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Topic Review
Bouzid Boushaki
Boushaki Boushaki (Thenia, Algeria, April 3, 1935–Thenia, January 23, 2023) (Arabic: بوزيد بوسحاقي) was an Algerian military and politician who participated in the Algerian War of Independence, and was then a trade union leader of the union General Union of Algerian Workers and senior management of Algerian public companies.
  • 817
  • 11 Oct 2023
Topic Review
The Oil Palm Governance Policy in Indonesia
Indonesian palm oil encountered social-agrarian and environmental issues and has been subject to heavy criticism from the international community for years. The Indonesian government answered the very sharp international opinion by implementing standard certification to ensure the achievement of oil palm sustainability. This is especially applied for the small scale plantation at the upstream of the entire palm oil supply chain. Indonesian Sustainable Palm Oil (ISPO) certification has been applied as an instrument of guaranteeing sustainability principles for all business units with a particular attention on smallholders. The system is targeted to address land legality issues, business licensing, plant seedling certification, environmental management, as well as strengthening farmer organizations at the local level. The implementation of ISPO faced challenges and barriers that makes certification is not easy to achieved on the ground. 
  • 758
  • 24 Apr 2022
Topic Review
Microgrids for Energy Transition
International, national, and subnational laws and policies call for rapidly decarbonizing energy systems around the globe. This effort relies heavily on renewable electricity and calls for a transition that is: (i) flexible enough to accommodate existing and new electricity end uses and users; (ii) resilient in response to climate change and other threats to electricity infrastructure; (iii) cost-effective in comparison to alternatives; and (iv) just in the face of energy systems that are often the result of—or the cause of—procedural, distributive, and historical injustices. Acknowledging the intertwined roles of technology and policy, this entry provides a cross-disciplinary review of how microgrids may contribute to renewable electricity systems that are flexible, resilient, cost-effective, and just (including illustrative examples from Korea, California, New York, the European Union, and elsewhere). 
  • 757
  • 08 Apr 2021
Topic Review
The Development of E-Commerce on EU Tax Regulations
The term “e-commerce” means online shopping on the World Wide Web, and it can be described as the buying/selling process through the transmission of data remotely.  Compliance with the VAT (value-added tax) regime is addressed in the context described by the two important categories of active legal rules: the rules for consumer protection and the rules related to ensuring data protection. The investigation of the legal framework in this regard started from the presupposition that the necessary changes in regulation for facilitating e-commerce are capable to determine indirect changes in many aspects of financial rules and taxation. While analyzing the regulation of online trade, the various measures undertaken recently in respect to European sources of law and their implications for national legal framework opened additional directions of investigation. 
  • 754
  • 25 Feb 2022
Topic Review
The Patent Eligibility of 3D Bioprinting
A combination of 3D printing techniques and synthetic biology, 3D bioprinting is a promising field. It is expected that 3D bioprinting technologies will have applications across an array of fields, spanning biotechnology, medical surgery and the pharmaceutical industry. Nonetheless, the progress of these technologies could be hindered, unless there is adequate and effective protection for related applications.
  • 752
  • 24 Jan 2022
Topic Review
Occupational Injury
An occupational injury is bodily damage resulting from working. The most common organs involved are the spine, hands, the head, lungs, eyes, skeleton, and skin. Occupational injuries can result from exposure to occupational hazards (physical, chemical, biological, or psychosocial), such as temperature, noise, insect or animal bites, blood-borne pathogens, aerosols, hazardous chemicals, radiation, and occupational burnout. While many prevention methods are set in place, injuries may still occur due to poor ergonomics, manual handling of heavy loads, misuse or failure of equipment, exposure to general hazards, and inadequate safety training.
  • 737
  • 25 Oct 2022
Topic Review
The Provocation Trigger of Adultery
Excuse for the husband killing his wife’s lover in the form of the partial defence of provocation was set following the Mawgridge’s case in 1707. This meant the husband could be found guilty of manslaughter rather than murder. In 1810, another precedent was set, where the adulterous wife's killing could follow a sentence of manslaughter rather than murder. This entry investigates the shaping of adultery as a defence to murder under the partial defence of provocation.
