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  On the Future of Total Theory: Science, Antiscience, and Human Candor

  Joseph Vining

  Since we will be talking about science and antiscience, let me begin by recalling the work of Erasmus Darwin, grandfather of Charles Darwin.

  Erasmus was a naturalist like his grandson. He was distinguished in his time and is well known still in his own right. But he wrote scientific works in verse, even what might be called poems. One of them was The Botanic Garden, and the best known and most effective part of it was entitled The Loves of the Plants. It was full of imagery from the classics and from biology, full of metaphor and play. Our noticing this blending of science and poetry and the absence of any sense of alienness one from the other, under the name Erasmus, may be the best way to start our inquiry here.

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  Debts, Job Choices, and Financial Burden: Educational Debts at Nine American Law Schools

  David L. Chambers

  American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $35,000 from college and law school have become the norm and debts of $40,000, $50,000 and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a vastly faster pace than the initial salaries at small law firms and government agencies. They have even risen at a faster pace than the initial salaries in many large firms. The new pattern of borrowing suggests some obvious questions. One is whether students' concerns about the burden of high debts affect the choices they are making about the kinds of jobs to seek upon graduation. Another is whether those who are borrowing these large sums are likely to have difficulty making payments after they graduate. As a small step toward answering these questions, nine law schools agreed to administer a common, brief questionnaire to the members of their graduating classes in April 1989. The nine schools, though diverse in many respects, can not be taken as representative of all American law schools, but our findings can be seen as suggestive of issues almost certainly arising in some form at nearly all American law schools. What follows is a report on the findings from the questionnaire.

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  Verdict According to Conscience: Perspectives on the English Criminal Trial Jury 1200-1800

  Thomas A. Green

  This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases the jury does not quarrel with the law but believes that the prescribed sanction is too severe. Order is imposed on the book not by time but by a unity of concern. This approach trades the continuity of a comprehensive narrative for a more detailed treatment of issues and events of particular significance.

  With one exception, these essays are not concerned with establishing the fact of nullification. No one who has studied the history of criminal law doubts that on occasion this practice occurs. (Indeed, the practice is a central topic in many of the important studies of the social history of crime that have appeared in recent years.) What interests me most is not the persistence of nullification but its imp_act through time on the substantive law, on the administration of the law, and on the ways in which Englishmen-officials, jurists, and laymen-thought about both the jury and the law. It is on these aspects that I focus, and it is that focus that makes the book (at least in the author's mind) a general social and intellectual history of an important element of English criminal law.

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  Current Studies in Japanese Law

  Whitmore Gray, Kazuo Sugeno, Walter L. Ames, Ronald G. Brown, and Richard O. Briggs

  Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law in Japan, continues to serve as a point of departure in descriptive studies of Japanese law.

  During the 1960's interest in Japan continued to develop among law faculty members, but an even more important development was the increase in the number of students coming to the law school who already had some Japanese language and area training. With these students as a nucleus, a few law schools have begun to offer work in Japanese law. Some of these courses have been taught by visiting Japanese professors, and a few are taught regularly by Americans trained in Japanese law.

  At the same time, the Japanese legal system has been studied by many non-lawyers, such as political scientists, sociologists, and anthropologists. Constitutional law, family law, and criminal law have been analyzed as political and social phenomena in studies which have gone beyond legal rules to origins and practices.

  The four papers in this volume represent these various developments. One is by a visiting scholar, two were written by students in a course dealing with Japanese law, and one is part of a doctoral thesis in anthropology.

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  The Oracles of the Law

  John P. Dawson

  Based on the lectures delivered at The University of Michigan March 12, 13, 16, 17, and 18, 1959, on The Thomas M. Cooley Lectureship, under the title "Judges: Oracles of the Law."

  This study will examine the nature and extent of the contribution that case law has made to the legal systems of England, Rome, France, and Germany. The emphasis will be historical, but the object will be to show the lasting effects of historical experience on modern usage and attitudes.

