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Deborah Charles Publications
Abstracts' Library
Authors E
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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