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Twelve Casebooks on International Law
Published online by Cambridge University Press: 12 April 2017
Extract
Twelve casebooks on international law have been published in the United States, England and Canada during a period of slightly more than fifty years, and six of them have appeared during the last ten years.
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- Research Article
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- Copyright © by the American Society of International Law 1938
References
1 Analogous publications do not exist in languages other than English. In the preface to his Cases on International Law (1922), p. xvi, Dr. James Brown Scott invited “our friends in other countries” to “prepare collections of cases of an international character,” but apparently the invitation has brought no response except from Professors MacKenzie and Laing.
2 Pitt Cobbett, Leading Cases and Opinions on International Law, Collected and Digested from English and Foreign Reports, Official Documents, Parliamentary Papers, and Other Sources, With Notes and Excursus, Containing the Views of the Text-Writers on the Topics Referred to, together with Supplementary Cases, Treaties, and Statutes, London: Stevens and Haynes, 1885, pp. xxi, 280; 2nd ed., 1892, pp. xxiv, 385; 3rd ed.—Cases and Opinions on International Law, and Various Points of English Law Connected Therewith, Collected and Digested from English and Foreign Reports, Official Documents, and Other Sources, With Notes Containing the Views of the Text-Writers on the Topics Referred to, Supplementary Cases, Treaties, and Statutes, in two volumes: I, 1909, pp. xxiv, 385; II, 1913, pp. xxxii, 547; 4th ed. by Hugh H. L. Bellot, Leading Cases on International Law with Notes Containing the Views of the Text-Writers on the Topics Referred to, Supplementary Cases, Treaties, and Statutes, London: Sweet & Maxwell, in two volumes: 1, 1922, pp. xxiv, 374; II, 1924, pp. xxxvii, 690; 5th ed. by Grey, Francis Temple, Cases on International Law, in two volumes: 1, 1931, pp. xx, 372; II, 1937, pp. xxxix, 398Google Scholar.
3 Preface, p. v.
4 Ibid., p. vi.
5 Freeman Snow, Cases and Opinions on International Law with Notes and a Syllabus. Boston: Boston Book Company, 1893. pp. xl, 586.
6 Preface, p. iii. Langdell’s first casebook, which was on Contracts, was published in 1870.
7 Brown Scott, James, Cases on International Law Selected from Decisions of English and American Courts, with Syllabus and Annotations, Boston: Boston Book Company, 1902. pp. lxvii, 961; 2nd printing, St. Paul: West Publishing Company, 1906Google Scholar.
8 Preface, p. v.
9 Scott, , Cases on International Law Principally Selected from Decisions of English and American Courts. St. Paul: West Publishing Company, 1922. pp. xxxvi, 1196Google Scholar. The 1922 collection was not stated to be a second edition of the earlier work, but it is now so denommated in the preface to the Cases by Scott and Jaeger, p. v. However, the volume of Scott and Jaeger’s Cases before the writer is indicated in the back-title as a “Second Edition.” [This denotation is erroneous and has since been corrected by the publishers.—Ed.]
10 Preface to the 1902 volume, p. v. This statement was repeated in 1922, preface, p. xi.
11 Bentwich, Norman, Students’ Leading Cases and Statutes on International Law, with Notes. London: Sweet and Maxwell, 1913. pp. xix, 247Google Scholar.
12 Stowell, Ellery C. and Munro, Henry F., International Cases, Arbitrations and Incidents Illustrative of International Law as Practised by Independent States. Boston, New York, Chicago: Houghton Mifflin Company, 1916. In two volumes: I, pp. xxxvi, 496; II, pp. xvii, 662Google Scholar.
13 Evans, Lawrence B., Leading Cases on International Law. Chicago: Callaghan and Company, 1917. pp. xix, 477; 2nd ed., 1922, pp. xxv, 852Google Scholar.
14 De Witt Dickinson, Edwin, A Selection of Cases and Other Readings on the Law of Nations, Chiefly as It Is Interpreted and Applied by British and American Courts. New York: McGraw Book Company, 1929. pp. xxii, 1133Google Scholar.
15 Hudson, Manley O., Cases and Other Materials on International Law. St. Paul: West Publishing Company, 1929, pp. xxxv, 1638Google Scholar; 2nd ed., 1936, pp. xl, 1440; 2nd ed., Shorter Selection, 1937, pp. xxxix, 622.
