Index to Periodicals

flrtfcles on Topics of Legal Science and Relaled Subjecl: Aliens. "The Relation of the Alien to the Administration of the Civil and Criminal law." By Gino C. Speranza. l journal of Criminal Law and Criminology 563 (Nov.). Exposing the unfair discrimination against aliens of our laws, more particularly in New York, with justice.

concrete examples of such in

Aviation Law. "Liability for Accidents in AErial Navigation." By Simeon E. Bald win. 9 lilichigan Law Review 20 (Nov.). Governor Baldwin opposes the granting of any franchise for aviation which would carry exemption from liability to those injured by its exercise, and he regards the bill for an act regulating commerce by air ships referred last September to the Committee on Jurisprudence and Law Reform of the American Bar Association as open to objec tion. "Trespass by Aeroplane." By H. G. Meyer. 36 Law Magazine and Review 17 (Nov.). Aerial navigation will certain] bring about the destruction of the doctrine ujus est solum '11; est usqiu ad czzlum. The rule that a 'ght by an aviator over the land of another constitutes an act of trespass will surely not survive. But the present author holds to the theory which is doomed to pass away. Banking and Currency. "Banking Prob lems" Special number of Annals of American Academy of Political and Social Science, v. 36, no. 3 (Nov.). Containing a collection of most valuable pers on the monetary and banking problems of the hour, written by bankers, economists

and other experts.

Comparative Jurisprudence.

"Some Notes

on East African Native Laws and Customs." Reprinted from East Africa Protectorate Reports, v. 1. 9 journal of Comparative Legislation, pt. 1, no. 23, p. 181 (Nov.). See International Law, Marriage and Divorce, Workrnen's Compensation. conflict of LGWI. "1, Le Conflit des Lois Pemnnefles; II, Le Mariage et le Divorce;

11!, La Filiation"

By J- Champcommunal

6 Revue de Droil International Privé, no. 1,

Conservation of Natural Resources. Federal and State Powers. -

Contracts. “Essential Error." By Hector Burn Murdock. 22 juridical Review 222 (Oct.). A thorough examination of this sub'ect, treated with reference to Scots law. ive “orthodox" varieties of essential error, suffi cient to destroy the validity of contracts, are stated, but the author proceeds to formulate a classification of his own which is more minute and more logical. Criminal Procedure. “Draft Report of Committee E of the American Institute of Criminal Law and Criminology." By Pro fessors

Roscoe

Pound,

Howard

Cominued from the same review, p. 536.

L.

Smith

and W. E. Higgins. 1 journal of Criminal Law and Criminology 584 (Nov.). With respect to criminal pleading, the committee offer the following general propo sitions, with their reasons therefor:—— “I. It should be made permissible in all jurisdictions to prosecute any and every species of offense by information, after ex amination and commitment by a magistrate, permitting also prosecution by indictment with or without such examination and com rnitment. "II. Amendment of indictments and in formations should be allowed (1) as to all formal matters in any court at any time, (2) in order to prevent variance by the trial court. before or during trial upon such terms as will afford to the accused reasonable notice and opportunity to make his defense, (3) after trial, to conform to the proofs, either in the trial court or in a court of review, where

the variance was not expressly brought to the attention of the trial court w en the evidence was offered and the trial proceeded without claim by the accused that he was not properly notified of the case actually made against him. “III. The office of an indictment or in formation should be (1) to give the accused notice of the crime with which he is charged and of the case on the facts which will be made against him, (2) to set out the facts

constituting the alleged offense with sufficient exactness to support a plea of former con viction or former acquittal, as the case may be. The further office of providing a formal basis for the judgment of conviction, so that the indictment or information must set forth everything which is necessary to a complete case on paper, no longer serves any useful end,

roduces miscarriages of Justice, and

should’ be done away with."

p. 57 (jam-Mar.)

See

'

With regard to the other subject referred 1909,

to necessary the committee, technicalities thein i'=l}3!>¢“~'=m elimination Procedure» of ‘in’