Page:The Green Bag (1889–1914), Volume 24.pdf/607

 Index to Periodicals Jjrticles on Topics of Legal Science and Related Subjects Accord and Satisfaction. "Payment by a Stranger." By Jeffreys Collinson. 48 Canada Law Journal 513 (Oct. 1). Admiralty. "The Jurisdiction of State Courts over Maritime Vessels Engaged in Inter state and Foreign Commerce." By John E. Tracy. 75 Central Law Journal 257 (Oct. 4). "Among the fallacies which often exist in legal as well as lay minds there is no more preva lent one than the belief that the only person who can law his hands on a maritime vessel is a United States Marshal." "The Titanic Death Liability." By Joseph I. Kelly. 7 Illinois Law Review 137 (Oct.). "The British right of action being available to foreigners and being substantially the same as that conferred by American state statutes, most of which are directly modeled upon it, would now doubtless be held to be transitory in a common law action in either state or federal courts. The view here maintained is that this right of action is also enforcible in an admiralty court by a libel in personam. The advantage or disadvantage of selecting a forum in which damages are not assessed by a jury is a question with which the writer has no concern. As in dicated in the first part of this paper it is not probable that a recovery would be defeated by the success of a proceeding to limit liability." Anglo-German Cases. "Legal Procedure in Anglo-German Cases." By Julius Hirschfeld. 28 Law Quarterly Review 392 (Oct.). "The taking of evidence on commission, etc., presents no difficulties in a German lawsuit. The very opposite is the case here [in England], where one might say everything depends on viva vox, and where therefore the latter is only quite exceptionally dispensed with, not for reasons of mere convenience but for reasons of necessity." Bank Deposit Guaranty. "Bank Deposit Guaranty Legislation." By Edwin S. Oakes. 19 Case and Comment 391 (Nov.). Describing legislation in Oklahoma, Kansas, Nebraska, South Dakota and Texas, and its apparent effects. Capital Punishment. "Capital Punish ment: The Case for its Abolition." By A. F. Schuster. Nineteenth Century, v. 72, p. 732 (Oct.). "When we come to look at the facts, as far as we have the power to do so, we come upon some things which tend to make us believe that the deterrent effect of capital punishment has, to say the least of it, been greatly exaggerated."

Statistics are presented which will repay the attention of those interested in the subject. Comparative Jurisprudence. See Mohamedan Law. Contracts. "The Rescission of Executory Contracts for Partial Failure in Performance, I." By C. B. Morison. 28 Law Quarterly Re view 398 (Oct.). "One would (since the passing of the Judica ture Acts) expect to find in a harmonious system of law a single principle governing — "(a) The right to resist the enforcement of a contract, on the ground of failure of considera tion, whether such attempted enforcement were by action on the contract for damages, or by action for specific performance. "(&) The right to enforce a contract by action for damages or by action for specific performance, with compensation to the defendant (or damages, as the case may be) for any breach or failure by the plaintiff falling short of such a failure of consideration as would justify rescission. "It is submitted that the decisions in Flight v. Booth [1 Bing. N. C. 370] and Bannerman v. White [10 C. B. N. S. 844] have established such a principle." Corporations. "The Stockholders' Right to Inspect Books of the Corporation." By Albert M. Kales. 7 Illinois Law Review 155 (Oct.). "The usual and proper remedy to enforce the stockholder's right to inspect is by mandamus. Since mandamus will lie a bill in equity for the purpose of securing inspection alone will not do so, because the remedy at law is adequate. But if equity takes jurisdiction of a contro versy upon other grounds it may certainly in that suit enforce the legal right of inspection and at the same time modify it according to any principle upon which it would by injunction modify the enforcement of the legal right at law." "The Negotiation of Stock in France." By Layton B. Register. 60 Univ. of Pa. Law Review 700 (Oct.). See Legal History, Public Service Corpora tions. Criminal Law. See Capital Punishment, Procedural Reform, Public Defender. Domicile. "Domicile." By N. W. Hoyles. 48 Canada Law Journal 474 (Sept.). A brief exposition of the doctrine of domicile as established in English law. Due Process of Law. "Stare Decisis and the Fourteenth Amendment." By Charles Wallace Collins. 12 Columbia Law Review 603 (Nov.). "We may not expect a definition of the 'due process of law' and the 'equal protection' clauses of the Fourteenth Amendment. They are too vague and too elastic. This weakens the doctrine