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readily overruled by the provable importance of heading off a criminal career." "Obligatory Psychiatric Examination of Cer tain Classes of Accused Persons." By Olof Kinberg. 2 Journal of Criminal Law and Criminology 858 (Mar.). The following benefits are anticipated as cer tain to result from this system: "1. A certain number of insane persons will be discovered, and given over to a special method of treatment, and will accordingly be eliminated from the number of recidivists; "2. An important number of psychically abnormal persons will be recognized and can be disposed of in accordance with the nature of their abnormality and the degree of their danger to society; "3. The peril to society of those criminals neither insane nor abnormal may be established by the courts much more accurately than at present, and thus afford a basis of great impor tance for the measurement of punishment; "4. By the delivery of all records to a central statistical bureau, there will come into existence within a few years a full collection of casuistic materials dealing with the real criminal types of the country, which will make possible a profounder statistical basis for dealing with the problem of crime." See Penology. Defamation. "Jones v. Hulton; Three Conflicting Judicial Views as to a Question of Defamation." By Prof. Jeremiah Smith. 60 Univ. of Pa. Law Review 365 (Mar.), 461 (Apr.). Clearly bringing out the view that neither malice nor negligence is a necessary element in actionable defamation, and urging that useless legal fictions be abandoned. "While the judicial movement, in cases of physical damage, has been from imposing abso lute liability toward requiring culpability, the movement as to defamation has been the re verse. In early times, wrong intent or wrong motive was considered necessary to a recovery for defamation. This, as has been explained, was largely due to the theory as to the basis of jurisdiction in the ecclesiastical courts, at a time when the highest secular courts did not enter tain suits for defamation. After the higher secu lar courts took jurisdiction of such suits, they gradually came to regard wrong mental attitude as unessential, and, by their decisions on various points, practically treated the action for defa mation as belonging under Class 3, ante; ... an exceptional class of cases, where a man is held to act at his peril; and, if damage ensues, is absolutely liable, entirely irrespective of fault." Direct Government. See Recall of Judges. Equity Jurisdiction. See Collateral Attack. Federal and State Powers. See Interstate Commerce.

Full Faith and Credit Clause. See Res Judicata.

General Jurisprudence. See Legal History. Government. "The Supreme Court — Usurper or Grantee?" By Professor Charles A. Beard. Political Science Quarterly, v. 27, p. 1 (Mar.). Whether the framers of the Constitution in tended that the Supreme Court should pass upon the constitutionality of acts of Congress, is the question considered. The treatment is largely historical, being based upon a search in the docu ments of the period in which the Constitution was taking shape. The conclusion reached, after an impartial and unusually able study, is dif ferent from that which has figured prominently in much recent controversy. It is that in view of the principles entertained by leading members of the Constitutional convention, "it is difficult to understand the temerity of those who speak of the power asserted by Marshall in Marbury v. Mallison as 'usurpation.'" "The Progressive Unfolding of the Powers of the United States." By Governor Simeon E. Baldwin. American Political Science Review, v. 6, p. 1 (Feb.). "The construction of the 'common defense and general welfare' phrase, first used in the Articles of the Confederation, which has been generally accepted, has been that laws to that end must be confined to taxation, and to taxa tion for purposes such as fall within one, or a group of, the specially enumerated powers of Congress. It is quite within the range of pos sibility that the courts will abandon this position (which the Supreme Court has never, I believe, formally adopted), and hold that any law is valid which Congress deems appropriate to pro vide for the common defense and to promote the general welfare, provided it contravene no particular provision of the Constitution." "The State Governor, I." By John A. Fairlie. 10 Michigan Law Review 370 (Mar.). A Governor wields larger influence over legis lation through his power of disapproval than is indicated by the number of bills disapproved. Bills which it is known will be disapproved will not be passed, — or may be amended to meet the Governor's objections before their passage. Fear that the Governor may disapprove measures in which they are especially interested may also lead some members of the legislature to vote for other bills known to be favored by the Gov ernor. "The Unwritten Law and the 'Great Emer gency.' " By George Harvey. North American Review, v. 195, p. 433 (Apr.). "Why, we are asked, was not the prohibition [that no President shall serve a third term] incor porated in our written Constitution? And why should heed be paid to a 'mere sentiment'? The answer to the first question, we believe, will be found conclusive in the record presented above. History responds to the other. Our Saxon an cestors owed their freedom to the preservation of their customs, such as now constitute the