. See Expert Tes timony.