16 Fenwick, Charles G., Cases on International Law. Chicago: Callaghan and Company 1936. pp. xxiii, 815Google Scholar.
17 Brown Scott, James and Jaeger, Walter H. E., Cases on International Law. St. Paul: West Publishing Company, 1937, pp. lxix, 1062Google Scholar. Dr. Scott is also Director of the Division of International Law of the Carnegie Endowment for International Peace.
18 Briggs, Herbert W., The Law of Nations: Cases, Documents, and Notes. New York: F. S. Crofts and Company, 1938. pp. xxix, 984Google Scholar.
19 Norman MacKenzie and Lionel H. Laing, Canada aad the Law of Nations. A Selection of Cases in International Law, affecting Canada or Canadians, decided by Canadian Courts, by Certain of the Higher Courts in the United States and Great Britain and by International Tribunals. Foreword by the Rt. Hon. Sir Robert Borden. Introduction by James Brown Scott. Toronto: Ryerson Press; New Haven: Yale University Press, 1938. pp. xxvii, 667.
20 See Lester H. Woolsey, in this Journal, Vol. 24 (1930), p. 834.
21 The principal digests are: John Bassett Moore, A Digest of International Law as Embodied in Diplomatic Discussions, Treaties and Other International Agreements, International Awards, The Decisions of Municipal Courts, and The Writings of Jurists, and Especially in Documents, Published and Unpublished, Issued by Presidents and Secretaries of State of the United States, The Opinions of the Attorneys-General, and The Decisions of Courts, Federal and State, 8 vols., 1906; Annual Digest of Public International Law Cases, 5 vols., covering the years 1919–1930; and Fontes Juris Gen&ium, Ser. A, Sec. 1, Vols. 1,2, 3, Sec. 2, Vol. 1, and Ser. B, Sec. 1, Vol. 1. A continuation of Moore’s Digest is now being prepared under the direction of Green H. Hackworth, Legal Adviser to the Department of State.
22 Preface, p. v.
23 14 Wallace 170 (1872).
24 See, for example, Chafee, and Simpson, , Cases on Equity, 2 vols. (1934)Google Scholar; Jacobs, Cases and Other Materials on Domestic Relations (1933).
25 The texts of more than 500 multipartite instruments, from 1919 to 1934, are reproduced in the six volumes of Hudson’s International Legislation.
26 Preface to first edition, p. vii.
27 On p. xxvii.
28 Proceedings of the Conference of American Teachers of International Law, 1914, p. 71.
29 A few cases in French were reproduced in the Snow, and MacKenzie and Laing casebooks, without translation.
30 See Lawrence Preuss, in this Journal, Vol. 30 (1936), p. 345.
31 Preface, p. v.
32 Ibid., p. v.
33 Ibid., p. vi.
34 Ibid., p. v.
35 E.g., in Nielsen v. Johnson, 279 U.S. 47 (1929).
36 Fuller, C. J., in Kansas v. Colorado, 185 U.S. 125, 147 (1902). See also Connecticut v. Massachusetts, 282 U.S. 660, 670 (1931).
37 Scott, in Introduction to MacKenzie and Laing, Cases, p. x.
38 Preface. p. vi.
39 On p. lvii.
40 The excursus given by Pitt Cobbett in his first edition was merely an extended editor’s note.
41 Preface, p. iv.
42 Ibid., p. vi.
43 140 U.S. 453 (1891).
44 Preface to MacKenzie and Laine, p. xii.
45 Preface, p. vi. The italics are the writer’s.
46 Preface, p. xii.
47 See his statement that “Canadian Courts have not been productive of many decisions affecting international law,” in 7 Canadian Bar Review (1929), p. 740.
48 Preface, p. xii.
49 Ibid.
50 Ibid., p. xi.
51 Foreword to MacKenzie and Laing, p. v.
52 Cases before tribunals of the Permanent Court of Arbitration have been reported in Scott, Hague Court Reports (1916), 2nd Ser. (1932); also in George Grafton Wilson, Hague Arbitration Cases (1916).
53 See the West Publishing Company’s Directory of Teachers in Member Schools, 19371938, p. 190.
54 See Story’s Inaugural Discourse as Dane Professor of Law in Harvard University, Aug. 25, 1829, in his Miscellaneous Writings (1835), p. 440.