Back to the bad old days?

Reviews the Court of Appeal decision in James v Thomas that a cohabitee had not acquired an equitable interest in a property registered in her former partner's sole name through a constructive trust, based on express or inferred common intention, or by proprietary estoppel. Highlights the inconsistent approach of the courts to cohabitee disputes. Outlines the Law Commission's proposals in its 2007 report, Cohabitation: The Financial Consequences of Relationship Breakdown, notes the factors to be taken into account by the courts, and speculates on the case's outcome if the proposals were applied. [From Legal Journals Index]

Thomas Koinzer: Auf der Suche nach der demokratischen Schule, Amerikafahrer, Kulturtransfer und Schulreform in der Bildungsreformära der Bundesrepublik Deutschland, Bad Heilbrunn: Klinkhardt 2011 [Rezension]

Rezension von: Thomas Koinzer: Auf der Suche nach der demokratischen Schule, Amerikafahrer, Kulturtransfer und Schulreform in der Bildungsreformära der Bundesrepublik Deutschland, Bad Heilbrunn: Klinkhardt 2011 (279 S.; ISBN 978-3-7815-1811-7; 32,00 EUR)

Biodiversity Loss in the Ocean: How Bad Is It?

MURAWSKI AND COLLEAGUES STATE THAT OUR assessment of the impacts of global marine biodiversity loss is overly pessimistic. They imply that management interventions are likely to reverse current trends of overfishing, and that the U.S. National Marine Fisheries Service (NMFS) has already met that goal. They cite Georges Bank haddock as an example and contest that catch metrics (as used in our global analysis) are sufficient to track the status of this particular fish stock and possibly others. We agree that precise biomass data are preferable, but these are rarely available. Here, we illustrate that catches are a good proxy of the status of haddock, although there can be a short delay in detecting recovery under intense management. While NMFS’s own data show that full recovery is still uncommon (<5% of overfished stocks) (1), we strongly agree that destructive trends can be turned around and that rebuilding efforts need to be intensified to meet that goal. But we must not miss the forest for the trees: Continuing focus on single, well-assessed, economically viable species will leave most of the ocean’s declining biodiversity under the radar.

The good, the bad and the 'not so bad': reflecting on moral appraisal in practice

The aim of this paper is to facilitate reflection on the moral merit of practitioners in various contexts. Insight is gained from Aristotelian and Kantian accounts of moral character and an original framework for reflection is presented as an adjunct to ethical theory and principles considered when appraising others. In relation to states of character there is an irreconcilable difference between Kantian (deontic) and Aristotelian (aretaic) conceptions of the nature of full virtue (excellence of character), but at the same time it can be argued that in relation to practice their approaches complement each other. It is also argued that in relation to caring for the vulnerable, Aristotle’s conception of full virtue is more compelling than Kant’s. On the other hand, Kant’s notion of self - serving action is important in nursing and it therefore needs to be considered when reflecting on professional conduct. The conclusion reached is that Aristotelian and Kantian accounts of character appraisal should be used in a combined approach to moral appraisal. This approach draws on the accounts of both philosophers and offers valuable insight into moral character, professional conduct and, in a more formal setting, fitness to practise.

Bad Faith in European Trade Mark Law

Analyses how the European Court of Justice has interpreted the EU law rules against the registration of a trade mark or Community trade mark by an applicant in bad faith. Reviews case law from the UK courts, Office of Harmonisation in the Internal Market and Community courts on the role of bad faith as a moral standard. Considers case law on the narrow interpretation of bad faith in view of other EU provisions limiting trade marks.