Washington University Global Studies Law Review

http://openscholarship.wustl.edu/law_globalstudies

List of Papers (Total 531)

100% All Natural Ambiguity: A Comparative Approach to Food Labeling Requirements for the Term “Natural” By the Food and Drug Administration and the European Union

Despite being the only regulatory agency empowered to establish definitions for food product labeling, the Food and Drug Administration (FDA) has not formally defined the term “natural.” The FDA’s reluctance to fully define the term increases consumer distrustful of the FDA as a regulatory body and has also led to a dramatic increase in class action lawsuits against major food...

The Influence of Law-and-Economics on the Ideological Center of Civil Society – The New American Formalism with a European Counterpoint

Law-and-economics has been the dominant methodology in United States’ adjudication and law commentary for nearly 35 years. Because of its efficiency-only approach, law-and-economics has transformed the law itself from the impartial anchor of our social system into a political tool that legitimizes a new “false center.” Consequently, by failing in its role as a neutral force...

The Failure of Soft Law to Provide an Equitable Framework for Restitution of Nazi-looted Art

It is estimated that over 20% of the art in Europe was looted by the Nazi regime during World War II. Many pieces were taken by force from Jewish art dealers, and much of the property taken during this period of Nazi spoliation was never returned. Heirs of looted art are still filing claims for restitution in various courts, but the current global patchwork of statutes of...

Down the Final Stretch: State Societal Settlements’ Res Judicata Repercussions

Like the chorus in Shakespeare’s Henry the Fifth, those who proceed on behalf of society at large should have both the first and last word. They should possess the capacity to undertake this act of representation, whether in or out of court, with forcefulness and finality. Indeed, a genuine representative should not have to run the risk of others thereafter embarking upon the...

Intelligence-Sharing Agreements & International Data Protection: Avoiding a Global Surveillance State

International threats to national security have resulted in a coordinated response among states to protect their citizens, but in a post-Snowden world, are states also protecting the data integrity of its citizens? Intelligence-sharing agreements’ opacity undermine public trust given the revelations of unchecked government surveillance that emerged in 2013. The Five Eyes...

Post-Digital Era Reconciliation Between United States and European Union Privacy Law Enforcement

ernet dependence. While the United States is relying on a piecemeal approach to data privacy regulation and enforcement, the European Union drafted the General Data Protection Regulation, which is a comprehensive data protection regulation that applies to any company doing business in the European Union. It is no longer feasible to allow a dichotomy of enforcement for a data...

Undeniably Difficult: Extradition and Genocide Denial Laws

Genocide denial, increasingly common in the cyber world, is outlawed in several nations globally in an effort to suppress bigotry and harmful historical revisionism. Genocide denial is legal, however, in the United States, Canada, and the United Kingdom. Therefore, a legal conflict arises when a defendant facing genocide denial charges in one nation flees to or resides in a non...

Higher Education as a Human Right

Higher education is a human right. In the United States, we have become complacent about the skyrocketing costs of higher education where yearly expenses at many highly selective universities well exceed the median income of United States workers. We need to change the dialogue about higher education so that it does not become a luxury only the wealthy can afford. This article...

Making Room for Children: A Response to Professor Estin on Immigration and Child Welfare

If children are increasingly the focus of immigration, then perhaps it is time that immigration focus on children. As Professor Estin reminds us, America has long been committed to the welfare and protection of children. This commitment is woven throughout American law. We affirm it as signatories to international accords. And when it comes to immigration, Congress has recognized...

The Trickle Up Effect: Incorporating An Understanding of Immigration Law and Policies Into Best Interest Analysis in State Child Welfare Proceedings

Immigration law is an area of legal practice that requires an understanding of a complex, ever-changing landscape. With policies and laws widely changing, sometimes within the span of 280 characters, immigration attorneys have to be ready to address each crisis facing our nation’s broken immigration system. In the past eight weeks, the United States Supreme Court has decided that...

Doing Better for Child Migrants

Professor Ann Laquer Estin’s Child Migrants and Child Welfare: Toward a Best Interests Approach makes several important contributions to our understanding of the complicated legal questions posed by a timely and too often tragic phenomenon: large numbers of unaccompanied child migrants, including many coming into the United States. Estin helpfully disentangles and explores the...

