Page:The Green Bag (1889–1914), Volume 24.pdf/168

 Index to Periodicals Articles on Topics of Legal Science and Related Subjects Administration of Criminal Law. "The Public Defender: The Complement of the Dis trict Attorney." By Robert Ferrari. 2 Journal of Criminal Law and Criminology 704 (Jan.). The author makes an unusually forceful and persuasive plea for the installation of the public defender. "The establishment of a public defender's office would bring about splendid results, humani tarian and financial. There would be less delay in the trial of a case; prisoners would remain in jail a shorter time, and out on bail during a shorter period of torture. This for the benefit of both guilty and innocent. But the innocent would regain their liberty sooner and the guilty would be convicted sooner. Both would get a fair trial, and the thousand and one complaints now heard would vanish into thin air. From the point of view of the community it would be advantageous because justice would be less expensive to measure out, since smaller delays, sho_rter trials would be the rule; and the expe dition, the certainty and the fairness with which the law worked would breed a higher respect for law." The question, in ourjudgment, is one solely of ways and means. There is no question of principle. The accused should be afforded the same protection by the state as the accuser; the activity of the state should seek,not to convict, but to do justice. If the instrumentality of the public defender is not the best means of realizing this principle, what other method is available? Child Labor. "The Twentieth Child." By Rheta Childe Dorr. Hampton-Columbian, v. 27, p. 793 (Jan.). "In all the Northern states the employment of children under fourteen in factories, mills or mercantile establishments is forbidden. Their employment at fourteen, in most states, is con ditional on their ability to read and write. . . . The Southern states lag behind, although in every state some kind of child labor legislation has been fought through the legislature. . . . The usual age for beginning work — legally — in the South is twelve." Constitutionality of Statutes. "The Al leged Usurpation of Power by the Federal Courts." By James B. McDonough. 46 American Law Review 45 (Jan.-Feb.). The author's contention is that no power has been usurped in deciding acts of Congress void. Conveyances. "Buying a Piece of Land." By Edward W. Faith. 46 American Law Review 60 (Jan.-Feb.) Pointing out defects in laws relating to pur chase of real estate, which defects may be remedied by legislation.

Corporations. "The United States Steel Corporation." By Edward Porritt. Quarterly Review, v. 216, no. 430, p. 177 (Jan.). An historical account of the United States Steel Corporation, of interest mainly as a thor oughgoing statement of facts. See Wills. Covenants. See Monopolies.'! Criminal Procedure. See Administration of Criminal Law. Criminology. "Lombroso's Theory of Crime." By Charles A. Ellwood. 2 Journal of Criminal Law and Criminology 716 (Jan.). "Lombroso's theory of crime was a completely biological theory, into which, especially in the later years of his life, he attempted to incorporate the social and psychological factors which are also maifestly concerned in production of crime. Lombroso believed, in other words, that the criminal was essentially an organic anomaly, partly pathological and partly atavistic. The social causes of crime were at most, according to Lombroso, simply the stimuli which called forth the organic and psychical abnormalities of the individual. While the removal of the social causes of crime constitutes the immediate practical problem before criminologists, accord ing to Lombroso, because they are the exciting causes, yet the ultimate roots of crime lie in the atavistic and degenerate heredity of the born criminal and the criminaloid, and only the extirpation of these ultimate sources of crimin ality can afford a final solution of the problem of crime. "In this organic or biological view of crime, Lombroso was, of course, in harmony with that biological monism which characterized much of the thought of the latter years of the nineteenth century. The psychological and social defects of the criminal are traced by Lombroso in every case to organic causes." See Penology. Direct Government. "Judges and Prog ress." By Theodore Roosevelt. Outlook, v. 100, p. 40 (Jan. 6). "When I was President . . . Mr. William H. Moody, afterwards Justice of the Supreme Court, . . . called my attention to the first essay in Professor Thayer's book of 'Legal Es says' on 'The Origin and Scope of the American Doctrine of Constitutional Law.' Nowhere etse is there a clearer statement both of the advan tage of conferring upon the courts the power that they possess under our system and also of the further fact that unless that power is wisely exercised it must inevitably be restrained. It is, I believe, an advantage to have fixed in the Court the power to state that a legislative act is unconstitutional; but only provided that the power is exercised with the greatest wisdom and self-restraint. If the courts continue to use it