Determining distinctiveness in infringement proceedings

In determining the distinctiveness of a trade mark in infringementproceedings, a court must look at the perception of the relevantpublic at the time when use of the infringing sign commenced;an order to cease using the infringing sign may often be appropriatewhere loss of distinctive character derives from the defendant'sactions.     

Sell-out or challenge? The contradiction of a masters in women's studies

This is an account of planning a part-time Masters degree in Women's Studies at a British Polytechnic. We explain how we obtained approval from the necessary authorities for the course, and discuss the conflict between—on the one hand—the need to conform to these institutional procedures in order to get the course established, and—on the other hand—the desire to keep faith with the political origins of Women's Studies in the Women's Movement. We discuss a number of major issues which have confronted the members of the committee responsible for planning this course including the struggle to demonstrate within the college the academic legitimacy of WS; decisions about what kind of course to offer students—a multidisciplinary or interdisciplinary curriculum, with or without optional elements—and how to defend these proposals during the lengthy process of seeking formal approval; the institutional politics of launching the course; and anticipated problems associated with the eventual teaching of the course.     

Sudden death in an adolescent four years after recovery from mucocutaneous lymph node syndrome (Kawasaki disease)

A case is presented of sudden death during physical activity in a 15-year-old boy with clinically inactive mucocutaneous lymph node syndrome (Kawasaki disease). At autopsy, the coronary arteries were involved by multiple aneurysms and obstructive thrombi, and the left ventricular myocardium was extensively scarred. Although Kawasaki disease most commonly occurs in infants and young children, it may be a cause of sudden death in adolescents.     

Wrongfulness and Prohibitions

This paper responds to Antje du-Bois Pedain’s discussion of the wrongfulness constraint on the criminal law. Du-Bois Pedain argues that the constraint is best interpreted as stating that φing is legitimately criminalised only if φing is wrongful for other-regarding reasons. We take issue with du-Bois Pedain’s arguments. In our view, it is neither a necessary nor sufficient condition of legitimate criminalisation that φing is wrongful in du-Bois Pedain’s sense. Rather, it is a necessary (albeit insufficient) condition of legitimate criminalisation that φing is what we call bare wrongful—that is, that the reasons in favour of φing are defeated by the reasons against. Though du-Bois Pedain is critical of this view, we argue that her criticisms do not convince.