Case Analysis Ms. Celebrity - 2025 Words

Another analogy can be made in regards to the Allen case to Fallback’s possible litigation. In the possible Fallback litigation, Ms. Celebrity, a prominent celebrity, brought an action against a business for misappropriating her likeness in an advertisement, just as in the Allen case. The picture or portrait of Ms. Celebrity in this case is a robot, as opposed to a lookalike in the Allen case. In accordance to the Allen case the viewers of the advertisement must think that the person actually appeared in the advertisement. In the Allen case this question was left up to a jury, however, in the Fallback case it can be inferred that no person would believe that the robot in the advertisement was Ms. Celebrity herself. The fact that the†¦show more content†¦In the Fallback litigation, Ms. Celebrity is upset because everyone is teasing her about the advertisement just as in McNulty where the plaintiff tries to bring his claim due to unwanted annoyance and banter. The court deems this cause of action not applicable though, therefore Ms. Celebrity’s claim would not proceed based on the annoyance and teasing she endured as a result of the advertisement. Ms. Celebrity may argue that her claim should survive because, unlike The Naked Cowboy, the persona she plays on television and her is one in the same. This claim can be easily refuted though by a few major points. The first point is that television is most often scripted. Ms. Celebrity, even if she does play herself on a reality television show, more than likely does not portray herself as she normally would all of the time. Another point to be made is that Ms. Celebrity is doing her job when she is on television. The Ms. Celebrity on television is a persona that she plays, and is paid to play. In order to keep her job Ms. Celebrity has to act a certain way to attract and retain viewers. To insinuate that she always acts the same way off camera as she does on camera is not plausible. The element of the statute requiring that the plaintiff’s likeness be used without her consent will not be satisfied in this case. This is because no viewer could mistake the robot used as Ms. Celebrity, Ms. Celebrity’s persona was

Styles of Historiography Herodotus vs Einhard - 940 Words

The Styles of Historiography: Herodotus vs. Einhard Herodotus and Einhard write history in two completely different styles. Einhard’s style is about giving specific details, while Herodotus’s style is about giving his own personal opinions and information that he has from secondary sources. The biggest effect of the difference amongst the two historian’s style of writing is the fact that Einhard’s history of Charlemagne’s life gives information that makes it seem as if the events were realistic, while some of the events that Herodotus talks about seem conjured. The Two Lives of Charlemagne gives details about the life of Charlemagne. The entire story praises Charlemagne as a great hero and leader. All the qualities of the†¦show more content†¦He states, â€Å"the opinion that I have expressed about the extent of Egypt is supported by an oracle delivered from the shrine of Ammon which came to my notice after I had formed my own conclusions.†[10] This shows how the style of w riting by Herodotus is written through the belief of telling of the future and predictions which makes it not an accurate source of history. The styles of writing differ through the fact that Einhard gives what seems to be accurate details, while Herodotus gives information through other people and personal beliefs. The reason for this may be the difference in when the two historiographies were written. The Histories, was written much earlier and beliefs in oracles and having babies talk on there own might have seemed likely to people of that time. Two Lives of Charlemagne was written by someone who encountered the events he wrote about and lived in a time period where mystical beliefs were not as common. The biggest effect between the two writers is that we can believe that most of what Einhard says was true, while we cannot take all of Herodotus’s beliefs as seriously. Works Cited 1. Einhard, â€Å"The Life of Charlemagne,† in Lewis Thorpe, trans., Two Lives of Charlemagne (London: Penguin, 1969). 2. Herodotus, â€Å"The Histories Book 2,† in Aubrey de Selincourt, trans., Herodotus The Histories (London: Penguin, 1954).

