Page:The Green Bag (1889–1914), Volume 25.pdf/249

 Index to Periodicals

Jlrticles on Topics of Legal Science and Related Subjects Age of Consent. "The Age of Consent and its Significance." By Anna Garlin Spencer. Forum, v. 49, p. 406 (Apr.). The article deals with the close relation be tween a low age of consent and the employment of young girls in prostitution. The majority of the states of the country have raised the age of consent, though not always to the age of eigh teen, which is necessary for full protection. But many states having "nominally high age limits have actually law protection" on account of lack of penalties and confusion between old and new laws. Anticipatory Breach. See Contracts. Biography. "The Remarks of the AttorneyGeneral and the Response of Mr. Judah P. Benjamin, at the Dinner in the Inner Temple Hall, London, June 30th, 1883." 1 Georgetown Law Journal 146 (Mar.). The farewell of Mr. Benjamin to the English bar. Commerce Court. "The Commerce Court Question." By Samuel O. Dunn. American Economic Review, v. 3, p. 20 (Mar.). "The foregoing discussion has led to several definite conclusions regarding the points in volved in the Commerce Court controversy. These are that as the law now stands: First, the cost of maintaining the Commerce Court is not a needless expense. Second, expedition in the hearing of rate cases is desirable, and has been increased under the Commerce Court act. Third, the present jurisdiction of the courts over ques tions of law and over mixed questions of law and fact involved in rate cases is such that ex pert knowledge on the part of the judges that decide them and uniformity in their decisions are highly desirable. Fourth, the Commerce Court has not manifested a greater tendency to interfere with the work of the commission than other federal courts have or probably would, but has upheld it in a larger proportion of cases than the circuit courts or the Supreme Court. Fifth, the court has not manifested a bias in favor of the railways, for it has decided a larger proportion of cases against them than either the circuit courts or the Supreme Court. Sixth, the Commerce Court, by holding that shippers might appeal from the commission to it, did assume a wider jurisdiction than the law gives it, but its decisions in the important cases in which it has overruled the commission have apparently fol lowed closely precedents established by the Supreme Court. The case for the court's

abolition has not been established; not, at least, on the grounds assigned. "All these things may be true, and yet the present system of federal regulation may be defec tive because of faults in the statutes which created the Interstate Commerce Commission and the Commerce Court, and under which they work. It may be that the law should make clear that the courts are not to review the commission on issues of fact at all. This unquestionably would reduce the importance of having a special court to review the commission's decisions." "The Commerce Court." By Assistant to the Attorney-General James A. Fowler. North American Review, v. 197, p. 464 (Apr.). "It is true that out of twelve cases decided by the Supreme Court on appeal from the Com merce Court ten have been reversed, but as they were the first cases heard by the Court and there were seven reversals out of eleven appeals from the circuit courts, this but demon strates that this branch of the law is an intricate one, and shows the advantage in having the cases heard by a court familiar with its principles. The court will, of course, at once adapt itself to the views of the Supreme Court, and if permitted to continue criticism of its action will doubtless soon cease." Conflict of Laws. "When will the English Courts Follow a Foreign Grant of Probate or Administration?" By E. Leslie Burgin. 29 Law Quarterly Review 38 (Jan.). "Summarizing the decisions, it may be said that unless a very strong case of inconvenience is brought to the notice of the English courts, the appointment made by the courts of the domicile will be given effect to in this country." "The Extraterritorial Force of Personal Statutes." By F. Granville Munson. 13 Colum bia Law Review 314 (Apr.). "If the idea of a statute personal, therefore, is referred to as from the civil law, it should be understood that the writer is speaking of the civil law as it once existed rather than as it exists today and merely to use a convenient term in contrasting the idea of a personal law with a law depending on territoriality." "Locus Regit Actum and Wills of Foreigners in France. By P. Gide. 29 Law Quarterly Re view 42 (Jan.). Conservation of Natural Resources. See Water Power. Consular Officers. "Rights of Consular Officers to Letters of Administration under Treaties with Foreign Nations." By Frederic R. Coudert. 13 Columbia Law Review 181 (Mar.).