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