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Notes Category

Stopping the Circling Vultures: Restructuring a Solution to Sovereign Debt Profiteering

Jan. 30, 2016—Elisa Beneze is a third-year student at Vanderbilt University Law School. Her Note uses the sovereign debt crisis in Argentina to explore the larger problem of hedge funds that engage in sovereign debt profiteering. When a sovereign state becomes unable to repay its debts and enters into default, an ideal outcome involves a quick and...

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If You Can’t Beat Them, Join Them: The U.S. Solution to the Issue of Corporate Inversions

Nov. 30, 2015—Scott DeAngelis is a J.D./Ph.D. candidate studying Law and Economics at Vanderbilt University Law School. His note addresses corporate inversions. There is an old proverb, “If you can’t beat them, join them,” that suggests that those who cannot win against some group should stop fighting and instead band together with them. It seems clear that...

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Agreement in Principle: A Compromise for Activist Shareholders from the UK Stewardship Code

Jun. 16, 2015—Equity ownership in the United States and Europe is now highly concentrated in the hands of institutional investors, which gives rise to new problems of agency and corporate governance. These large investment intermediaries, such as mutual funds, specialize in maximizing beneficial owner value based on short-term performance benchmarks but lack the expertise and incentive to...

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Who Speaks for the Fish? The Tragedy of Europe’s Common Fisheries Policy

Jun. 16, 2015—The Common Fisheries Policy, enacted in 1983 as the European Union’s primary overfishing regulation scheme, is widely regarded as a failure. Vast overexploitation in Europe’s fisheries persists thirty years later, posing grave ecological consequences as well as economic devastation to Europe’s fishing industry. In 2013, the EU overhauled the Common Fisheries Policy and enacted measures...

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The Future of Sharia Law in American Arbitration

Jun. 16, 2015—A rising tide of Islamophobia in the United States has led, in recent years, to state-level efforts to prohibit the application of Sharia law in American courts. While these bans have been largely unsuccessful as legislation—the U.S. Tenth Circuit Court of Appeals has even declared one such ban unconstitutional—the growing uneasiness among Americans regarding the...

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Confused, Frustrated, and Exhausted: Solving the U.S. Digital First Sale Doctrine Problem Through the International Lens

Mar. 29, 2015—Users worldwide enjoy digital goods such as music and e-books on a daily basis. They have become a major part of people’s lives, with uses ranging from lighthearted entertainment to serious educational pursuits. In many cases, convenience and affordability make digital goods more preferable than their analog counterparts. However, users often cannot use digital goods...

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The Faults in “Fair” Trials: An Evaluation of Regulation 55 at the International Criminal Court

Mar. 29, 2015—Despite its reputation as a “provision of an exceptional nature,” Regulation 55 has become one of the most contested procedural devices employed by the judges at the International Criminal Court (ICC). Hailing from civil law tradition, Regulation 55 permits the ICC to modify the charges against an accused at any time—either during or after the...

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Manifest Illegality and the ICC Superior Orders Defense: Schuldtheorie Mistake of Law Doctrine as an Article 33(1)(c) Panacea

Dec. 20, 2014—While the Anglo-American and international legal systems adhere to the rule that “a mistake of the law excuses no one,” German Schuldtheorie mistake of law doctrine provides for a mistake of law excuse if a defendant’s mistaken belief in the lawfulness of his conduct was unavoidable. In a distinct but increasingly overlapping area of law,...

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Getting Off the Mommy Track: An International Model Law Solution to the Global Maternity Discrimination Crisis

Dec. 20, 2014—Women’s roles in workplaces around the globe have been growing steadily for the past half-century. Yet, in everything from pay to advancement, workplace gender discrimination persists, much of it based on women’s unique role as child bearers. Of the countless domestic and international efforts to address maternity discrimination, none has been completely successful. Drawing from...

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Soy Dominicano – The Status of Haitian Descendants Born in the Dominican Republic and Measures to Protect Their Right to a Nationality

Nov. 27, 2014—In September 25, 2013, the Constitutional Tribunal of the Dominican Republic retroactively interpreted the Dominican Constitution to deny Dominican citizenship to children born to irregular migrants in Dominican territory since 1929. The tribunal’s decision disproportionately affects approximately two hundred thousand persons of Haitian descent. In general, states have the right to determine their nationality criteria....

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ANNOUNCEMENTS

The Journal is pleased to announce its 2018-2019 Board of Editors. View the complete masthead here.

Vanderbilt University Law School Professor Michael A. Newton’s 2016 VJTL Article entitled How the International Criminal Court Threatens Treaty Norms  was cited by the International Criminal Court prosecutor’s November 2017 filing seeking investigation into war crimes in Afghanistan.

May 2018 Issue on the Second Israel Defense Forces International Conference on the Law of Armed Conflict. Read more about the Journal’s May 2018 issue here.

Thank you to everyone who attended the Journal’s 50th Anniversary celebration on October 5, 2017! View photos from the event here and read about the Journal’s history here.

Connect with the Vanderbilt Journal of Transnational Law on LinkedIn.

The Journal is pleased to listed as the #5 International Law Journal by the 2017 Washington and Lee Law Journal Rankings.

The Journal is very excited about the success of our February 2017 Symposium, “Sovereign Conduct on the Margins of the Law.” Read more about our February 2017 Symposium here

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2017-2018 Write-On Competition Winners.

Video is available from the Vanderbilt Journal of Transnational Law’s 2015-2016 SymposiumThis is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch here.