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Article
Publication date: 19 August 2020

Sean Thomas

This paper aims to examine the effect of circular economy’s ending of waste on marginal property practices.

235

Abstract

Purpose

This paper aims to examine the effect of circular economy’s ending of waste on marginal property practices.

Design/methodology/approach

This paper utilises doctrinal and theoretical legal analysis, along with theoretical perspectives and qualitative empirical evidence drawn from non-legal academic disciplines.

Findings

The current legalistic conception of waste depends on control and value. The indeterminate status of waste as goods at the margins of consumption attracts attention from legal regimes. This process is evidenced by a commercialised treatment of goods at the margins of consumption, limiting the scope of radical marginal property practices such as freeganism (taking goods abandoned by others, to use such goods).

Social implications

The circular economy aims to end waste. Restriction, and ultimately elimination, of marginal property practices is necessary for circular economy. Freegans will be limited to acting in a “challenge” role, identifying breaches of commercial commodification processes. Control over the use (including disposal) of goods reduces the spaces available for marginal property practices, which in turn raises problematic normative implications for “normal” consumption practices involving waste.

Originality/value

This is the first examination of the impact of circular economy on freeganism. It is also the first sustained application of marginal property theory (van der Walt, 2009) in a legal analysis of circular economy and waste.

Details

Journal of Property, Planning and Environmental Law, vol. 12 no. 3
Type: Research Article
ISSN: 2514-9407

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Article
Publication date: 23 March 2012

Sean Thomas

If a seller fails to deliver the correct quantity, the buyer may reject the goods in accordance with the Sale of Goods Act 1979, section 30(1). The nature of this right to reject…

918

Abstract

Purpose

If a seller fails to deliver the correct quantity, the buyer may reject the goods in accordance with the Sale of Goods Act 1979, section 30(1). The nature of this right to reject is unclear, and whether breach by short delivery will suffice to terminate the contract is also unclear. The purpose of this paper is to clarify this area of law.

Design/methodology/approach

The focus is on the combined case‐law and academic commentary on the topic of short delivery, and the broader issue of termination.

Findings

The paper suggests that breach by short delivery does terminate the contract. It suggests that the right to cure cannot provide an entirely satisfactory response for victims of short delivery. The paper also proposes a reform of the Sale of Goods Act 1979 to take this into account.

Research limitations/implications

This research mainly focused on the current legal position. Further research on the historical development of the rules on short delivery, which were crystallised in the Sale of Goods Act 1893, will provide valuable insights into this area of law.

Practical implications

The proposal for reform could have a practical benefit in terms of protecting buyers from the danger of short delivery, by providing them with a more secure remedy than what appears to be currently available.

Originality/value

To the extent of the author's knowledge, this is the first dedicated analysis of short delivery in the literature.

Details

Journal of International Trade Law and Policy, vol. 11 no. 1
Type: Research Article
ISSN: 1477-0024

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Book part
Publication date: 9 October 2020

Ellie Chapple, Kathleen Walsh and Yun Shen

Abstract

Details

Corporate Fraud Exposed
Type: Book
ISBN: 978-1-78973-418-8

Available. Content available
Article
Publication date: 23 March 2012

Mohammad Alramahi

242

Abstract

Details

Journal of International Trade Law and Policy, vol. 11 no. 1
Type: Research Article
ISSN: 1477-0024

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Book part
Publication date: 9 October 2020

Chen Liu and Serena Shuo Wu

Abstract

Details

Corporate Fraud Exposed
Type: Book
ISBN: 978-1-78973-418-8

Available. Content available
Article
Publication date: 13 July 2010

Theo C. Haupt

314

Abstract

Details

Journal of Engineering, Design and Technology, vol. 8 no. 2
Type: Research Article
ISSN: 1726-0531

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Article
Publication date: 1 January 2000

Richard Cantor and Stanislas Rouyer

Although issuers may benefit generally from securitization, some asset securitizations transfer more credit risk than others. When a lender uses securitization to replace…

1094

Abstract

Although issuers may benefit generally from securitization, some asset securitizations transfer more credit risk than others. When a lender uses securitization to replace on‐balance‐sheet financing, that lender transfers to investors some of the risks, and, in the form of credit enhancements, some of the offsetting, i.e., claims‐paying, economic resources (e.g., assets, cashflows), as well. Therefore, securitization only reduces an issuer's net (i.e., residual) exposure to credit losses when a securitization has transferred proportionately more credit risk than claims‐paying assets. The authors discuss the distinction between “gross” versus “net” transfers of credit risk. To illustrate this point, they provide conceptual examples of the net effect of an asset securitization on the residual credit risk retained by an issuer. In these examples, providing credit enhancement (e.g., overcollateralization, subordination) may implicitly lever or delever an issuer's balance sheet. The authors outline the general conditions under which this indirect economic recourse to the issuer, in effect a form of “self‐insurance,” may result in a net dilution of the claims of unsecured creditors.