Bullying Bullying And Bullying - 880 Words

Ever since this incident administrators have taken serious actions and the bullying has dramatically decreased. Students ceased to create rumors about him. They don’t physically abuse him or call him names in front of his peers anymore. However, he still gets talked about behind his back but of course it’s not as bad as before. He visits his counselor on a weekly basis and things have gotten much better. I’m glad that I stuck around to be there for him while he struggled with such a horrible time. We all need someone to be there and care for us. We all need a shoulder to cry on every once in a while. Bullying is happening in schools all across America and teens need to start helping those who need it the most. We need to start taking action and stop being scared to fight for what we think is right. I admit that maybe before I lived these instants of bullying with my friend that I would have been scared. It is scary to stand up to someone that is intimidating. The fear of being a victim yourself can overpower your desire to step in and help. But if one person steps up, others will follow and the bullying chain will end. Such is the power of one voice that can save someone from being bullied at school. Bullying is a problem that starts as early as in elementary. Little things like excluding people and leaving them out of the group on purpose can make a person feel rejected and hurt. Many schools have a no-toleration policy for bullying but it’s really the children whoShow MoreRelatedBullying And Bullying : Bullying1180 Words   |  5 Pages Bullying is defined as unwanted or aggressive behavior that causes someone to feel afraid or intimidated. This behavior could be something physical, verbal, or something done electronically or through social media. If someone feels threatened by someone’s actions or words, it could be considered bullying, even if that was not the intent.There are many types of bullying, how to recognize bullying, how to report bullying, what to do if you see incidents of bullying, and what resources are availableRead MoreBullying : Bullying And Bullying985 Words   |  4 PagesBullying You may hear the word bullying a lot but never actually knew what it meant, well know is the time to know and be aware of what’s happening around you. Bullying is the use of force, threat, or aggressively dominate others. Bullying is common worldwide but there are specific types that are more common than others, there are four types of common bullying one of them is verbal bullying meaning when someone calls another person name, treating, and making disrespectful comments about someone isRead MoreBullying : Bullying And Bullying1366 Words   |  6 PagesKyle McBrady Ms. Coyle English 2A (3) 9 December 2014 Bullying Leading to Violence Bullying is when a person abuses his power to another person by causing physical or mental harm to the victim who is often weaker, says Dictionary.com (Bullying). This definition can be applied to a recent story in The Washington Post, where bullying caused a student by the name of Jaylen Fryberg to shoot his friends in a lunchroom cafeteria. Jaylen and his girlfriend had recently broken up and she began cyberbullyingRead MoreBullying : Bullying And Bullying1000 Words   |  4 Pages Bullying was defined as overly powered strength used when intimidating one, demanding ones request. Cyberbullying was defined as using electronic devices such as computers, texting, cellphones, iPad’s, etc. Bullying and Cyberbullying are similar in so many ways. One major similarity is aggressiveness, which is used to cause harm to a victim. They both are done to cause the victim pain. Cyberbullying and Bullying are neither often reported. Bullying is repeated behavior over and over again. ThoseRead MoreBullying : Bullying And Bullying1387 Words   |  6 PagesAn average bullying session lasts about 37 seconds; an adult intervenes in the problem about one in twenty-five times (Bullying Facts). Bullying is seen as aggressive and unwanted behavior between two or more people (Aspa).   Most people who are not involved in the actions going on do not really know it’s happening.   Most parents do not even know when their child, or children, are being bullied (Bullying Facts).   Bullying can be prevented if the right consequences take place.   Parents and schoolsRead MoreBullying : Bullying And Bullying769 Words   |  4 Pagesphysically bullied on the premise and cyber-bullying. The females reported more Cyber-bullying, off-school premises, through text massages and social media outlets. The males reported a higher rate of physical bullying on the school premise than the females. Students reported the occurr ence of physical intimidation preventing younger students to access hallways. Also, student’s who are perceived as â€Å"different† are target and taunted. Currently, the bullying behavior seems to be accepted by the staffRead MoreBullying : Bullying And Bullying948 Words   |  4 Pages Bullying Teasing and playing around are all part of growing up; however, what happens when it happens over and over. The Hernando County Code of Conduct defines bullying as: systematically and chronically inflicting physical hurt or psychological distress, or physical behavior, including and threatening, insulting, or dehumanizing gesture, by a student or adult, that is severe or pervasive enough to create an intimidating, hostile, or offensive educational environment; cause discomfort orRead MoreBullying : Bullying And Bullying Essay1924 Words   |  8 Pages Bullying is a very touchy subject for people to talk about. It deals with a lot of mental, physical, and emotional damage. Bullying is violent and unwelcoming behavior among various different aged children in school that involves a lack of power for one kid and a lot of power for another. The behavior of a bully is repeated numerous times over time and becomes more aggressive as the path goes on. The bully has an imbalance of pow er over the one being bullied. They bully uses their power for givingRead MoreBullying : Bullying And Bullying941 Words   |  4 PagesThere are different ways to describe bullying. Stopbullying.gov states the definition of bullying is â€Å"unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance.† Webster’s dictionary portrays the definition of bullying is to frighten, hurt, or threaten (a smaller or weaker person): to act like a bully toward (someone), or to cause (someone) to do something by making threats or insults or by using force. 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Inhumane Factory Farms Should Be Treated With Compassion...

