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Deborah Charles Publications
Abstracts' Library

 

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Peter W. Edge, "Contemporanity and Moral Congruence: Actus Reus and Mens Rea Considered", Liverpool Law Review 17 (1995), 83-95: This paper considers the typical formulation that the actus reus and mens rea of a criminal offence must coincide in time. It analyses the English law which flows from this coincidence formulation, with particular weight on the contortions of the English courts to wreck justice in an individual case, and the moral congruence analysis of G.R. Sullivan. It concludes with a suggestion as to how the doctrinal difficulties could be better resolved. (e-mail: p.w.edge@uclan.ac.uk)

Michal Ephratt, University of Haifa, Israel, "Word marks: Economic, legal and linguistic entities", International Journal for the Semiotics of Law / Revue Internationale de Sémiotique Juridique IX/27 (1996), 257-286: Word marks uniquely merge issues of three autonomic academic disciplines: economics, law and semiotic-linguistics. Word marks do not constitute a homogeneous linguistic group. What brings them together is their unique economic-legal status. We examine the grounds stated in trade mark legislation and court judgments in terms of transparency measures. We show that the less transparent a sign is, the more likely are its prospects of obtaining the status of a word mark. There appears to be a trade-off between transparency and reputation, which holds both in registration and more so in passing-off law. Key words: trade mark; transparency; UK Trade Marks Act 1994; reputation. (e-mail: RHLH702@UVM.HAIFA.AC.IL)

HHJ David Marshall Evans, "Access To Justice", The Liverpool Law Review xix/1 (1997), 37-45: The author stresses the importance of the civil justice system and applauds the intentions of the Woolf report. He fears that implementation will be selective and the selection heavily influenced by the costs of individual proposals. He queries whether the framework of the recommendations is as radical as it at first appears, and whether the central proposals for fast-track cases may not increase the risk of injustice. He suggests that the changes to the system of costs will have complex and unforeseeable effects, and that the new unified rules will take a long time to settle down with much procedural manoeuvring in the course of the process.

 



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