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  Comparative Conflict Resolution Procedures in Taxation: An Analytic Comparative Study

  L. Hart Wright, Jean Van Houtte, Pierre Kerlan, Helmut Debatin, James Arthur Johnstone, H. Schuttevaer, and Elizabeth G. Brown

  Tax administrators in well developed countries rarely have either occasion or opportunity to compare experiences or exchange opinions regarding procedures and practices utilized in administering complicated tax laws. Moreover, there is little comparative literature on the subject. Even the tax institutes which are internationally oriented usually focus on substantive tax principles, not procedures and practices. Hopefully, therefore, administrators in highly developed countries will find useful this analytic comparison of practices and procedures through which six of their number resolve disputable income tax questions -administratively and judicially.

  Concern for tax administrators in well developed countries, however, was not the prime motivation for this study. The initial conception grew out of the belief that administrators in countries just now developing would find especially useful an analytic comparison of diverse functioning models which had evolved out of long experience. Since these now developing countries differ from one another on many counts, it was imperative that there be equally wide dissimilarity among the several experienced countries selected as models. Thus, the choice of Belgium, France, West Germany, Great Britain, the Netherlands, and the United States. These countries differ in their size and population, the complexity and precision of their tax statutes, the degree their legislative bodies provide additional guidance through pre-enactment materials, the assessment system used (self- versus non-self-assessment systems), the standards of construction to which their courts traditionally conform, the theoretical status assigned by each to the doctrine of precedent, and the types of persons available to handle tax disputes-both within and without the government. Consequently, it was possible to determine whether such basic differences were relevant or irrelevant when choosing, from among the alternative functioning models, the structural arrangement and practices most appropriate for each level involved in the conflict resolution process.

  Also, the analytic comparison contained in the first four chapters should enable any given country to determine the extent to which diverse parts of different wholes are adaptable to its situation. The third purpose of this study is a byproduct of the first two. Practitioners engaged in international tax practice may gain a useful insight into the conflict resolution process followed in each of the six countries covered.

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  Civil Code of the Russian Soviet Federated Socialist Republic: An English Translation

  Whitmore Gray and Raymond Stults

  This book is an English translation of the Soviet Civil Code as published in Sovetskaia Iustitsiia in 1964. This book also includes the Russian original.

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  British Statutes in American Law, 1776-1836

  Elizabeth Gaspar Brown

  When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the need for a body of laws. At the same time it avoided the need to draft and enact a comprehensive body of legislation at the moment the newly independent jurisdictional entities were faced with a wide assortment of internal and external problems.

  As colonists, the citizens of these newly independent states had clamored for the untrammelled use of the English statutes and the common law and had made much of Great Britain's refusal to concede such use. After 1776 they were free to use, adapt, or reject the statutes and the common law which they had claimed as their birthright and heritage. This study is designed to show the extent to which British statutes without re-enactment were declared to be or were considered to be in force or not in force in the twenty-eight separate jurisdictions of the United States during the first sixty years of the nation's independence.

  To keep the scope of the study within reasonable limits, no substantial effort was made to learn the extent to which English statutes were re-enacted as state or territorial statutes. That this re-enactment did occur in some jurisdictions is apparent upon an examination of the early state or territorial statutes, especially those dealing with subjects such as wills or uses or waste. That such re-enactment, together with the enactment of state or territorial acts geared to local needs, lessened the use of and emphasis upon English statutes is likewise apparent. It is not irrelevant to note that codification of a jurisdiction's laws was more frequently than not coupled with a repeal of all English statutes heretofore in force.

