Duration and Termination of an Offer

Professor Williston has recently pointed out\u27 the change which the law of the formation of simple contracts underwent during the first century of its development. The change is fundamental. Originally the courts thought of a simple contract as involving an actual concurrence of the minds of the parties. Gradually this conception was supplanted by the notion that the objective and not the subjective state of mind of the parties is controlling. Where the actual state of mind differs from the apparent state of mind, the former must be ignored and, whenever they happen to be identical, it may be ignored without affecting the results ordinarily. The courts in the main have abandoned the subjective analysis and have adopted an objective one. Nevertheless, the cases and text books abound in language, the use of which shows an attempt to state results reached under the new analysis in the terminology of the old. Too frequently, too, the old analysis is employed. In either event, the result in some cases is decisions difficult to defend. There is need for a total abandonment of the old terminology and for a consistent restatement of the law of contracts on the basis of the analysis now generally accepted and in its terminology

Book Reviews

The British Year Book of International Law, 1920-1921. Editor, Cyril M. Picciotto. Editorial Committee, Sir Erle Richards, Prof. A. Pearce Higgins, Sir John Macdonell, Sir Cecil Hurst, and, E. A. Whittuck. London: Henry Fioude and Hodder & Stoughton, x92o. Pp. viii, 292

Book Reviews

The Law of Contracts. Samuel Williston, Weld Professor of Law in Harvard University. New York. Baker, Voorhis & Co., 192o. In four volumes. Vol. I, pp. xxiii, 1155, Vol. II, pp. xxi, 1157-232

Empirical Legal Studies Before 1940: A Bibliographic Essay

The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period prior to World War II. This paper is an extensive bibliographic essay that surveys the English language empirical legal research from approximately 1940 and earlier. The essay is arranged around the themes in the research: criminal justice, civil justice (general studies of civil litigation, auto accident litigation and compensation, divorce, small claims, jurisdiction and procedure, civil juries), debt and bankruptcy, banking, appellate courts, legal needs, legal profession (including legal education), and judicial staffing and selection. Accompanying the essay is an extensive bibliography of research articles, books, and reports

Duration and Termination of an Offer

Professor Williston has recently pointed out\u27 the change which the law of the formation of simple contracts underwent during the first century of its development. The change is fundamental. Originally the courts thought of a simple contract as involving an actual concurrence of the minds of the parties. Gradually this conception was supplanted by the notion that the objective and not the subjective state of mind of the parties is controlling. Where the actual state of mind differs from the apparent state of mind, the former must be ignored and, whenever they happen to be identical, it may be ignored without affecting the results ordinarily. The courts in the main have abandoned the subjective analysis and have adopted an objective one. Nevertheless, the cases and text books abound in language, the use of which shows an attempt to state results reached under the new analysis in the terminology of the old. Too frequently, too, the old analysis is employed. In either event, the result in some cases is decisions difficult to defend. There is need for a total abandonment of the old terminology and for a consistent restatement of the law of contracts on the basis of the analysis now generally accepted and in its terminology

Interborough rapid transit company against William Green, et al. Brief for defendants, with a foreword by William Green, president American federation of labor.

1 p. 1, 2, 3, vii, 479 p. 23 cm."Table of cases" : p. 461-469.Preface signed : Herman Oliphant.Blau, Perlman and Polakoff, attorneys for defendants.Bibliography : p. 470-479

Book Reviews

The British Year Book of International Law, 1920-1921. Editor, Cyril M. Picciotto. Editorial Committee, Sir Erle Richards, Prof. A. Pearce Higgins, Sir John Macdonell, Sir Cecil Hurst, and, E. A. Whittuck. London: Henry Fioude and Hodder & Stoughton, x92o. Pp. viii, 292

Book Reviews

The Law of Contracts. Samuel Williston, Weld Professor of Law in Harvard University. New York. Baker, Voorhis & Co., 192o. In four volumes. Vol. I, pp. xxiii, 1155, Vol. II, pp. xxi, 1157-232