Inhumane Factory Farms All animals should be treated with compassion and protected from suffering, throughout their lives. Sadly billions of factory farm animals lack the basic protections under the law. A factory farm is a large-scale industrial operation where thousands of animals are retained for food. Factory farms, or industrialized facilities, maximize profits by treating animals as production units rather than sentimental creatures. The facility threatens them with antibiotics and hormones to maximize and prevent disease their growth and food output. The antibiotics fed to the animals on a consistent basis cause many humans to lose some of their ability to fight strains of certain bacteria. The farm also forces animals to breed and produce young at accelerated unnatural rates that cause stress and exhaustion. Animals raised for food are jam-packed onto trucks and transported to the slaughterhouse without food or water, when they have finally grown large enough. Those who survive the punitive expedit ion are often conscious while their throats are split. The problem with the farm is so many animals being confined in one place creates an environmental hazards, such as land, water, and air pollutions. Factory farms are inhumane and contribute to many health problems for humans, and animals. The science behind global warming is complex. The major cause of global warming is greenhouse gas pollution the main contributors are tar sand, natural gas, and coal plants. In

What Three Qualities Do You Think Are Most Necessary for a Good Parent Free Essays

Nowadays people say that not everyone is capable of upbringing a child. Parenthood, which used to be a natural status for almost anyone, is now the source of long debates among couples and a very profitable field to writers and publishers. First of all, a good parent should be a good listener, a person who understands what his or her child needs. We will write a custom essay sample on What Three Qualities Do You Think Are Most Necessary for a Good Parent or any similar topic only for you Order Now Parents that listen are supportive people who put aside their high expectations and will keep their ears open for their young offspring, ready to advise no matter what. Secondly, patience must characterize every person who is bringing up children. That means that we must be ready to forgive the mistakes of the inexperienced , young children and that we must help them not with violence , arguing and patronizing but by drawing the line, setting the right example and being steady and consistent. Finally, I believe that parents ought not to consider their children as an expansion of themselves. They should not be egocentric and they should find the courage to accept their children’s choices and reactions not as a battle but as if their children are showing them the way to how to be a better parent, teaching them the important values of equality and mutual respect. In conclusion, I think that to be a parent is a life-changing experience and a huge responsibility. After all, the children of today are the parents of tomorow and they should be given the right example to follow later at life. Thalia Procopiu Director of Studies 2011, Greece How to cite What Three Qualities Do You Think Are Most Necessary for a Good Parent, Papers

Part One Shakespeares Alleged Blunders in Legal Terminology Essay Example For Students

Part One Shakespeares Alleged Blunders in Legal Terminology Essay Part One Shakespearequot;s Alleged Blunders in Legal Terminology Mr. William C. Devecmon of the Maryland bar has written an extremely interesting book* to establish the proposition that Shakespeare was not trained to the law. His arguments are strong and well expressed. But he is not so successful in the attempt in his last chapter to set forth Some of Shakespeares Errors in Legal Terminology. We propose to examine briefly his allegations as to this matter. The instances he cites of supposed inaccuracy are as follows: I. Queen. Tell me what state, what dignity, what honor Canst thou demise to any child of mine? King Richard. Even all I have; ay, and myself and all, Will I withal endow a child of thine. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Richard III, IV, iv, 248-251 Upon this passage Mr. Devecmon comments, Dignities and honors could not be demised; and be cites Comyn and Blackstone. We answer. 