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  Automobile Accident Costs and Payments: Studies in the Economics of Injury Reparation

  Alfred F. Conard, James N. Morgan, Robert W. Pratt Jr, Charles E. Voltz, and Robert L. Bombaugh

  The report is presented as a pool of data which will serve many purposes. First of all, the report furnishes a perspective on the largeness and the smallness of the reparation process, and of its many parts. Second, the report supplies much more specific information than has ever before been available on many points, such as the high or low level of reparation in relation to losses; the number of people who get paid, and those who receive nothing; the levels of legal expense, including attorneys' fees. Third, it will furnish a guide for future research directed to narrower questions, by disclosing what are the kinds and approximate dimensions of the phenomena which call for further examination. In order to suggest what sorts of information the report contains, and what conclusions may be drawn from it, a few of its findings are sketched in the following paragraphs. These findings have been selected from among many others as the ones most likely to be meaningful in the eyes of readers of many different kinds. Most of this summary relates to the survey of Michigan automobile accidents, which forms the major portion of this study.

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  American Enterprise in the European Common Market: A Legal Profile. Volume 1.

  Eric Stein and Thomas L. Nicholson

  The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of their clients' expanding activities, confront for the first time the problems of trading with and trading in the European Common Market. It is designed to give them an over-all picture of the new legal framework of the Market itself and of the laws of business organization, labor relations, industrial property, competition, and taxation which prevail there. With this background American lawyers should be better able to select and use the services of the European experts on whom they must, of course, depend for definitive counsel.

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  American Enterprise in the European Common Market: A Legal Profile. Volume 2.

  Eric Stein and Thomas L. Nicholson

  The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of their clients' expanding activities, confront for the first time the problems of trading with and trading in the European Common Market. It is designed to give them an over-all picture of the new legal framework of the Market itself and of the laws of business organization, labor relations, industrial property, competition, and taxation which prevail there. With this background American lawyers should be better able to select and use the services of the European experts on whom they must, of course, depend for definitive counsel.

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  Legal Education at Michigan, 1859-1959

  Elizabeth G. Brown

  First opening its doors in 1859, the University of Michigan Law School has now accumulated a full century of experience in educating young men and young women for the practice of law. Two years ago, the law faculty, taking note of the approach of the Centennial year, established a research project under the financial auspices of the William W. Cook Endowment Fund, in order to engage in a serious study of all aspects of the school's activities down the years, and to prepare a complete and definitive report on this first century of history. In charge of the project and supervising it throughout has been Professor William Wirt Blume, a long-time member of the law faculty and a legal historian of ripened experience and repute. He was fortunate in obtaining the services of Mrs. Elizabeth Brown, a law graduate who, as the research associate in immediate charge, has displayed great skill and infinite thoroughness in assembling the history, preparing the charts, graphs and statistical compilations, and writing the manuscript for the volume.

  Mrs. Brown has explored all of the pertinent records of the school and its activities, and there are at least some records from the very beginning. Her researches have covered the proceedings of the Board of Regents, the minutes of the law faculty (available from 1895 to date), committee reports of the law faculty, annual reports of the Dean to the President and Board of Regents, annual announcements of the Law School from 1883 to date, the catalogue (sometimes called the calendar) of the University of Michigan, 1859 to date, and all of the internal student and other records of the Law School itself from the date of opening the doors in October of 1859. These have served as the basic materials for this volume.

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  Atoms and the Law

  E. Blythe Stason, Samuel D. Estep, and William J. Pierce

  Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers of the Atomic Energy Commission, the censoring of scientific information, liability for radiation injuries to persons and property, patent rights, state regulatory activities, imd other areas of possible interest.

  In July 1951 the Michigan Memorial-Phoenix Project, the University's major program of research in all phases of peaceful uses of the atom, made a substantial grant in support of the proposed study of legal problems. The law faculty group, consisting at the outset of Professors Samuel D. Estep, William ]. Pierce, and the undersigned, organized and embarked upon the program. Later Professors Eric Stein and William W. Bishop were added. A small research staff was recruited and the studies were commenced, beginning with an intensive examination of the legislative history of the Atomic Energy Act of 1946.

