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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.
  • 338
  • 05 Nov 2022
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.
  • 517
  • 27 May 2022
Topic Review
Biological Patent
A biological patent is a patent on an invention in the field of biology that by law allows the patent holder to exclude others from making, using, selling, or importing the protected invention for a limited period of time. The scope and reach of biological patents vary among jurisdictions, and may include biological technology and products, genetically modified organisms and genetic material. The applicability of patents to substances and processes wholly or partially natural in origin is a subject of debate.
  • 550
  • 17 Oct 2022
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.
  • 450
  • 11 Oct 2023
Topic Review
Canada’s Open Work Permit for Vulnerable Workers Policy
In June 2019, the Government of Canada implemented the Open work permit for vulnerable workers (OWP-V) policy, authorizing immigration officers to issue open work permits to migrant workers on employer-specific work permits if they demonstrate reasonable grounds to believe that they are experiencing abuse or are at risk of abuse in their workplace. Drawing on research conducted by a community organization on the impact of the policy, the policy’s potential to remedy the problematic effects of the employer-specific work permit and whether it has been implemented efficiently are examined here. The research concludes that the OWP-V policy cannot be expected to counteract the high risk of abuse imposed on workers through the employer-specific work permit. Numerous barriers were identified that make it difficult for migrant workers to apply for the permit. The small number of OWP-V permits issued in proportion to the number of employers authorized to hire migrant workers makes it unlikely that the policy will significantly impact employers’ propensity to comply with the program conditions.
  • 1.1K
  • 28 Apr 2022
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.
  • 453
  • 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.
  • 413
  • 21 Dec 2021
Topic Review
Civilian Casualties
Civilian casualties occur when civilians are killed or injured by non-civilians, mostly law enforcement officers, military personnel, rebel group forces, or terrorists. Under the law of war, it refers to civilians who perish or suffer wounds as a result of wartime acts. The term is generally applied to situations in which violence is committed in pursuit of political goals. During periods of armed conflict, there are structures, actors, and processes at a number of levels that affect the likelihood of violence against civilians. The term "civilian casualties" is sometimes used in non-military situations, for example to distinguish casualties to police vs. to criminals such as bank robbers.
  • 1.5K
  • 20 Nov 2022
Topic Review
Climate Change and Fisheries Regulation
Climate change and its effect on marine environment, especially ocean warming, acidification and sea level rise, impacts fisheries in different ways. However, fisheries and climate change are regulated by different international management mechanisms, which makes the current fisheries management system face challenges.
  • 604
  • 03 Sep 2021
Topic Review
Contract (Canon Law)
The canon law of contract follows that of the civil jurisdiction in which canon law operates. (Latin contractus; Old French contract; Modern French contrat; Italian contratto).
  • 244
  • 01 Dec 2022
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