1. If we interpret the word demise in its technical sense, the queen, who asks the question implying the negative, speaks correctly. King Richard cannot so demise them. 2. But if Shakespeare, after his wonted manner, uses the word in something like its root sense send down or away, transfer, transmit, like endow two lines later in the sense of equip, furnish, again we say the phraseology is accurate enough. In neither word does he imply a technically legal process. 3. If it be a mistake, is it not a very natural one in the mouth of the queen not learned in the law? It may impart verisimilitude. II. Hamlet. Besides, to be demanded of a sponge! What replication should be made by the son of a king? ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Hamlet, IV, ii, 12, 13, Spragues Edition. Says Devecmon, A very few days, or, at most, weeks, of practical training in a lawyers office, would have sufficed to teach Shakespeare that this is an incorrect use of the word replication. He adds, that, in the technical language of the law in pleadings, a replication is the plaintiffs reply to the defendants plea. Answer. 1. This is not in the course of pleading. Shakespeare uses replication precisely as Chaucer had done more than two hundred years before in his Knights Tale line 1846, Gilmans edition in the sense of replyÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬? My wyl is this, for plat conclusioun Withouten any replicacioun. It is found in the same sense in the Lovers Complaint Passionate Pilgrim, 1609 and Loves Labors Lost, IV, ii, 16. In Julius Caesar I, i, 44-46, Spragues edition we read, Have you not made an universal shout That Tiber trembled underneath her banks, To hear the replication of your sounds? Here it is manifestly in the sense of echo, repetition, or reverberation. 2. Hamlet, speaking nearly six centuries before the play was composed, can hardly be thinking of the pleadings in Elizabethan courts. He never saw the inside of any Chitty on Pleadings. Shakespeare, then, put no mistake in his mouth; but, if he had done so, it would have proved nothing against Shakespeares knowledge of the law. III. Thaliard. For if a king bid a man be a villain, he is bound by the indenture of his oath to be one. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Pericles, I, iii, 6, 7. Says our critic, Here the oath of allegiance is referred to. The use of the word indenture is entirely out of place. Answer. 1. This passag e is conceded by all the best Shakespearean scholars, or nearly all of them, to be by some other pen than Shakespeares. His part of Pericles, if he had any hand in its composition, does not begin till we reach Act III. 2. If Shakespeares, it is reasonable to explain the word as metaphorical, as it surely is in King JohnÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬? Upon thy cheek lay I this zealous kiss As seal to this indenture of my love. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?II, i, 20. In Hamlet V, i, 104, Spragues edition, and in I Henry IV, II, iv, 44; III, i, 80, 139, 257, indenture is used in its strict legal sense, showing that Shakespeare was fully aware of its technical signification. 3. The last scene in Pericles takes place in the Temple of Diana at Ephesus. Is it not preposterous to expect a lord of Antioch in that play, some hundreds of years B. C. , to use with scrupulous precision the law phraseology of Shakespeares age? IV. Hotspur. Methinks my moiety, north from Burton here, In quantity equals not one of yours. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?I Henry IV, III, i, 96, 97. Some modem lawyers and text-writers, remarks Devecmon, use the word moiety as inaccurately as Shakespeare, as though it could mean a third or any part. Answer. 1. Moiety here refers to a third part. It seems to have been rarely if ever restricted to the mathematical half. 2. Eight times in Shakespeare e. . in Hamlet, I, i, 90, Spragues edition the word is used as the equivalent of portion. It is the French moitiÃÆ'ƒÂ © from Lat. medietas, and, like Lat. medius and Eng. mid, does not necessarily imply division in the exact middle. Half was also vaguely used by the old writers for side or Part, as we now often use the word quarter. Thus Chaucer has, O n fourÃÆ'ƒÂ « halvÃÆ'ƒÂ «s of the house about. Millers Tale, Gilmans edition line 3481. The freshman could quote good authority for his translation of the first sentence in Caesars Commentaries, All Gaul is quartered into three halves! Says Moberly, The word moiety, like halb or half, originally means only a part; as desshalb and similar German words show. V. Queen Katherine to Wolsey. I do believe, Induced by potent circumstances, that You are mine enemy, and make my challenge You shall not be my judge. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Henry VIII, II, iv, 74-77. To challenge, declares our critic, is to object to those who are returned to act as jurors. The judge was not subject to challenge. Answer. 1. To challenge in Shakespeare is found at least eighteen times in the sense of to claim as of right. Very likely therefore it is so used here. It would suit the context perfectly. 2. This court is ecclesiastical rather than secular, an extraordinary tribunal, proceeding by canon rather than by common law. The two cardinals, Wolsey and Campeius, are at once judge and jury. If the queen has in mind the usages of law trials, the word challenge is nevertheless felicitous. 3. But if not so, this Spanish-born Katherine, who is laboring under tremendous excitement, and who is not versed in hair-splitting legal distinctions, may be excused for using the word without technical accuracy. It may well mark her extreme agitation. VI. Horatio. Our valiant Hamlet * * * Did slay this Fortinbras; who, by a sealed compact, Well ratified by law and heraldry, Did forfeit with his life. * * * ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Hamlet, I, i, 85-87, Spragues edition. Quoting from Rapalje Lawrences Law Dic. , Devecmon says, Ratification is where a person adopts a contract or other transaction which is not binding on him because entered into by an unauthorized agent. In this passage, says Devecmon, well ratified by means strictly in accordance with. He adds, As a legalism its use is out of place. Answer. 1. The burden of proof that well ratified by is out of place is on the critic. King Hamlet, probably by his ambassador, made a compact with Fortinbras, King of Norway. Before this compact could become binding, it had to be ratified by King Hamlet. What evidence have we that it was not so ratified? If, then, the word is to have its technical sense, it is in all probability corr ect. 2. But if it is not to bear its technical meaning, what valid objection can be offered to its use? Shakespeare is much given to employing words in their radical sense. Ratified, from Lat. atus, fixed, and fac to make, fi- to be made, is equivalent to confirmed. In the sense of confirm, sanction, or make valid, he uses it at least seven times e. g. Macbeth, III, vi, 33, Spragues edition; Tempest, V, i, 8, Spragues edition. Skelton has it to the same effect in his Colin Clout 1520, Levins in his Manipulus Vocabulortim 1570, Bacon in his Political Fables 1605. Why should not Shakespeare in the passage quoted from Hamlet? 3. Horatio, the Dane, six centuries before, could hardly be expected to be familiar with the legal terminology of Littleton, Coke, and Selden. _______ Part Two Shakespearequot;s Alleged Blunders in Legal Terminology VII. King Claudius. Therefore our sometime sister, now our queen, The imperial jointress of this warlike state ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Hamlet, I, ii, 8, 9, Spragues edition. On this passage Devecmon quotes Co. Litt. 46: Jointress, a woman who has an estate settled on her by her husband, to hold during her life if she survive him. He comments, Queen Gertrude could have neither a dower nor a jointure in the Kingdom, of Denmark. Answer. 1. King Claudius in the eleventh century, courting popularity, and not having the fear of English or American lawyers before his eyes, uses both the word imperial and the word jointress with poetic vagueness, yet with a deceitful assumption of right, as if Gertrude were indeed an empress dowager. The phrase imperial jointress is adroitly used, and it shows Shakespeares deep insight into the kings cunning. 2. If not so, the word, being quite rare, may well be used, as most commentators claim, simply for sharer, partner, joint occupant. VIII. Boyet. So you grant pasture for me [offering to kiss her. Lady Maria. Not so, gentle beast. My lips no common are, though several they be. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?Loves Labors Lost, II, i, 221, 222. Devecmon asserts, Shakespeare doubtless knew that one cannot at the same time hold a thing in common and in severalty; and if so, he here sacrifices his knowledge for a mere play on words, which I fancy a professional pride, if he had any lega l training, would not have permitted him to do. Answer. This is a question not of knowledge but of taste. Would Shakespeare, if he had been a trained lawyer, have perpetrated such puns? Perhaps not. The way in which Shakespeare dramatizes the prejudices of his own society in the court scene of The Merchant of Venice EssayGive me at least my 10,000 ducats , says the Jew. The judge replies, I will give you nothing: if you will have the pound of flesh, take it: if not, I will order, etc. We must again insist that these crude proceedings of a court held perhaps five hundred or a thousand years ago are not intended as a picture of an Elizabethan tribunal scene, but that the dramatist, while following English usage sufficiently to make his audience understand what is supposed to be taking place, is really in imagination in mediaeval Venice, giving the very age and body of the time his form and pressure. The same fact must be borne in mind in considering the fifth specification under Devecmons charge against Shakespeare, of ignorance, unreason, and injustice; viz. , 5. The court quickly resolves itself into one of criminal jurisdiction, and the Jews life and goods are declared forfei ted. This is one of those particulars in which Devecmon holds that the trial scene disregards all ideas of law, justice, and morality for mere dramatic effect. Answer. Although this particular feature is not in the Italian novel on which, as we have seen, Shakespeare constructed a great part of the trial scene, it, as also the other proceedings, finds a close parallel in a case narrated by Mr. John T. Doyle of Califomia in the Overland Monthly of July 1886 partly reproduced in Furnesss Variorum Edition of Merchant of Venice, pp. 417-420. Let us premise some particulars. Sojourning for some months in the city of Granada, Nicaragua, in 1851 and 1852, Mr. Doyle became involved in half a dozen lawsuits, in several of which the five following steps occurred: 1. The magistrate Alcalde directed some one present to go and call the plaintiff into court. So Mer. of Venice, IV, i, 14 the duke sent for Shylock, Go and call the Jew into court. 2. The facts being agreed upon, the judge in Nicaragua announced that he proposed to submit the case to a practicing lawyer, a jurisconsult, unless competent objections were made. In like manner Mer. of Ven. , IV, i, 100, 101 we hear the duke say, Bellario, a learned doctor, whom I have sent for to determine this. Bellario, being ill, dispatches the disguised Portia to act in his stead, if accepted Mer. f Venice, IV, i, 153-156, Spragues ed.. The duke graciously accepts the substitute, saying, You are welcome; take your place IV. i, 161. 3. The plaintiff, too, must distinctly accept the referee. After some delay Shylock does this with emphasis IV, i, 229-230 ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬? I charge you by the law, Whereof you are a well-deserving pillar, Proceed to judgment. 4. One condition further mu st be fulfilled to give the new judge complete jurisdiction; the defendant also must formally assent. Antonio does it cordially IV, i, 234, 235 ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬? Most heartily I do beseech the court To give the judgment. 5. Another curious coincidence comes to light between the custom in Spanish-American countries and that exemplified in Venice; as we may fairly infer from what takes place in IV, i, 397-444. Mr. Doyle tells us that the custom of the country costumbre del pais required that the successful party, in a suit in which such amicus curiae was called in, should bestow on the referee a honorarium gratification they called it for his services. It was $200 in Doyles case. Similarly the duke suggests, Antonio, gratify this gentleman IV, i, 397. Three thousand ducats are accordingly offered the brilliant jurisconsult, Portia. She declines the money, but takes in lieu of it gloves and a precious ring. 6. We come now to what Devecmon regards as the climax of ignorance or illegality, the sudden assumption of criminal jurisdiction by this court. Mr. Doyles parallel case is in brief outline as follows: A question arose in this city as to the disposition of the estate of a gentleman who had been slain at Mazatlan in an encounter with his partner, while discussing in anger the state of their accounts. There had been a trial over the case in Mexico. The surviving partner put forward claims before our court, which caused me, in behalf of the next of kin of the deceased, to send to Mexico for a complete transcript of the judgment record there. [Mr. Doyle here