Details

The Journal of Risk Finance, vol. 1 no. 2
Type: Research Article
ISSN: 1526-5943

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Article
Publication date: 16 November 2020

Reza Beheshti

The purpose of this article is to examine the contractual framework for the sale of goods in order to gauge whether the English sales law regime can promote a circular business…

267

Abstract

Purpose

The purpose of this article is to examine the contractual framework for the sale of goods in order to gauge whether the English sales law regime can promote a circular business model.

Design/methodology/approach

Theoretical and doctrinal legal analysis.

Findings

Due to the absence of rules and regulations requiring manufacturers produce goods compliant with the circular economy (CE), English Sale of Goods Act has limited capacity in holding manufacturers accountable and liable in failing to manufacture goods compliant with the CE. The only currently practical solution for this gap is that the buyers should ensure that their particular intention of obtaining goods compliant with the CE is fully communicated to manufacturers.

Originality/value

This is the first examination of the implied terms of English sales law from the perspective of the CE.

Details

Journal of Property, Planning and Environmental Law, vol. 13 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Available. Open Access. Open Access
Article
Publication date: 29 May 2024

Hamda Alansaari and Jessica Essary

This study aims to examine the perceptions of male and female Emirati students regarding the competency of male and female faculty members in general introductory courses at a…

343

Abstract

Purpose

This study aims to examine the perceptions of male and female Emirati students regarding the competency of male and female faculty members in general introductory courses at a higher education institution in Dubai, which follows a policy of segregating undergraduates by sex.

Design/methodology/approach

Using a purposive research design, the study employs focus-group data to investigate the viewpoints of two groups of first-year undergraduates in Dubai (n = 2,43) on the role of gender in shaping their perceptions of faculty competency. Additionally, the researchers utilized open and axial coding schemes to analyze gender perceptions, revealing distinct patterns and thematic outcomes.

Findings

The findings highlight the presence of hidden gender stereotypes that can potentially impact the development of pedagogical relationships in higher education. Based on these findings, the study recommends ways in which students, educators, and administrators may mitigate gender-related bias in faculty evaluations.

Originality/value

Furthermore, these insights were designed to contribute to fostering a more equitable educational environment in higher education institutions.

Details

Higher Education Evaluation and Development, vol. 18 no. 1
Type: Research Article
ISSN: 2514-5789

Keywords

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Article
Publication date: 7 December 2020

Sean Daniel Dobson and Thomas Louis Starr

Characteristics of the metal powder are a key factor in the success of powder bed fusion (PBF) additive manufacturing. Powders for PBF from different manufacturers may have a…

349

Abstract

Purpose

Characteristics of the metal powder are a key factor in the success of powder bed fusion (PBF) additive manufacturing. Powders for PBF from different manufacturers may have a different particle size and/or bulk packing and flow behavior. Powder properties change as the powder is reused for multiple builds. This study seeks to measure the variability of commercial 17-4 PH stainless steel powders to determine the effect of powder variability on part density and demonstrate characterization methods that ensure part quality.

Design/methodology/approach

Commercial atomized metal powders from four different vendors were produced with two different atomizing gases (N2 and argon). Powder was characterized in both new and extensively reused conditions. All powders were characterized for flow and packing behavior, particle size and internal porosity. Coupons were manufactured using the laser PBF process with optimized scan strategy and exposure parameters. The quality of fabricated parts was measured using bulk density measurement.

Findings

Despite differences in powder flowability and particle size, fully dense parts (>99 per cent) were produced using all powders, except one. Residual porosity in these parts appeared to result from gas trapped in the powder particles. The powder with extensive reuse (400+ h in machine fabrication environment) exhibited reduced flowability and increased fraction of fine particles, but still produced full density parts.

Originality/value

This study demonstrates that full density parts can be fabricated using powders with a range of flowability and packing behavior. This suggests that a single flowability measurement may be sufficient for quality assurance in a production environment.

Details

Rapid Prototyping Journal, vol. 27 no. 1
Type: Research Article
ISSN: 1355-2546

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