The Implied Duty of Mutual Trust and Confidence: An Emerging Overarching Principle?

There is an argument in academic circles that the implied dutyof mutual trust and confidence will evolve to form an all-embracingsuper-principle under which each of the more ‘traditional’implied duties will rest, including the employer’s impliedduty to exercise reasonable care for the welfare and well beingof the employee. The theme of this article is that, on balance,there is no evidence for the emergence of the implied duty ofmutual trust and confidence as a super-principle. If anything,the recent trends in the case law emphasise the distinctivenessof the employer’s duties to exercise reasonable care andtrust and confidence. The article’s aim was to demonstratethat both duties are separate, free-standing duties, sittingon an equal plane in terms of importance. To rationalise one,or all of the implied duties (i.e. the duty to exercise reasonablecare and/or all of the other ‘traditional duties’),as one of the means by which the super-principle of trust andconfidence is, or may be expressed, is to a large extent, aspirational.     

Indigenismo and the Avant‐garde: Jorge Sanjinés' Early Films and the National Project

Jorge Sanjinés' 1960s films Revolución and Ukamau challenge the class and ethnic hierarchies of Bolivian society by casting the proletarian and indigenous masses as revolutionary liberators. The new national imaginary they evoke is tightly bound to the experimental cinematic techniques they employ, since their rejection of rationalist, realist aesthetics signals a partial undermining of the linear time of the modern nation. Ukamau both recalls and resists previous Bolivian indigenismo, which sought to co‐opt the Indian into a national mestizo consciousness. Its exoticist portrayal of the Indian ultimately limits its political effectiveness, but textual and contextual analyses show subversive Indian agency leaking through.     

US Patent and Trademark Office refuses registration of flavour trade mark

In a case of first impression, the Trademark Trial and AppealBoard of the US Patent and Trademark Office has held that theflavour orange is not registrable for use with quick-dissolvingantidepressant tablets and pills.     

Implementing the artist's resale right directive

Legal context: Directive 2001/84/EC, on the resale right for the benefit ofthe author of an original work of art, introduced the harmonisationof artist's resale right within the EU (and subsequently withinthe EEA). Resale right already existed in many EU States, butthe Directive also required its creation in others (such asthe UK) to which it was previously unknown. The implementationof the Directive in the UK was accordingly a matter of somecontroversy. Key points: This article concentrates on the legal difficulties involvedin that implementation, viewed against the background of theUK Government's stated general policy on the transposition ofEU Directives. From several points of view, the rules laid downin the Directive called for elaboration or clarification, andin a number of cases such an approach was appropriate. In othercases, however, this turned out not to be appropriate. Practical significance: As a result, although in the main it was possible to transposethe Directive into a clear and workable set of domestic rules,a number of issues had to remain unresolved. Among the mostimportant were: whether works of ‘applied art’ shouldattract resale right, and the territorial scope of the transactionscovered by the right.     

State crimes and state harms: a tale of two definitional frameworks

Criminologists have long debated the issue of how to define crime, and hence, the scope of criminological inquiry. For years, some critical criminologists have argued for expanded definitions of crime that include harmful behaviors of the state that may not be officially defined as criminal. Other critical criminologists have argued that existing legal frameworks may be used to study varieties of state crime, and that defining the harmful actions of the state as criminal is important to help mobilize public support for their control. In this paper, we first trace the historical development of these two perspectives, and then offer a tentative solution to the seeming tension between these two perspectives.     

Global custody of endowment funds

This article explores the law relating to the global custodianship of funds, notably as managed for endowed charities such as universities and independent schools. Is global custody based on the legal concept of bailment or of trusts? Just how secure are the legal underpinnings of this financial mechanism? The conclusions are that the legal foundations to the concepts of custodianship, and especially on a global level with the appointment of sub-custodians, is surprisingly uncertain and confused in English Law, providing rather less reassurance to charity trustees concerning the security of the financial assets for which they are accountable than they might reasonably have expected.