gives an account of the official inquiry as to the cause of death. The inquiry was made before the Alcalde, who conducted the inquiry with evident partiality to the survivor. At the conclusion the Alcalde acquitted him. Intermediate proceedings took place. ] The Fiscal States Attorney, on behalf of the State, intervenes, and appeals to the Supreme Court. There the witnesses are re-examined; they contradict each other badly, and break down * * * The judgment below is then reversed, the defendant sentenced to death, and the Alcalde, before whom the trial had been had below is sentenced to pay a fine of $100 for his partiality and misconduct! There is no reason to suppose that this Mexican case is a solitary instance. A sufficient investigation would probably reveal the fact that in all the Spanish-American nations, and very likely in all of those of southern Europe, at least in their early stages, courts of justice, like Turkish cadis today, freely exercised equity, civil, and criminal jurisdiction. How Shakespeare came to know of these customary forms, or, if he did not know of them, by what strange accident he lighted on them, is a mystery. Mr. Doyle remarks, If Shakespeare knew nothing of Venetian law, there was no great improbability in assuming it to resemble that of. Spain, considering that both were inherited from a common source, and that the Spanish monarchs had so long exercised dominion in Italy. Let us at any rate be slow to charge him with ignorance. The range and accuracy of his information, says Lowell, were beyond precedent or later parallel. Like many before him, Devecmon charges Portia i. e. Shakespeare with cruelty towards Shylock, cruelty surpassing that of the thumb screw or the rack, in making him abandon the cherished religion of his fathers and his race, and embrace the hated religion of the Christian. Such critics forget that, according to the current belief in those remote ages and even in Shakespeares day, instead of cruelty, the greatest possible kindness was shown to Shylock, rescuing him as a brand from the burning. They verily believed that, by professing Christianity and receiving baptism, he would be saved from endless damnation and made sure of an. eternity of bliss! Devecmon accuses Portias rulings as being bad in morals, aside from the law. Here is a man who for three months has had murder in his heart, and has often gloated over the anticipated joy of killing the irascible yet sweet-souled Antonio. He has come in order to perpetrate the horrid deed in open court. There, in presence of the duke, he has whetted the knife to cut out Antonios heart. He has scouted the pathetic appeals of the duke and of Portia for mercy. He has produced the scales which he has brought into court to weigh the flesh. He has fiercely avowed his fixed intent. He is, impatient to spring like a tiger upon his meek victim. He has broken the law of Venice and of God. He has forfeited life, prosperity, and liberty. Yet he is instantly pardoned. He is set free. He is allowed to retain half of his ill-gotten millions, to do with them as he pleases. The other half is held in trust for his daughter and her husband, the whole to be theirs upon his death. Says Devecmon, We feel little pity for Shylock, but our sense of reverence for the law is shockedÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â€š ¬?the majesty of the law is degraded. But what majesty of law is upheld when a contract contra bonos mores is allowed to be enforced? Such Devecmon concedes this to have been, quoting the familiar maxim, Ex turpi causa lion oritur actio. The law of the Twelve Tables, which we have quoted, and which in the remote past was interpreted to permit the creditors to cut an insolvent debtor in pieces, was very likely in Shakespeares mind. He applies a crucial test. He shows its sharp antagonism to the higher law; that, Mercy is above this sceptred sway. Never again, in England at least, could a law authorizing murder seem valid. It was high time that some one should show that when mans law squarely conflicts with Gods law, mans must give way. Majesty of Law! Would it, then, have vindicated the wicked law, or made it more revered, if Portia had permitted the butchery of Antonio? We have a law, and by that law he ought to die, said some of the ancestors of Shylock John, xix, 7, and the greatest crime of all the ages was perpetrated, it was claimed, in strict accordance with law! Homer B. Sprague, Ph. D. , Ex-Pres. Univ. of N. Dakota.