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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.
  • 484
  • 11 Oct 2023
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.
  • 468
  • 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.
  • 428
  • 21 Dec 2021
Topic Review
Global Trends in Halal Food Standards
The demand for ethical foods is rising, with halal foods playing a significant role in this trend. However, halal standards vary globally, which can have substantial implications. Multiple Halal Certification Bodies (HCBs) can approve food products but they often prioritize national regulations over international alignment.
  • 408
  • 29 Nov 2023
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.
  • 390
  • 27 Oct 2023
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.
  • 384
  • 14 Oct 2022
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.
  • 381
  • 05 Nov 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.
  • 380
  • 25 Nov 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.
  • 354
  • 12 Apr 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.
  • 330
  • 28 Sep 2022
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