Vandenbosch, Amry

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University of Kentucky

Kentucky Law JournalVolume 42 | Issue 3 Article 141954The Social Impact of the Warsaw Convention byHarold J. ShermanAmry VandenboschUniversity of KentuckyFollow this and additional works at: https://uknowledge.uky.edu/kljRight click to open a feedback form in a new tab to let us know how this document benefitsyou.This Book Review is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky LawJournal by an authorized editor of UKnowledge. For more information, please contact UKnowledge@lsv.uky.edu.Recommended CitationVandenbosch, Amry (1954) "The Social Impact of the Warsaw Convention by Harold J. Sherman," Kentucky Law Journal: Vol. 42 : Iss.3 , Article 14.Available at: https://uknowledge.uky.edu/klj/vol42/iss3/14BOOK REVIEWS - Continuedthe absence of state decision, has created a notable achievement in awork which will be of service of the bar of this state for years to come.ALFm B. MCEWENUniversity of KentuckyCollege of LawTim SocAL ImpAcr OF THm WARsAw CoNvENIoN. By Harold J. Sher-man. New York: Exposition Press, 1952. Pp. 156.The main title of this book is misleading; the actual subject matterof the book is covered accurately by the subtitle, "A Critique of theLee Decisions on the Warsaw Convention and a Plea for Early Rectifi-cation." The author is much disturbed by the decision of the NewYork Courts in the Lee case' and the denial by the United StatesSupreme Court of an appeal by the Lees for a judicial review on themerits of the final judgments.2 Since Pan American Airways invokedin its defense the provisions of the Warsaw Convention of 1929, Mr.Sherman argues that the courts permitted the provisions of a treatyto nullify a right guaranteed in the Seventh Amendment of the FederalConstitution, namely, the right of trial by jury "in suits at common law,where the value in controversy shall exceed twenty dollars. .. ."In view of the proposed amendment to the Constitution sponsoredby Senator Bricker, this ought to be a very timely, significant and pro-vocative book. If the author had succeeded in proving his thesis hisbook would indeed be an effective support of the contention of theBricker amendment supporters, but in the opinion of the reviewer Mr.Sherman fails to establish the necessary connecting links to make hiscase valid. It is true that the Convention by limiting the liability ofthe carrier for each passenger did restrict the legislative power of thestate of New York, but it did not thereby violate the provision of theSeventh Amendment, because the first nine amendments are restric-tions on the Federal government and not on the states. While thecourts in recent years have held that the basic provisions of the Billof Rights are included under the Fourteenth Amendment there is nodecision holding that a specific provision like that at issue in this caseis covered by the broad restrictions on the states imposed by thisamendment. If the New York courts properly had jurisdiction in thiscase the Seventh Amendment could not be invoked by the Lees. TheLees had no right to a jury trial in the courts of the state of New York'Lee et al v. Pan American Airways, Inc., 118 N. Y. L. J. 1548 (1947); 275App. Div. 855, 89 N. Y. S. 2d 888 (1949).2339 U. S. 920 (1950).BOOK BEVIEWS - Continuedin the absence of the Warsaw Convention. The Warsaw Conventioncould not take away from the Lees a constitutional right they did nothave. In the opinion of the reviewer the argument of this book isbased upon faulty reasoning, and hence fails completely.AMmy VANumaoscUniversity of KentuckyTma FEDmiL ComrTs AND Tim FEDERAL SYSTEm. By Henry M. Hart,Jr., and Herbert Wechsler. Brooklyn: The Foundation Press, Inc.,1953. Pp. lvii, 1445.The editors of this fifteen-hundred-page volume state in their pref-ace that the subject of the book is the legal problems resulting fromour having dual judiciary systems. These problems are looked at fromthe viewpoint of the Federal courts. The aim is to identify the areasof Federal and state authority. They further point out that the bookdeals with the relationship of Federal and state law in everyday affairsas well as with the jurisdiction of the Federal courts.It is also stated by the editors that the book is expected to be usedin a course offered to students "who are grounded both in constitu-tional law and in conflicts of laws or, at least, are studying those sub-jects simultaneously." It seems that the course in Federal practiceshould also be included in the prerequisites. All this seems to bar theuse of the book in the smaller law schools because of the limited num-ber of men on the faculties and because of the time necessary for suchan advanced course.The first chapter is introductory matter, not intended for classwork but designed to give a background for the course. The secondand third chapters deal with "the nature of the Federal judiciaryfunction" and the "Supreme Court's original jurisdiction." The suc-ceeding five chapters contain the gist of the course. They cover "themain alternatives which are open to Congress under the Constitutionin the exercise of these powers." Chapters nine to eleven, inclusive,examine criminal prosecutions, civil action by the government, actionsagainst the government, habeas corpus, collateral attack on judgmentsof conviction, exhaustion of other remedies and review of Federaldecisions.The reader would be justified, possibly, in not calling this work acasebook, since the text matter and notes exceed by twenty-five orthirty pages the space given to cases. Almost any one of the notes tothe cases might well demand a week of the student's time for workingout and answering the questions propounded therein. These notes

The Social Impact of the Warsaw Convention by Harold J. Sherman

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The Social Impact of the Warsaw Convention by Harold J. Sherman

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