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LAW REVIEW
VOL. XXI.
1907-1908
CAMBRIDGE, MASS.
THE HARVARD LAW REVIEW ASSOCIATION
Copyright, 1907, 1908,
BY THE HARVARD LAW REVIEW ASSOCIATION
THE UNIVERSITY PRESS, CAMBRIDGE, U.S.A.
TABLE OF CONTENTS.
ARTICLES.
AGREED VALUATION AS AFFECTING THE LIABILITY OF COMMON CARRIERS
FOR NEGLIGENCE. Henry Wolf Biklé .
COLLATERAL ATTACK ON INCORPORATION. B. IN GENERAL. Edward H.
Warren
COMMON LAW AND LEGISLATION. Roscoe Pound
CONSTITUTIONAL QUESTIONS INVOLVED IN THE COMMODITY CLAUSE OF THE HEPBURN ACT. William Draper Lewis
CONTEMPT OF COURT, CRIMINAL AND CIVIL. Joseph H. Beale.
CONTRIBUTORY NEGLIGENCE. Francis H. Bohlen
DUE PROCESS OF LAW AND THE EIGHT-HOUR DAY. Learned Hand
ENFORCEMENT OF A RIGHT OF ACTION ACQUIRED UNDER FOREIGN LAW
FOR DEATH UPON THE HIGH SEAS. I, II. G. Philip Wardner.
EXPROPRIATION BY INTERNATIONAL ARBITRATION. Charles Noble Gregory
NON-CONTENTIOUS JURISDICTION IN GERMANY. Walter Neitzel
NOTE, TO THE NEXT STEP IN THE EVOLUTION OF THE CASE-BOOK. Eugene Wambaugh
REASONABLENESS OF MAXIMUM RATES AS A CONSTITUTIONAL LIMITATION
UPON RATE REGULATION. Frank M. Cobb.
PAGE
32
305
383
595
161
233
495
1,75
RIGHT OF A Stockholder, SUING IN BEHALF OF A CORPORATION, TO COм-
PLAIN OF MISDEEDS OCCURRING PRIOR TO HIS ACQUISITION OF STOCK.
Murray Seasongood
195
THE CLOG ON THE EQUITY OF REDEMPTION. Bruce Wyman
459
THE NEXT STEP IN THE EVOLUTION OF THE CASE-BOOK. Albert Martin
Kales..
THE CONFUSION IN THE LAW RELATING TO MATERIALMEN'S LIENS ON VES-
SELS. Fitz-Henry Smith, Jr.
332
92
THE ORIGIN OF USES AND TRUSTS. James Barr Ames.
THE RELATION OF JUDICIAL DECISIONS TO THE LAW. Alexander Lincoln 120
THE TEST OF CONVERSION. George Luther Clark.
UNIFORMITY OF LAW IN THE SEVERAL STATES AS AN AMERICAN IDEAL.
I. CASE LAW, II. STATUTE LAW, III. CASE LAW VERSUS STATUTE
LAW, IV. STATE COURTS VERSUS FEDERAL COURTS. William Scho-
field
416, 510, 519, 583
WHAT CONSTITUTES AN EXPRESS WARRANTY IN THE LAW OF SALES.
Samuel Williston .
555
INDEX-DIGEST.
References in heavy-faced type are to NOTES and REVIEWS; in plain type to RECENT CASES; and in
italicized type to ARTICLES. Criticisms of articles in other publications are also indicated in the
annual periodical index which follows this index.
AFFIDAVITS.
See New Trial.
AGENCY.
292
371
297
141
See also Arbitration and Award; At-
torneys: Master and Servant.
Scope of agent's authority: Agent for letting and sale, making sale to a tenant he has procured.
Misappropriating agent receiving re-
turn of the misappropriated funds
with knowledge that a preference is
intended.
Principal's liability to third per-
sons in contract: Defense to con-
tract obtained by bribery of the
agent.
541
Principal's liability for acts of in-
dependent contractor: Negli-
gence of foreman licensed under
statute.
284
Agent's right against principal: Collection agent's right in funds from which he may deduct a com- mission. 287
Estate agent's rights to commission on
sale by landlord to tenant whom
agent has procured.
Leaving question of whether an estate
agent procured a sale to the jury.
References in heavy-faced type are to NOTES and REVIEWS; in plain type to RECENT CASES; and in italicized type to ARTICLES. Criticisms of articles in other publications are also indicated in the annual periodical index which follows this index.