whole subject and emphasizes the practical every day value of sound scholarship and accurate thinking, for the subject is presented in terms of modern problems of pressing moment. Ways and means of best utilizing the problem method of legal instruction should receive the full discussion that its inherent importance would seem to justify. Emphasis upon the Constructive Formulation of Underlying Principle. While this subject has already received some attention, it was only incidental and not commensurate with its inherent importance. Upon this subject, there were practically no suggestions, and the writer must here depend upon his own ideas and experience. This is a subject that has been too frequently ignored, or only superficially covered. This is particularly true with regard to such vague and indefinite provisions as due process of law. Much that has been said by writers and by the courts has been of literary rather than of scientific value. Yet the great significance of the concept of due process will hardly be denied. It is around its development and application that there is being fought out the age long struggle between private right and governmental power. It is being fought with all the power, the brains, and the skill that are always involved where both great material and human interest are at stake. The underlying principles that are resulting are the more significant because of the manner of their evolution. They are not being evolved out of a speculative or metaphysical endeavor to solve the problem, but by a tedious process of proceeding from concrete case to concrete case, step by step, always forced to face practical, real situations, by the constant necessity for the definite solution of the concrete cases submitted for judicial decision. Here we have a very earnest effort to contribute to the solution of a very important problem. What have been the results of these efforts? Have they contributed anything to our political philosophy? Have they given us any intelligible principles or standards? Back of the judicial rhetoric, the hastily written decisions, the mass of dicta, is there anything articulate, fundamental, or profound? Are there any definite, inherent tendencies that are consciously or unconsciously followed in the development of judicial doctrines? These are problems deserving of greater emphasis and keener study than they generally receive. These would involve the psychology and the technique of judicial decision. They would involve the relation of public opinion to judicial doctrine. They would involve a more careful study of the outstanding contribution of Mr. Justice Brandeis to the subject of due process, made in his famous brief on the eight hour day, when he secured the judicial recognition of the fact that due process cases involve both principles of law and questions of social facts, and that while they are mutually interdependent for the purposes of judicial decision, they are entirely severable as to the methods of their solution. While the solution of one requires the technique of legal analysis and synthesis, the other question is one of objective evidence and expert investigation. The writer is of the firm belief that much of the judicial confusion is due to a failure to discriminate between the two kinds of questions involved, and the foolish attempt to solve technical questions of fact by the maxims of legal science. Certainly here is a group of problems for the student of political science. These particular problems may be better suited to graduate than to undergraduate courses; nevertheless, any adequate undergraduate course should raise the questions and stimulate an interest in their study and discussion, for they are fundamental to the understanding of American government. How can such questions be best discussed? How far can such discussions be profitably carried on in undergraduate courses? Upon these and related questions further study and discussion is earnestly invited. University of Wisconsin. ARNOLD BENNETT HALL. DOCTORAL DISSERTATIONS IN POLITICAL SCIENCE IN PREPARATION AT AMERICAN UNIVERSITIES1 AMERICAN GOVERNMENT AND PUBLIC LAW Barth, Harry A., A Revision of the Expending System of the State of Pennsyl. vania, with a consideration of State Budgetary Procedure and State Accountancy. University of Pennsylvania. Field, Oliver P., “Political Questions" in American Constitutional Law. University of Minnesota. Gaus, John M., Employment Policies of the Federal and State Governments. Harvard University. Gosnell, A. F., Thomas C. Platt, Political Manager. University of