Page:The Green Bag (1889–1914), Volume 24.pdf/438

 Index to Periodicals

401

political science and comparative legislation, and should help the solution of political ques tions confronting every state that is thinking of amending its constitution.

Defending the power given the courts to de termine whether legislation is constitutional, and the independence of the judiciary now threatened by proposed popular measures.

"National Power and State Interposition, 1787-1861." By Edward S. Corwin. 10 Michi gan Law Review 535 (May).

"The Constitution and its Makers." By Senator Henry Cabot Lodge. North American Review, v. 196, p. 20 (July).

The most important discussion of the "state's rights" or state sovereignty theory that has appeared for some time. The treatment is mainly historical, the purpose being to ascertain the intent of the framers of the Constitution in the light of the important utterances of the members of the convention and later statesmen. The writer, in his handling of this evidence, makes out a strong case for federal sovereignty.

"By making the three branches of the gov ernment entirely separate and yet co-ordinate, and by establishing a representative system and creating a Supreme Court of extraordinary powers, the framers of the Constitution believed that they had made democracy not only allpowerful, but at the same time safe." See Direct Government, Legal History. Labor Unions. See Monopolies.

"Unconstitutional Laws and the Federal Judicial Power." By Charles H. Burr. 60 Univ. of Pa. Law Review 624 (June). "The assertion cannot be gainsaid, that up to the pronouncement of the decision in Marbury v. Madison, no record exists of speech or writing in which the power is questioned of the federal judiciary to declare void an unconsti tutional act of Congress. On the contrary, on every side may be found admissions and dec larations as to the existence of such a power." "A Word About Commissions." By Herbert J. Friedman. 25 HarvardLaw Review 704 (June). "The death-knell of the laissez faire doctrine that prevailed at the end of the eighteenth century and the beginning of the nineteenth century has been sounded. The commission has been instrumental in burying it. It is de veloping, as a public servant, the technical man. Commissions have been created where technical knowledge is of the greatest possible value and necessity. So long as commissions continue to give satisfaction, we must expect that the public will demand new commissions from time to time touching new branches of industry and society. And so we are rapidly coming to be governed by commissions." "Has Your State Sufficient Judges?" By Alexander B. Andrews, Jr. 60 Univ. of Pa. Law Review 643 (June). Interesting statistics are presented showing how judges are distributed in proportion to population, in various typical states and cities. "The Judicial Function." By Attorney-Gen eral George W. Wickersham. 60 Univ. of Pa. Law Review 601 (June).

Legal History. "The Pelatiah Webster Myth." By Edward S. Corwin. 10 Michgan Law Review 619 (June). The error of attributing so important a part in shaping the Constitution to Webster is ex posed in this review of Hannis Taylor's "Ori gin and Growth of the American Constitution." See also the review of this book, of similar tenor, in 25 HarvardLaw Review 747 (June, 1912). "The Genius of the Common Law; IV, En emies in the Gate." By Sir Frederick Pollock. 12 Columbia Law Review 481 (June). See 24 Green Bag 255. See Government.

Legal Interpretation. See Evidence. Legal Profession. "The Twentieth Cen tury Lawyer." By Chief Justice John B. Winslow of Wisconsin. 7 Illinois Law Review 65 (June). "The law is really the science of sciences; the science to which all others ought to contri bute. The lawyer or judge who confines his studies to abstract principles of law alone must become one-sided; he, if anyone, will justify the the criticisms now leveled at the courts and bar. In the efforts now everywhere being made which aim to minimize the differences between the the fortunate and prosperous citizen and his unfortunate and unhappy brother, to mold legal and economic conditions so that individual effort may have its due reward, and at the same time that life shall have its message of brightness and hope for all, there are many able and unselfish people from all ranks and professions who are already at work with tongue end pen, upon the platform, in the press and in legislative halls.