  • 735
  • 27 Oct 2023
Topic Review
Sui Generis Geographical Indications for Apparel and Footwear
In a global context marked by deterritorialization, free circulation of people and products, and appraisal of cultural differences, the researchers ground the proposition that extending sui generis Geographical indications (GIs) to fashion items would be a favorable solution for both communicating the genius loci and promoting sustainable practices. This process would go hand in hand with the creation of shorter and more responsible supply chains, deeply connecting the wearer and the local fields and pushing for individual or community agency. Building on the lessons learnt from the food industry, though, in the fashion sector, the path could be set in the reverse direction, with GIs being granted to companies not only because of the local scope of production but also considering the abidance by specific sustainability criteria.
  • 700
  • 27 May 2022
Topic Review
Husband-selling
Husband-selling was the historical practice of: a wife selling a husband, generally to a new wife; a slave-master or master's estate selling the husband in an enslaved family, generally to a new slave-master; court-sentenced sales of fathers' services for a number of years, described as sales of fathers (one apparently a husband); sales of a husband as directed by a religious authority.
  • 683
  • 28 Sep 2022
Topic Review
Substantive Due Process
Substantive due process, in United States constitutional law, is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution. Courts have identified the basis for such protection from the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." Substantive due process demarcates the line between the acts that courts hold that are subject to government regulation or legislation and the acts that courts place beyond the reach of governmental interference. Whether the Fifth or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent. Substantive due process is to be distinguished from procedural due process. The distinction arises from the words "of law" in the phrase "due process of law." Procedural due process protects individuals from the coercive power of government by ensuring that adjudication processes, under valid laws, are fair and impartial. Such protections, for example, include sufficient and timely notice on why a party is required to appear before a court or other administrative body, the right to an impartial trier of fact and trier of law, and the right to give testimony and present relevant evidence at hearings. In contrast, substantive due process protects individuals against majoritarian policy enactments that exceed the limits of governmental authority: courts may find that a majority's enactment is not law and cannot be enforced as such, regardless of whether the processes of enactment and enforcement were actually fair. The term was first used explicitly in 1930s legal casebooks as a categorical distinction of selected due process cases, and by 1952, it had been mentioned twice in Supreme Court opinions. The term "substantive due process" itself is commonly used in two ways: to identify a particular line of case law and to signify a particular political attitude toward judicial review under the two due process clauses. Much substantive due process litigation involves legal challenges about unenumerated rights that seek particular outcomes instead of merely contesting procedures and their effects. In successful cases, the Supreme Court recognizes a constitutionally based liberty that considers laws that seek to limit that liberty to be unenforceable or limited in scope. Critics of substantive due process decisions usually assert that there is no textual basis in the Constitution for such protection and that such liberties should be left under the purview of the more politically accountable branches of government.
  • 682
  • 27 Oct 2022
Topic Review
Legislative System of Photovoltaic Industry Development in China
As one of the world’s largest energy consumers, China is facing the challenge of growing energy demand. Under this background, China is actively implementing the concept of green development and sustainable development route. As inexhaustible green energy, solar energy, has been established as an independent energy type by the Renewable Energy Law and has a broad development prospect. At present, the industrialization level of photovoltaic manufacturing in China is constantly improving, and the efficiency of photovoltaic power generation is constantly improving. However, from the perspective of the system, China’s photovoltaic industry supporting legal system is not perfect. There is a mismatch between the existing laws and industrial development needs, which restricts the future development of photovoltaic power generation in China. The legal environment is crucial to the development of a country’s relevant industries. Only with a good supporting legal system can the development and utilization of solar energy be carried out reasonably and orderly. The PV industry legislation should be adjusted and responded to in a timely manner according to the development situation of the PV industry and the PV market, so as to speed up the introduction of core laws in the PV field, continuously improve the supporting legal system, and effectively play the role of institutional protection of the law. 