  In the summer of 1952, an Institute on Industrial and Legal Problems of Atomic Energy was organized and held in the Law Quadrangle in Ann Arbor. This proved to be one of the earliest of the many conferences held in this country resulting from the development of atomic enterprise, and it served to give very great stimulus to the research work being carried on within the staff of the Law School. The proceedings were published by the School and were widely distributed.

  In 1956 a second summer conference was held, this time a "workshop," with a prepared agenda and working papers distributed in advance to the invited participants, who included not only lawyers but also engineers, A. E. C. staff members, scientists, health officials, and economists-a truly "inter-disciplinary" undertaking. The objective was to elicit concentrated thinking and interchange of ideas between knowledgeable people concerning atomic legal problems, and to precipitate these ideas in concrete form for the guidance of those responsible for current legal developments in the field. Again, proceedings were published and were widely distributed.

  Throughout the years manuscripts on various phases of the subject have been prepared by the research staff or by the members of the faculty engaged in the project. Little by little the materials, which now emerge as this volume entitled Atoms and the Law, took shape in manuscript ·form. Principal interest finally centered on tort liability for radiation injuries, workmen's compensation for such injuries, federal statutory and administrative provisions regulating atomic activities, state regulation of atomic energy, and finally, in the later years, the international aspects of the subject. These became principal headings in the volume which is now being published.

  As the project unfolded, those of us who were participating in it became increasingly impressed with the feeling that here was something unique in legal research, for we were engaging in a task that involved not only frontiers of the law but also one which was ever so closely interwoven with the science and technology of tomorrow. In carrying out the project, it became necessary for us to proceed as far as possible to master a new scientific field, one with a new vocabulary and a radically different set of concepts. This certainly enhanced interest in the task, not to mention increasing the difficulty of carrying it forward. In addition, it afforded us an even more fascinating prospect, namely, the possibility of creation of a center for legal studies related to the new technological world, with its great variety of new facets-automation, water resources problems, aviation, etc., thus to make our contribution in providing the legal framework to facilitate the adjustment of scientific advances to the social order of which we are a part.

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  Administrative Agencies and the Court

  Frank E. Cooper

  The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

  The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies and the parties with whom they deal; (2) to describe the criteria and techniques of administrative adjudication-what may be termed the jurisprudence of administrative tribunals-within these courtimposed standards.

  No attempt has been made to discuss the problems of administrative organization and agency management, which are of particular interest to the political scientist and specialist in government. The purpose of this volume is more modest. It is an examination of the relationship between administrative agencies and the courts, with particular reference to judicial doctrines concerning: (1) constitutional limitations on the delegation of powers to administrative agencies; (2) procedural requirements in cases where agencies exercise judicial powers; (3) procedural and substantive requirements imposed in connection with rule-making activities; (4) methods and scope of judicial review.

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  Our Legal System and How it Operates

  Burke W. Shartel

  Five lectures delivered at the University of Michigan February 23, 24, 25, 26, and 27, 1948 on the Thomas M. Cooley Lectureship, enlarged and revised.

  First, it is descriptive of the American legal system as it now exists, not of past law and not of legal systems in general. Second, it portrays the legal system as an operating institution. Third, I have given a large place to the discussion of language in relation to law. Fourth, I have given a considerable amount of space to a discussion of the ways in which statutes are made and interpreted. Fifth, technical ideas and technical terminology have been avoided as far as possible. Sixth, there is need to impart a vast deal of plain information about our legal system and how it operates. Finally, I have coupled with the textual material a variety of problems for discussion. This is in line with the problem method which we use consistently in legal instruction

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  Problems in Probate Law: Including a Model Probate Code

  Lewis M. Simes and Paul E. Basye

  The publication of the Model Probate Code, together with related monographs and appendix notes, serves a dual purpose. It is the report of a committee of the Probate Division of the American Bar Association. It is also the product of a research project carried on by the University of Michigan Law School. Mr. R. G. Patton, in his "Presentation of the Report of the Committee on Model Probate Code," printed elsewhere in this volume, has provided an appropriate preface for this publication in its first aspect.

