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LAW REVIEW
VOL. XXII.
1908–1909
CAMBRIDGE, MASS.
THE HARVARD LAW REVIEW ASSOCIATION
Copyright, 1908, 1909,
BY THE HARVARD LAW REVIEW ASSOCIATION
TABLE OF CONTENTS.
ARTICLES.
PAGE
A NEW DEVELOPMENT IN THE APPLICATION OF EXTRA-TERRITORIAL LAW TO EXTRA-TERRITORIAL MARINE TORTS. George Whitelock...... 403 A PLEA FOR STRAIGHT THINKING CONCERNING THE ENFORCEMENT OF LAWS AS THEY EXIST. John S. Sheppard, Jr.
FEDERAL TAXATION OF INTERSTATE COMMERCE. Simeon E. Baldwin.
IGNORANCE AND MISTAKE IN THE CRIMINAL LAW. Edwin R. Keedy.
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN IMMIGRATION PROCEED-
INGS. Thomas Reed Powell
427
27
75
97
LAW AND MORALS. James Barr Ames
LODE LOCATIONS: A SPECIFIC QUESTION OF EXTRALATERAL RIGHTS AND A
GENERAL THEORY OF INTRALIMITAL RIGHTS. I. A QUESTION CONCERN-
ING THE EXTRALATERAL RIGHTS INCIDent to OwneRSHIP OF A JUNIOR
LODE LOCATION WHICH PARTLY OVERLAPS A SENIOR LODE LOCATION.
II. INTRALIMITAL RIGHTS TO ORE IN LODE LOCATION. Henry Newton
Arnold
MEASURE OF DAMAGES WHEN PROPERTY IS WRONGFULLY TAKEN BY A
PRIVATE INDIVIDUAL. Hugh Evander Willis.
419
MOTIVE AS AN ELEMENT IN TORTS IN THE COMMON AND IN THE CIVIL
LAW. F. P. Walton
501
RUNNING WATER. Samuel C. Wiel
190
SHOULD THE ANTI-TRUST ACT BE AMENDED? Victor Morawetz
SOME JUDICIAL MYTHS. Francis M. Burdick
SPECIFIC PERFORMANCE, INJUNCTIONS, AND DAMAGES IN THE GERMAN LAW.
Walter Neitzel
161
STARE DECISIS AND CONTRACTUAL RIGHTS. Wilbur Larremore
THE CAPITAL OF A CORPORATION. George W. Wickersham
THE COMMODITIES CLAUSE AND THE FIFTH AMENDMENT. Learned Hand
THE EFFECT OF A NATIONAL BANKRUPTCY LAW UPON STATE LAWS.
Samuel Williston
250
547
THE FEDERAL ANTI-TRUST ACT AND MINORITY HOLDINGS OF THE SHARES OF RAILROADS BY COMPETING COMPANIES. G. Carroll Todd
THE FEDERAL EMPLOYERS' LIABILITY ACT OF 1908. -IS IT CONSTITU-
TIONAL? Frank Warren Hackett
114
38
THE GENESIS OF ROMAN LAW IN AMERICA. William Bennett Munro.
THE NATIONALITY OF A JURISTIC PERSON. E. Hilton Young
THE OBLIGATIONS OF PUBLIC SERVICES TO MAKE CONNECTIONS.
Wyman
579
I
Bruce
564
THE RESPONSIBILITY AT COMMON LAW FOR THE KEEPING OF ANIMALS. Thomas Beven
INDEX-DIGEST.
References in heavy-faced type are to NOTES and REVIEWS; in plain type to Recent Cases; and in italicized type to ARTICLES.
References in heavy-faced type are to NOTES and REVIEWS; in plain type to Recent Cases; and in italicized type to ARTICLES,
been anticipated, caused by animal | ASSESSMENT. to licensee.
APPEAL AND ERROR.
533
See Constitutional Law; Corpora-
tions; Municipal Corporations; Po-
lice Power.
ASSIGNMENTS FOR CREDIT-
ORS.
See also Bankruptcy.
Marshalling assets: Requiring mort-
gagee to foreclose against property
he has purchased before proceeding
against other mortgaged property.
ASSUMPSIT.
447 Principal's liability in assumpsit when agent has given promissory note. 56
306
Effect of state bankruptcy laws after passage of national act on questions as to which national act is silent. 549-552 Extent of congressional power.
551-553
Intent of Congress to exclude all state
action as to bankruptcy by act of
1898.
553-555
Meaning of "bankruptcy" in the con-
stitution.
557-558
What state laws are bankruptcy laws.
555-563
Jurisdiction of federal courts: Ef-
fect of dissolution of corporation by
state decree.
66
549-552
447
57
Jurisdiction over property replevied by writ of state court within four months of bankruptcy.
Jurisdiction over state receiver.
377
Jurisdiction over suit which involves
validity of creditor's claim and lien
incident thereto, and in which on
appeal the lien is alone disputed,
under act of 1898.
604
Proceedings in bankruptcy
" and
controversies arising in bankruptcy
proceedings" under act of 1898. 604
Involuntary proceedings: Right of
holder of voting trust certificate to
institute proceedings to wind up
insolvent corporation under statute
allowing any creditor or share-
holder of the corporation to do so.
609
Preferences: Effect of clearing house
rules on right of secured creditor
bank to reimburse itself from secu-
rities for disbursements made with
knowledge of bankruptcy.
140
Fraudulent conveyance of corporate
assets: what constitutes. 523, 536