  • 665
  • 20 Jan 2022
Topic Review
Pace v. Alabama
Pace v. Alabama, 106 U.S. 583 (1883), was a case in which the United States Supreme Court affirmed that Alabama's anti-miscegenation statute was constitutional. This ruling was rejected by the Supreme Court in 1964 in McLaughlin v. Florida and in 1967 in Loving v. Virginia. Pace v. Alabama is possibly the first recorded interracial sex court case in America.
  • 661
  • 01 Dec 2022
Topic Review
Sustainability of AI and Sustainability Claims
The potential of artificial intelligence (AI) and its manifold applications have fueled the discussion around how AI can be used to facilitate sustainable objectives. However, the technical, ethical, and legal literature on how AI, including its design, training, implementation, and use can be sustainable, is rather limited. At the same time, consumers incrementally pay more attention to sustainability information, whereas businesses are increasingly engaging in greenwashing practices, especially in relation to digital products and services, raising concerns about the efficiency of the existing consumer protection framework in this regard. The objective of this paper is to contribute to the discussion toward sustainable AI from a legal and consumer protection standpoint while focusing on the environmental and societal pillar of sustainability. After analyzing the multidisciplinary literature available on the topic of the environmentally sustainable AI lifecycle, as well as the latest EU policies and initiatives regarding consumer protection and sustainability, we will examine whether the current consumer protection framework is sufficient to promote sharing and substantiation of sustainability information in B2C contracts involving AI products and services. Moreover, we will assess whether AI-related AI initiatives can promote a sustainable AI development. Finally, we will propose a set of recommendations capable of encouraging a sustainable and environmentally-conscious AI lifecycle while enhancing information transparency among stakeholders, aligning the various EU policies and initiatives, and ultimately empowering consumers.
  • 642
  • 26 Nov 2021
Topic Review
Carbon Tax in Taiwan
By 2020, there were 30 countries that had already implemented or were scheduled to implement a carbon tax, including South Africa and Singapore, both of which began to implement their carbon tax in 2019. At the end of 2019, the European Union (EU) adopted the European Green Deal. The EU aims to achieve a legally binding target of net zero greenhouse gas (GHG) emissions by 2050 through the adoption of the European Climate Law. The EU is also introducing the Carbon Border Adjustment Mechanism (CBAM) to prevent carbon leakage from other countries into the EU and encourage carbon taxation in other countries. The research retrospectively analyzed the structural path dependence and other difficulties that were faced during Taiwan’s attempted transitions toward a low-carbon economy. In combination with the common issues among developmental states, the technocratic decision-making in East Asia and the high-carbon industries have shaped the carbon lock-in effect to a certain degree. Additionally, the case of Taiwan illustrates how long-term low energy prices and wages are structured. Our study analysis showed that a brown economy reinforces the carbon lock-in effect and delays low-carbon transitions, resulting in the stagnation of attempts for sustainable economic transformation. Unless major external forces that are sufficient to break the deadlock are introduced, genuine low-carbon reforms seem unlikely.
  • 580
  • 05 Jan 2023
Topic Review
Challenges behind the Implementation of the Precautionary Principle
Having examined the implementation of the precautionary principle in law making, law enforcement, and judicial application, it can be concluded that the principle has not been effectively implemented, at least not in law enforcement and judicial application stages. Before proposing any recommendations to improve the situation, this article identified two key challenges behind current implementation status. One is about the complexity of the principle itself, and the other is about the political willingness.
  • 569
  • 21 Dec 2021
Topic Review
Lamparello v. Falwell
Lamparello v. Falwell, 420 F.3d 309, was a legal case heard by the United States Court of Appeals for the Fourth Circuit concerning allegations of cybersquatting and trademark infringement. The dispute centered on the right to use the domain name fallwell.com, and provides discussion on cybersquatting as it applies to criticism of a trademark. In 1999, Christopher Lamparello created a website to respond to and criticize the anti-homosexual statements by the American Christian evangelical preacher Jerry Falwell. Lamparello's website was located at fallwell.com (note the misspelling). Believing that there was confusing similarity between the domain name and Falwell's own name, domain name, and other trademarks, Falwell and his ministries attempted to legally block Lamparello from using the mark "fallwell" and transfer the ownership of the domain name to Falwell. The initial decisions (ruled by the National Arbitration Forum in 2003 and the United States District Court for the Eastern District of Virginia in 2004) decided in favor of Falwell, granting Falwell's claims of federal trademark infringement, false designation of origin, unfair competition, and cybersquatting. On appeal in 2005, the United States Court of Appeals for the Fourth Circuit reversed the earlier decisions, ruling that there was not a "likelihood of confusion" between Lamparello's and Falwell's official site; that there was no trademark infringement based on "initial interest confusion" for sites that were non-commercial and critical of the trademark holder; and since Lamparello's site was non-commercial, there was no "bad faith intent to profit" and it was not cybersquatting.
