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The Idea of Freedom: A Dialectical Examination of the Conceptions of Freedom By Mortimer J. Adler Institute of Philosophical Research. Garden City, New York: Doubleday and Co. 1958. Pp.xxvii, 689. $7.50 . . . Each year a number of books appear which are devoted to the subject of freedom. This has been going on for at least two thousand years. But a reading of only a few of this multitude of volumes will show that one man's freedom is not necessarily another man's. It appears obvious that some order and classification ought to be introduced into our thinking about this concept. A major effort has been made in this direction in the first book here being reviewed. This volume was written by Dr. Adler, but it is a cooperative venture which encompasses an amount of work that few scholars could hope to accomplish in their lifetime. Hundreds of books have been'examined which consider the concept of freedom, and a classifying system has been established that explains the place of each of these writers with respect to the various meanings of the concept. The author emphasizes the creative aspect of the construct set forth. This is a justified claim, as any writer will know who has ever wondered what to do with great masses of amorphous material. A reader will come away from this volume with unanswered queries in his mind,'but he should be aware that a very big job has been undertaken--a job that should be of value to other scholars for a long time to come. ================================= The Structure of Freedom By Christian Bay Stanford, Stanford University Press; 1958. Pp. xii, 419. $7.50 The assumption here adopted and the basic premise of Professor Bay's book, The Structure of Freedom, is that the distribution of freedom in modern society is not primarily a legal problem. The author believes that a maximum freedom for all is the supreme political virtue. (p. 6) He emphasizes the maximum of freedom for each individual. He wants every individual to have all of the basic rights before we start giving a few other ...

In a comment appearing in a previous issue of the Vanderbilt Law Review there was a discussion of the application to military personnel of the Federal Tort Claims Act. One part of that comment may now be expanded. The torts of National Guards men whose units have not been called into federal service do not create a cause of action under the Federal Tort Claims Act. The National Guard of the United States is a reserve component of the Army of the United States. It is made up of the National Guard of the several states, territories and the District of Columbia.

The present actions being taken to mark the transition from cold to hot war are settling a number of problems and creating a host of others. The direction of our national effort within the economy will shift to production; our normal interest would be in distribution. This shift will not mean that the antitrust laws will be entirely suspended. There remain certain vital functions of protecting whole classes of citizens during the coming years of stress and for that day when once again we return to our new two-cars-for-every-family ideal. 'But it cannot be denied that a discussion of lowering prices has taken on an air of unreality. We can only foresee governmental action to place ceilings on all prices, with no floors being contemplated. And yet such a discussion is not without justification. The time to plan for the future is now. The reality of the issues involved is clear now. The controlling judicial decisions are being made now. As we leave the world of the buyer's market, let us look at it and examine some of its problems. It is our world--one in which sellers compete among themselves to fulfill the limitless demands of buyers.

There was a tide in the affairs of men that was taken at its flood by the National Association of Retail Druggists--and it led on to fortune. For this band of little men the Miller-Tydings Amendment to the Sherman Act I was the end of a thirty years war. Enjoined in 1907 from attempting to force up retail price margins and maintain retail drug prices at a uniform level, this association joined with other groups desirous of achieving similar ends in an effort, year after year, to persuade Congress to permit the making of contracts between manufacturers and retailers that would fix minimum resale prices. With the beginning of the depression in the thirties, the Association shifted its efforts to the states, where the first success in retail price control came with the passage of the California Fair Trade Act in 1931. In the ten succeeding years 45 states passed resale price maintenance laws --the so-called Fair Trade Acts and the Federal Government bestowed its blessing on such laws when the contracts they legitimated concerned goods in the course of commerce.

The county of Winnebago passed such an ordinance and McDonald was charged with a violation of it. McDonald demanded a jury, and Judge Schniege of the municipal court ordered it. Because no provision for a jury trial was in the ordinance, Keefe, the county district attorney, petitioned the circuit court for a writ of prohibition to prevent the enforcement of the municipal court's order for a jury trial. The circuit court denied the petition. On appeal, the supreme court reversed this denial. Judge Fairchild based his decision on the following chain of reasoning: 1. The power to define crimes is a sovereign power. 2. The legislature may not delegate such power to counties or municipalities. 3. The legislature may permit the counties and cities to collect fines as penalties for the violation of local ordinances or it may permit imprisonment to enforce the collection of a fine. 4. This power of collection is exercised through a civil action for the recovery of a fine. 5. Imprisonment may not be imposed for a violation of a local ordinance because a. as an attempt to punish for a crime the ordinance is unauthorized, and b. by the constitution, there may be imprisonment only for a crime. 6. Therefore, this ordinance was invalid because the county inherently cannot create crimes and the legislature cannot delegate to the county its own power to create crimes.

The public corporation is a common device to carry on governmental activities in the British Commonwealth, Europe and the United States.' It has been the uniformly favored instrument of nationalization policies. The reason for the use of such a public body is "unquestionably due to the realization that it offers the most convenient though by no means the only method for a successful application in public enterprise of principles of business efficiency developed in the private field." The necessarily extensive dealings of private citizens with such corporations force the courts to face promptly the problem of the legal status of such bodies. The problem is raised at this time not only because of the general interest in the events taking place in England but also because of the contrasting viewpoints shown in the English and American solutions of the same problems. Furthermore, some recent statutory developments in the United States indicate a movement toward a more uniform control over public agencies and have apparently resulted in some contraction of the amenability to suit of government corporations. This note will be devoted to a study of the legal liability of public corporations in England and the United States as determined by various criteria, and an analysis of the results of the application of these criteria in protecting private citizens in their dealings with the steadily increasing numbers of such public instrumentalities.