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  The Prevention of Repeated Crime

  John B. Waite

  Though this study is concerned fundamentally with the prevention of crime, it deals only with that part of the field wherein prevention of further crime is sought through treatment of known criminals. The whole field of crime prevention is, of course, much wider than that particular part. With a reasonable degree of logical distinction, it represents five major divisions of particularized interest. The first involves the question of what activities are to be considered as crimes and ought, as such; to be prevented. The second division assumes that a crime has been committed and covers the various activities by which responsibility for its commission is fixed upon a particular individual. The third and fourth divisions assume certain activities as definitively criminal and involve the procedures by which organized society seeks to forestall their perpetration. This prophylactic, preventive activity is of two essentially different types. One type seeks to prevent crime by correcting or alleviating the social and economic conditions which cause crime through their pressure upon the individual. Of this type are efforts toward slum clearance, unemployment insurance, community facilities for lawful expenditure of surplus energies, prohibition of the manufacture or sale of intoxicating liquors. The other type of prophylactic activity, which may be called the fourth division of preventive effort, includes the preventive measures designed to operate upon the individual himself, in the hope of guiding his reactions to social and economic conditions into safe channels, or of so controlling his person in one way and another as to render his reactions harmless. This fourth division may in its turn be divided into two. One comprises all such efforts-trade-training, crime preventive medicine and surgery, teaching of temperance, education, instilling of fear-as are directed toward the group as a whole, without special regard for those who have already offended against the law. The other division comprises such activities as may be directed particularly toward prevention of repeated criminality on the part of persons who have already offended one or more times.It is this latter problem, this fifth division of crime preventive activities, with which this discussion is concerned-the problem of preventing repeated crime through treatment of the known criminal himself.

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  Cases on Principal and Agent and Master and Servant Selected from Decisions of English and American Courts

  Edwin C. Goddard

  “In the first edition of this work no effort was made to cover the subject of Master and Servant. The exigencies of the law school curriculum, if not the unity of the subjects, seem to require that Principal and Agent and Master and Servant be treated in a single course. Historically the subject of Agency grew out of the much earlier developed subject of Master and Servant. Blackstone did not use the term ‘agent’ in reference to the agency relation, nor does he recognize the subject of Agency apart from that of Master and Servant, and there only in a brief paragraph. Almost always in the older cases, and not infrequently to-day, the term ‘servant’ is used indifferently to designate one who acts for another, whether ministerially or in establishing contractual relations with third persons….

  ….The present importance of agency and its great development grow out of the fact that it is essentially a business relation, developed to meet the imperative needs of modern business.” --Preface.

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  A Selection of Cases and Other Authorities on the Law of Admiralty, Pt.1: The Jurisdiction of Admiralty Courts

  Edwin D. Dickinson

  “The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.

  In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….

  In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied by the instructor…” --Preface

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  A Selection of Cases and Other Authorities on the Law of Admiralty, Pt.2: The Maritime Law

  Edwin D. Dickinson

  “The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.

  In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….

  In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied by the instructor…” --Preface

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  A Selection of Cases and Other Authorities on the Law of Admiralty, Pt.3: The Reception and Modification of Maritime Law

  Edwin D. Dickinson

  “The following collection of cases and other authorities on the Law of Admiralty requires prefatory comment in at least two particulars.

  In the first place, the collection is incomplete. It has been necessary to keep within rather definite limits of space. Within those limits it has seemed better to develop selected topics somewhat fully, leaving out others altogether, rather than to spread the collection out over as much of the field as one would like to include….

  In the second place, the collection is tentative. There are no footnotes and such materials as are usually thus included must be supplied by the instructor…” --Preface

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  Cases on Procedure Annotated. Trial and Appellate Practice

  Edson R. Sunderland

  “A dozen years ago the present editor published a case-book for law school use on Trial Practice. It was then a subject unknown in the law school curriculum. But in the years that have passed the teaching of trial practice has become a common feature in American legal education….