Child Migrants and Child Welfare: Toward A Best Interests Approach

Protections for unaccompanied minors in the U.S. immigration system can be traced to our constitutional values of due process and equal treatment; to the parens patriae tradition and best interests principle from family law; and to our commitments under international law including the Protocol to U.N. Convention on the Rights of the Child. With the Trafficking Victims Protection...

Inconsistent Trafficking Obligations and How Guyana Got Caught In the Middle

This Note will first analyze the mechanisms behind the enforcement of international trafficking laws and agreements which have, to a large extent, been disseminated by the United Nations and the United States. Specifically, this Note seeks to demonstrate how the use of sanctions by the United States, enacted in an effort to make adherence to international anti-trafficking norms...

The New Chinese Mental Health Laws

The United Nations Convention on the Rights of Persons with Disabilities is by far the most important international agreement yet developed concerning the mentally disabled. China adopted this Convention in 2008. In 2012 China went further—making major changes in the way that China deals with mental health issues in both its criminal and its civil law. Coming first was a new...

The Coalition Model, a Private-Public Strategic Innovation Policy Model For Encouraging Entrepreneurship and Economic Growth in the Era Of New Economic Challenges

Innovation driven entrepreneurial firms have an important role in contributing to job creation, generating technological innovation, and stimulating the United States economy. However, there is recently a notable decline in emerging growth entrepreneurial activity in the United States. The Coalition Model proposes ways to maximize opportunities for industry, academia, and...

Democratization: A Comparative Analysis of Lifted Economic Sanctions in Cuba and Burma

Democratization: A Comparative Analysis of Lifted Economic Sanctions in Cuba and Burma

The International Rule of Law and Economic Development

The Rule of Law and economic development have long been recognized as being inter-related – a successful society has both. The question is how the two are related. Some scholars argue that common law is more supportive of economic development, while others reject this and argue that the distinctions between common law and civil law have no effect on economic development. This...

The Dragon and the Eagle: Reforming China’s Securities IPO Laws in the U.S. Model, Pros and Cons

China is about to undergo a major reform of its securities offering and listing processes. Since the inception of China’s securities market in the early 1990s, the government has exercised tight control to determine which companies will be allowed to engage in initial public offerings and become listed on a national exchange. The system has led to both corruption and favoritism...

The Legality of a State Religion in a Secular Nation

By Eusef Robin Huq, Published on 01/01/18

Inclusive Capitalism Based on Binary Economics and Positive International Human Rights in the Age of Artificial Intelligence

The degree to which wage labor will sustain purchasing power over the long term has become a subject of renewed scrutiny in the twenty-first century. Decreasing labor share of compensation for economic growth and the development of disruptive automation technologies approaching human-level intelligence have invited inquiries into the institutions, rules, and norms driving the...

Constitutional Mobilization

People around the world are mobilizing for constitutional change. This global phenomenon has been underexplored in comparative constitutional studies. This Article introduces the concept of constitutional mobilization, theorizes about it, and offers an original, empirical case-study. First, it develops a general theoretical framework defined by the following key concepts...

"Your Old Road Is/ Rapidly Agin'": International Human Rights Standards and Their Impact on Forensic Psychologists, the Practice of Forensic Psychology, and the Conditions of Institutionalization of Persons with Mental Disabilities

For years, considerations of the relationship between international human rights standards and the work of forensic psychologists have focused on the role of organized psychology in prisoner abuse at Guantanamo Bay and Abu Ghirab. That issue has been widely discussed and debated, and these discussions show no sign of abating. But there has been virtually no attention given to...

Legal Pluralism and the Threat to Human Rights in the New Plurinational State of Bolivia

Bolivia, the chronically poor, landlocked Andean country has long seen its indigenous populations marginalized, languishing in underdevelopment. Spanish colonialists destroyed any vestige of the vibrant, complex civilization that existed in the region – including the religious, political and legal systems in place for centuries. In December 2005, Evo Morales Ayma was the first...

"Official

By Hancen Yu, Published on 01/01/17