READINGS IN AMERICAN LEGAL HISTORY Compiled and edited by Mark DeWolfe Howe Cambridge: Harvard University Press, 1949. Pp. 529.$7.50 reviewer: STANLEY D. ROSE ======================= THE GROWTH OF AMERICAN LAW: THE LAW MAKERS By James Willard Hurst Boston: Little, Brown and Co., 1950. Pp. xiii, 502. $5.50 reviewer: STANLEY D. ROSE ============================= REASON AND LAW By Morris R. Cohen Illinois: The Free Press, 1950. Pp.211. $3.50 reviewer: STANLEY D. ROSE ================================ AN INTRODUCTION TO LEGAL REASONING By Edward H. Levi Chicago: The University of Chicago Press, 1949. Pp. 74. $2.00 reviewer: STANLEY D. ROSE ==================================== LIVING LAW OF DEMOCRATIC SOCIETY By Jerome Hall Indianapolis: Bobbs-Merrill Company, Inc., 1949. Pp. 146. $2.50 reviewer: STANLEY D. ROSE ===================================== LAW AND TACTICS IN JURY TRIALS By Francis X. Busch Indianapolis: Bobbs-Merrill Company, 1949. Pp. xxvii, 1147. $17.50 reviewer: CHARLES C. TRABUE, JR. =========================== SUCCESSFUL TRIAL TACTICS By A. S. Cutler New York: Prentice-Hall,Inc., 1949. Pp. ix, 319. $5.35 reviewer: CHARLES C. TRABUE, JR.

The States and Subversion Walter Gellhorn, Ed. Ithaca: Cornell University Press, 1952. Pp. vii, 454. $5.00 reviewer: Irving Dilliard ============================== Freedom through Law By Robert L. Hale New York: Columbia University Press, 1952. Pp. xvi, 591. $7.50 =============================== The Group Basis of Politics--A Study in Basing-Point Legislation By Earl Latham New York: Cornell University Press, 1952. Pp. ix,244. $3.75 reviewer: Stanley D. Rose ================================ Richards on Insurance, Fifth Edition By Warren Freedman New York: Baker, Voorhis & Co., Inc. 1952. Pp. xxvii, 2692. $50.00 reviewer: Walter P. Armstrong, Jr. ================================= The Theodosian Code and Novels and the Sirmondian Constitutions: A Translation with Commentary, Glossary, and Bibliography By Clyde Pharr in collaboration with Theresa Sherrer Davidson and Mary Brown Pharr Introduction by C. Dickerman Williams Princeton: Princeton University Press, 1952. Pp. xxvi, 643. $20.00 reviewer: Reginald Parker

Securities Legislation By Louis Loss Boston: Little, Brown & Com-pany, 1951. Pp. xxvii, 1283. $17.50 reviewer: Hugh L. Sowards ================================ Private Property, the History of an Idea By Richard Schlatter New Brunswick: Rutgers University Press, 1951. Pp. 284. $2.50 reviewer: Stanley D. Rose ================================== Oil and Gas Law: Collection of articles TEXAS LAW REVIEW Austin: Texas Law Review, Inc., 1951. Pp. xix, 1736. $15.00 reviewer: William D. Warren

Cardozo and Frontiers of Legal Thinking By Beryl Harold Levy Cleveland: The Press of Case Western Reserve University, 1969.Pp. xi, 365. $9.95. reviewer: Stanley D. Rose ========================= City Politics and Planning By Francine F. Rabinovitz New York: Atherton Press, Inc. 1969. Pp. 192. $6.95 reviewer: Robert M. Anderson ======================== Everyman's Constitution: Historical Essays on the Fourteenth Amendment, the "Conspiracy Theory," and American Constitutionalism By Howard Jay Graham Madison: State Historical Society of Wisconsin, 1968. Pp. xiv, 631. $12.95 reviewer: Robert J. Harris ========================= The Impact of Negro Voting: The Role of the Vote in the Quest for Equality By William R. Keech Chicago: Rand McNally, American Politics Research Series, 1968. Pp. ix, 113. $3.95. reviewer: Harry Holloway ========================= The Limits of the Criminal Sanction By Herbert L. Packer Stanford: Stanford University Press. 1968. Pp. xi, 385. $8.9 reviewer: Robert L. Birmingham

Military Justice under the Uniform Code By James Snedeker Boston: Little, Brown and Company, 1953. $15.00. reviewer: Reginald C. Harmon =================================== Conscription of Conscience By Mulford Q. Sibley and Philip E. Jacob Ithaca: Cornell University Press, 1952. Pp. x, 580. $6.50. reviewer: A. B. Butts ==================================== Theft, Law and Society By Jerome Hall Indianapolis: Bobbs-Merrill Co., Inc. Second Edition, 1952. Pp. xxiv, 398. $10.00. reviewer: Rollin M. Perkins ====================================== Freedom of the Press in England 1476-1776 By Fredrick S. Siebert Urbana: University of Illinois Press, 1952. Pp. xiv, 411. $7.50. reviewer: Stanley D. Rose ========================================= Wage-Hour Law: Coverage By Heiman A. Wecht Philadelphia: Joseph M. Mitchell, 1951. Pp. viii, 499. $15.00 reviewer: Charles H. Livengood, Jr. ========================================= The Law of Labor Relations By Benjamin Werne New York: The MacMillan Company, 1951. Pp. xiv, 471. $5.75. reviewer: Keith W. Blinn