The Green Bag
118
perspective, and showing the reciprocal relations of its parts—of the great permanent
If classic poets had their generous patrons in the past, how much more should you gentle
principles which underlie all sound legislation
men, who do the work,
and which should control and inform all our magnum opus,‘ but not more of yourself and the distinguished collaborators who are to be associated with you, than of that man or woman whom God has blessed with riches
backer who will make the doing of it possible? It is a rare opportunity to serve the world, to win the gratitude of civilization, to achieve a worthy and laudable immortality. Surely if able and competent men are ready to furnish the brains for the performance of this gigantic
and who with large vision and with larger heart,
task, there must be those who will count it
plans and thus gives for the welfare of humanity.
a privilege and an honor to finance it.
social and civil life.
It will be, indeed, a
have a generous
Review of Periodicals" flrtlcles on Topics of Legal Science and Related Subjects Adjudication. See Judicial Interpretation, Stare Decisis. Administrative Law. See Courts. Aliens. “The Relation of the Citizen Domi ciled in a Foreign Country to his Home Gov einment." By Everett P. Wheeler. 3 Ameri can journal of International Law 869 (Oct.). “Protection and alle ‘ance, it has been said, are reciprocal. T e uniform ractice
of the United States and of Great
ritain,
as well as of other civilized countries, has
been to extend a protecting arm over their citizens in foreign countries. This is indeed a necessary incident to the comity of nations. . . .
Appeals. “The Decision of Moot Cases by Courts of Law." By P. Granville Munson. 9 Columbia Law Review 667 (Dec.). “What, in general, are the advantages or
disadvantages of moot appeals? There is surprisingly little reasoning on this question. The advantages are patent—the promulga tion of a rule by the highest court for the guidance of the inferior courts on questions which may never or rarely go to the highest court in a strictly judicial way, but which are constantlyarising in theinferiorcourts. . . . In an editorial based on this article, the New York Law journal (v. 42, p. 1024, Dec. 10, 1909) comments:—
"There is of course, a certain force in the point that the court ma not have the assist ance of the argument 0 counsel, but, on the other hand, it should be remembered that the
- Periodicals issued later than the first day of
the month in which this issue of the Gran Bog went to press are not ordinarily covered in this department.
question is heard not by a single judge, but by a bench of judges, and it is im robable that any consideration of weight wi escape the attention of all of them. . . . “Of course the most efficacious remedy for the uncertainty of criminal law would be thagvprovided by a clause of the Constitution of yoming, adopted in 1889, to the effect that if a judgment be reversed for error of law the accused shall not be deemed to have been in jeopardy. Mr. Munson,shows in his article that the courts of Connecticut have accomplished the same end by interpretation and without constitutional amendment, it being held (State v. Lee, 65 Conn., 265, 273) that there ma be a second trial after a ver dict of not gui ty. . . . "It would seem that in every common wealth, either the defence of
‘second jeop
ardy’ should be modified, as has been done by constitutional amendment in Wyoming, or a method of settling the principles of crimi nal law, as broad as that contem lated by
section 935 of the Code of the istrict of Columbia, should be recognized." Codification. "Uniformity of Commercial Law on the American Continent." By Pro fessor
Roscoe
Pound.
(Read
before
the
Pan-American Scientific Congress at San tiago, Chile, December 30, 1909.) 8 Michi gan Law Review 91 (Dec.) "There is today more uniformity in com mercial law than in any other field of the law. But the causes which have tended and are still tending to localize the civil law in every country have been operating powerfully upon commercial law. . . . "The pro ession from law merchant to civil law an the incorporation of the former in the latter gives to the one the local, one might say the provincial character of the other. Just as the jus gentium became simply a source of what was distinctly Roman law, and the law merchant, when incorporated