Chicago. Hanford, A. C., Problems of Reconstruction in State and Local Government by Constitutional Amendment. Harvard University. Harris, J. P., An Analysis of Systems of Registration in the United States. University of Chicago. Hayes, Fred E., The Military Power in Relation to Civil Authority during the Civil War. University of Illinois. Honeywell, R. J., Executive Relations to the United States Senate. Harvard University. Ketcham, Earle H., History and Interpretation of the Sixteenth Amendment. University of Illinois. Lambie, M. B., Some Aspects of the Merit System. Harvard University. Lancaster, Lane W., State Supervision of Municipal Finance. University of Pennsylvania. Law, J. Thaddeus, Delegation of Legislative Power to Administrative Bodies. University of Wisconsin. Macdonald, Austin F., Federal Subsidies to the States. University of Pennsylvania. Mason, A. T., The Application of the Sherman and Clayton Acts with reference to Organized Labor. Princeton University. Mellon, H. G., The Jurisdiction of the Court of Claims. American University. McGuire, P. S., The Genesis of the Interstate Commerce Commission. Cornell University. Morganston, Charles E., The Appointing Power of the President. American University. 1 This list is supplementary to the list printed in the American Political Science Review, XIV, 155-158. For earlier lists see the Review as follows: IV, 420 (1910); V, 456 (1911); VI, 464 (1912); VII, 689 (1913); VIII, 488 (1914). Mott, Rodney L., Origin and Development of the Concept of Due Process of Law. University of Wisconsin. Richardson, D., Constitutional Doctrines of Mr. Justice O. W. Holmes. Johns Hopkins University. Richardson, Rupert N., The Development of State Constitutional Limitations on Legislatures. University of Texas. Robinson, G. C., Executive Influence on Federal Legislation. Harvard University. Schumacher, Waldo, The Operation of the Direct Primary in Wisconsin. University of Wisconsin. Scott, J. F., The Evolution of Party Organization in California. University of California. Short, Lloyd M., The Development of National Administrative Organization in the United States, University of Illinois. Shoup, E. L., The Vice-Presidency of the United States. Harvard University. Sikes, E. R., Federal and State Corrupt Practices Acts. Cornell University. Wells R. H., The Veto Power of the Governor in the American States. Harvard University. White, Howard, Determination of Military Policy in the United States. University of Illinois. White, Paul L., The Sources of De Tocqueville's "Democracy in America." Yale University. Williams, Bruce, The Sub-Legal Rights and Obligations of States. Johns Hopkins University. Wriston, H. M., Special Agents in American Diplomacy. Harvard University. LOCAL GOVERNMENT Hoyt, Josephine, The Berkeley Police System. University of California. Kingsbury, J. B., The Development of Personnel Administration in Chicago, 1895-1915. University of Chicago. McClintock, Miller, Traffic Problems in American Cities. Harvard University. Taylor, R. E., Municipal Budget Making. University of Chicago. POLITICAL THEORY Chase, E. P., The Constitutional Position and Political Theory of the Non-Jurors. Harvard University. Hart, Clyde, Political Ideas in American Literature. University of Chicago. Malone, Dumas, The Public Life and Writings of Thomas Cooper. Yale University. O'Neill, Anne W., The Political Theory of Francis Lieber. University of California. Spykman, N. J., The Social Theory of George Simmel. University of California. Tillema, John A., The Influence of the Law of Nature on United States Government and Law. University of Illinois. FOREIGN AND COMPARATIVE GOVERNMENT Nakano, T., The Ordinance Power of the Japanese Emperor. Johns Hopkins University. Mims, Edwin, The Conflict of Landed and Industrial Interests in the British Parliament following the Reform Bill. Yale University. Willis, Frances E., The Belgian Parliament. Leland Stanford Jr. University. INTERNATIONAL LAW AND INTERNATIONAL AFFAIRS Buell, R. L., The Washington, Conference and its Background. Princeton University. Donahue, James L., The Shantung Question. American University. Fell, E. T., Recent Problems in Admiralty Jurisdiction. Johns Hopkins University. Godshall, W. Leon, China's International Relations respecting Shantung. University of Pennsylvania. Lasswell, H. D., Formation of Certain International Attitudes. University of Chicago. Lynskey, Elizabeth, The Influence of Political Parties on the Foreign Policy of the United States. University of Minnesota. Manson, Fletcher S., Liberia in its International Relations. University of Pennsylvania |