  The editor’s earlier volume on Trial Practice has not been incorporated in the present book, but that subject has been entirely reorganized and rewritten. Legal Ethics in connection with trial work has been treated more adequately, new sections on the Verdict and Judgment have been added, certain topics, such as Instructing the Jury and New Trials, have been considerably condensed, new cases have been freely used whenever experience indicated the advisability of such changes, and the whole subject has been annotated more liberally than before.” --Preface

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  The Law of Sales

  John Barker Waite

  I conceive law to be the aggregation of rules which courts of justice feel themselves more or less obligated to follow in deciding controversies. To some extent these rules are formulated and declared by legislative authority. Most of them, however, have been evolved by judges themselves. These latter rules are not always easy to formulate; if they were, there would be no need for real text-books. Even the precise utterances of various judges can not always be accepted as rules. I believe that no judge has power, either practically or theoretically, to bind other judges by any declaration of rule or command, but that the only obligation felt by courts is the obligation to conform to prior judicial action. It is therefore prior judicial conduct under given circumstances which determines the action of later judges, rather than prior declarations as to what such conduct ought to be. In the great majority of cases, actual decision does accord with the mere verbal declarations of what ought to be done. But not infrequently a judge in deciding the case before him will state what he would have done had the facts been otherwise. He states what he believes to be a rule, without being called to act upon it. In many other cases judges have· rendered decisions that actually conform to prior related decisions, but have given as reason for the decision some assumed rule which is really inconsistent with the earlier ones. These dicta, therefore, can not blindly be accepted as rules of law. Rules of law, like the laws of any other science, must be deduced from a critical analysis and study of legal phenomena. And these phenomena, to my mind, are the decisions actually rendered by courts of justice. I do not mean that the comments and stated reasons of the judges may be disregarded. On the contrary, they are an intrinsic part of the phenomena of decision. They must be considered and given the fullest effect of guidance. But if one admits that, while judges may act on each case as it comes before them, they may not command other judges how to act, one must of necessity deduce the rule of action primarily from the acts themselves. Hence I have sought always for some judicial custom of decision, as indicating the rule of law more truly than does judicial speech alone.

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  The Equality of States in International Law

  Edwin DeWitt Dickinson

  The author has attempted in this volume to present the equality of states as it appears in the theory of international law and also as it is affected by common usage. Theoretical aspects of the subject are considered in chapters dealing with the sources of the principle, its origin, and its significance in the writings of modem publicists and in illustrative documents. The opinion that Grotius first established the principle in international law is examined and evidence is adduced which indicates that the opinion is erroneous. The equality of states as affected by common usage is really their inequality or status. It involves the study of internal and external factors which limit the capacity of the state as an international person in a variety of ways. Attention has been given to certain features of the organic constitution of the state and also to certain external relationships with other states which are regarded as limitations upon international legal capacity. Political capacity has been viewed as a distinct problem and the limitations of which international relationships afford illustrations have received separate consideration.

  Everything in the volume except the Supplementary Chapter was written during the World War and the manuscript was in the printer's hands before the Peace Conference assembled. The materials on the work of the Peace Conference which have since become available are considered in the Supplementary Chapter. This chapter is of necessity incomplete, but it is believed that the relevancy of the subject matter justifies its inclusion.

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  Patent Law

  John Barker Waite

  The comparatively small size of the book is not due to any conscious superficiality of treatment nor omission of pertinent subject matter. It purports to cover only the substantive law of patents, their nature, validity, effect, and their characteristics as property. Matters of procedure in securing patents or suing on them, and the difficult subject of the amount of compensation recoverable by suit, would require a volume for themselves and are not included here. But of the matter which is included, it has been my desire to present every issue which has come before the courts....

  This book is intended more particularly for the use of inventors, business men, engineers, lawyers in general practice and all that class of laymen who from time to time want information concerning their rights in respect to inventions and patents.