Review of Periodicals that international custom, the important source of positive private international law, may rest as securely on the foundation of right as on the authority of law. This is true in an even greater degree of codified inter national law.
In all cases, whether custom
ary or codified, private international law is a phase of private law: it is able to decline po 'tely but firmly the support of the law of nations." Bill of Rights. "Prosperity with Justice." By Peter S. Grosscup, Judge of the United States. Circuit Court of Appeals. North American Review, v. 190, p. 721 (Dec.). “ The uestion now, as in 1854 (when the
Missouri
ompromise was repealed): and the
years immediately following, is one of human right. It was the institution of human slavery on American soil that at that time was the wrong that had become intolerable; and the right of every man, white or black, to eat the bread earned in the sweat of his face, the hu man right that would no longer keep down. . . . “Our present tariff policy, and our present corporation policy, twin wrongs feed ing upon twin human rights, are fast becoming institutions, and as such are fast becomin intolerable. What political organization wi take u the cause of this new attack on human rights “ The relation of the individual to pros perity in the mass cannot, I re t, remain what it is today. Either individualism will
broaden until, including every class, it comes in touch again with every interest-property interests as well as political and moral inter ests—or it will disappear, reappearing ulti mately in a form of civilization of WhlCh we have nothing except man's dreams." See Property and Contract. British Constitution. “ An Inaugural Lecture." By J. H. Millar, Professor of Constitutional Law and Constitutional His tory, University of Edinburgh. 21 jurid
ical Review 219 (Oct.). “ I do not gest that it is possible to treat of constitutional law and yet ignore the customs and conventions of the Constitution,
but I think it is plain that the uestion whether the Lords are constitutio y justified in their action, whatever it may be, is one which
falls to be decided, not by judicial authority, but by the electorate, a considerable propor tion of whom are evidentl assumed (to judge from the a ents ad ssed to them) to be as little like y to pa heed to the claims of precedent as to the rig ts of property." “ When the Door Opened: My First Report on the Exploration of the Other World." By W. T. Stead. Fortnightly Review, v. 86, p. 853 (Nov.). "All the at statesmen of the past who came throng our Open Door expressed the liveliest concern at the prospect of a conflict with the Lords over the Budget. There were
19
two exceptions- Lord Palmerston and the Duke of Wellington. I reminded Lord Palmerston that when he was Prime Minister Mr. Gladstone forced the Lords to accept the Paper Duty. His reply was concise: That was paper, now it is land.’" Conflict 0f Ll'l. " Conflict of Laws and the Enforcement of the Statutory Liability of Stockholders in a Foreign Corporation." By Edwin H. Abbot, Jr. 23 Harvard Law Review 37 (Nov.). “ The writer has discovered no American case which directly passes on this question of assent to jurisdiction by a stockholder. It seems to be assumed as a matter of course that a mere rovision for service upon non-resident stockho ders by publication, without more, will not draw after it an assent that such ser vice shall be sufiicient. . . . “ It may be, indeed, that to require non
residents as distinguished from residents to assent to such service would be unconstitu tional. This analysis would depend on the
question, whether
the
right
to
hold
stock in a domestic corporation upon the same terms as domestic stockholders is a privilege or immunity of citizens of the several states. The question is remote at present and has no place in this article. But it may become serious in the future." See Contract. Conflict of Laws. “What Law Governs the Validity of a Contract; I, The Origin and History of the Doctrine." By Prof. Joseph H. Beale. 23 Harvard Law Review 1 (Nov.). Professor Beale considers the origin and history of the doctrine that the validity of a contract is governed b the lex loci conlractus. He proposes to consi er in a subsequent ar ticle the condition of the authorities in Eng land and in the various jurisdictions of the United States,
"The influence of Judge Shaw and the power of his reasonin have been sufficient to gain considerable a erence to the doctrine that a contract is governed b the law of the place of contracting. Sti oftener the court relies on his reasoning to support the rule that the law of the place of making the contract governs, unless there is some extraordinary provision which shows that another law was contemplated. But on the whole, as will be shown, the prevailing
tendency of the American cases is to re rd the intention of the rties as contro mg; and this intention is o ten conclusively found to be in favor of the law of the place of per formance." Same Subject, II, The Present Condition of the Authorities." By Prof. Joseph H. Beale. 23 Harvard Law Review 79 (Dec.). This installment discusses the present condition of the authorities in England, in the English colonies, in the Federal courts, and in the courts of various states. “ It will thus be seen that almost every rule