  • 517
  • 05 Nov 2022
Topic Review
IRAC
IRAC (/ˈaɪræk/ EYE-rak) is an acronym that generally stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis. The IRAC format is mostly used in hypothetical questions in law school and bar exams.
  • 515
  • 28 Sep 2022
Topic Review
Marriage Equality (Same Sex) Act 2013
The Marriage Equality (Same Sex) Act 2013 was an act of parliament of the Australian Capital Territory Legislative Assembly that was intended to legalise same-sex marriage in the Australian Capital Territory (ACT). It was first presented to the ACT Legislative Assembly on 19 September 2013 by the ACT Attorney-General, Simon Corbell. The law intended to build on the existing recognition of same-sex unions in the Australian Capital Territory, which included recognition of de facto partners, civil partnerships and same-sex-only civil unions (with civil unions being replaced by same-sex marriage if the Act was successfully passed). The act was passed in the Legislative Assembly on 22 October 2013. It came into operation on 7 November although wedding ceremonies under the provisions of the Act did not occur until 7 December 2013. West Australian parliamentarian Stephen Dawson and his husband Dennis Liddelow were the first same-sex couple to marry under the new laws. Upon the law's commencement, the Abbott Government challenged the legal and constitutional validity of the Act, lodging an immediate challenge in the High Court of Australia. The case was heard on 3 December and a ruling was handed down on 12 December 2013. The High Court unanimously struck the act down in its entirety, on the basis that it was in conflict with the federal Marriage Act, which defined marriage in Australia as the union of a man and a woman. The court did however expressly confirm in its ruling that the Parliament of Australia had the constitutional authority to amend the definition of marriage in the Marriage Act, so as to allow same-sex couples to marry.
  • 512
  • 25 Nov 2022
Topic Review
Coram Nobis
The writ of coram nobis (also known as writ of error coram nobis, writ of coram vobis, or writ of error coram vobis) is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the records of the original judgment’s proceedings and would have prevented the judgment from being pronounced. The term "coram nobis" is Latin for "before us" and the meaning of its full form, quae coram nobis resident, is "which [things] remain in our presence". The writ of coram nobis originated in the English court of common law in the English legal system during the sixteenth century. The writ of coram nobis still exists today in a few courts in the United States. In 1907, the writ became obsolete in England and replaced by other means of correcting errors; however, the writ survives in the United States in various forms in the federal courts, in fifteen state courts, and the District of Columbia courts. For those courts with the authority to issue a writ of coram nobis, the rules and guidelines differ – sometimes significantly. Each state is free to operate its own coram nobis procedures independent of other state courts as well as the federal court system. In other words, the criteria required to issue the writ in one state (or federal) court system are different from the criteria required to issue the writ in a different court system. A writ can be granted only by the court where the original judgment was entered, so those seeking to correct a judgment must understand the criteria required for that specific court.
  • 498
  • 14 Oct 2022
Topic Review
The Significance of the Separate-Regulatory Paradigm
This separate-regulatory paradigm is strongly backed up by its significance in maintaining a clear line between tort law and environmental law, providing remedies tailored to the natural environment, and bypassing the logical difficulties in incorporating environmental damage into the tort system. The failure of tort law to fashion an effective remedy to the damaged environment in complex environmental issues such as climate change further illustrates such significance.
  • 447
  • 12 Apr 2022
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