Page:The Green Bag (1889–1914), Volume 21.pdf/140

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Review of Periodicals jurisprudence of Rome. Aside from that, let us give to the jurisconsults of Rome the credit for the Maritime Law of Rome." Legal History (United States). "The Influ ence of French Law in America." By Pro fessor Roscoe Pound. 3 Illinois Law Review 354 (Jan.). "Influence of the civil law in America," concludes the writer, "has been chiefly an influence of French law. The great German jurists came too late to have much effect, and the Dutch jurists were too early. The highest development of French juristic writing in the eighteenth century and the first years of the nineteenth century was at an opportune time for American legal growth. Yet .... if there was any danger that in some juris dictions political passion and prejudice grow ing out of the Revolutionary War and ignorance of the true substance of English law would lead men to reject the common law and to receive another system in its place, it soon passed." . . . Legal History (United States). "The Lin coln-Douglas Debates and their Application to Present Problems." By Hannis Taylor. North American Review, v. 189, p. 161 (Feb.). A re-statement of the essence of the ques tions involved in the Lincoln-Douglas debates of 1858. "Against the contention of Douglas that under the doctrine of 'Popular Sovereignty', even a question so great as human slavery might be localized, stood Lincoln's conten tion that all local questions that affect all are the common concern of all. . . . Lincoln's contention . . . has become the cornerstone of our new national life." Legal Systems (Turkey). "The Legal System of Turkey." By Anton Bertram. 25 Law Quarterly Review 24 (Jan.). Readers will find this a minute and inter esting account of the new system of law which Turkey has established since 1856. The Penal Code of 1858, the two Commercial Codes, the Mejelle, or Civil Code, the Land Code of 1868 and the Codes of Procedure of 1861 and 1879, are all described. The indebted ness of Turkish to French jurisprudence is made clearly evident. Legislative Procedure (Bill-Drafting). "The Drafting of Federal Statute Law." By F. Granville Munson. 43 American Law Review 121 (Jan.-Feb.). The writer gives some concrete examples of the necessity of careful editing of proposed federal laws, and of the employment of the knowledge of trained draftsmen in framing bills.

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Legislative Procedure (Parliamentary Rules). "The Rules of the House of Repre sentatives." By A. P. Gardner, M.C. North American Review, v. 189, p. 233 (Feb.). "The United States is entering on a critical period in its legislative history. The next decade will decide the drift of affairs. Either the National House must once more become a deliberative body in the sense in which that term has been used in the past, or else the people of this country must decide between two alternatives. They may leave the power in the Speaker's hands, where it is at present, or they may destroy representative govern ment by adopting the system of Initiative and Referendum.' Medical Jurisprudence (Regulation of Medi cal Practice). "Characteristics and Constitu tionality of Medical Legislation." By H. B. Hutchins. 7 Michigan Law Review 295 (Feb.). This article presents a summary of legisla tion regulating the practice of medicine in England from earliest times up to the latest acts, and also in the United States, the laws of the several states being epitomized at some length. The latter portion of the article considers the constitutionality of statutes on the practice of medicine. Notwithstanding the attacks on medical legislation as abridging the vested rights of citizens, or as unjustly and improperly discriminating against a cer tain class, or as ex post facto, the medical legislation of the different states has on the whole been sustained as a proper and lawful exercise of the police power. On this point the author cites fifty or more decisions. The author recapitulates :— "In conclusion it may be said that if statute regulations in regard to admission to the practice of medicine, or the continuance in practice, are adopted in good faith, are reason able and operate equally upon all alike who desire to practice, may be met by reasonab'e study and application, and are such as will probably accomplish the object in view, namely, the protection of the public, then they will be declared valid by the courts, even though the conditions imposed may be rigor ous and, in the opinion of the court, inexpe dient and not such as the court would impose if called on to prescribe conditions." Negotiable Instruments. "Fictitious Payees in Forged Checks or Bills." By Professor Louis M. Greeley. 3 Illinois Law Review 331 (Jan.). The writer upholds the principles enunciated in the Illinois case of First National Bank v. Northwestern National Bank, 152 HI. 296, and argues for the rule which aUows the payor