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Notes Category

Solving “The Gravest Natural Resource Shortage You’ve Never Heard Of:” Applying Transnational New Governance to the Phosphate Industry

May. 29, 2013—Experts believe that global reserves of phosphates, an essential and irreplaceable ingredient in fertilizers, will only last another fifty to one hundred years. Although the consequences of a phosphate shortage include a global famine and decreased world population, the phosphate industry today operates with little concern for sustainable mining and use of the resource. Because...

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A Behavioral Economic Approach to Nuclear Disarmament Advocacy

May. 29, 2013—Nuclear disarmament advocates have provided a strong moral voice for the total disarmament of nuclear weapons, but if they are to remain credible participants in the disarmament process, they must redouble their efforts to assist in the difficult technical and political obstacles that stand in the way of a world without nuclear weapons. This Note...

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International Student Athletes and NCAA Amateurism: Setting an Equitable Standard for Eligibility after Proposal 2009-22

Apr. 11, 2013—The United States is often called the land of opportunity. In many ways it has proven so, but this is not always the case. International student athletes are not granted equitable treatment with their American peers under National Collegiate Athletic Association (NCAA) amateurism rules. While the NCAA bylaws, through Proposal 2009-22, grant international student athletes...

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Towards a Declaratory School of Government Recognition

Apr. 11, 2013—Recognition of governments has historically been a political matter. Governments could choose to recognize or not to recognize any other government, free from the auspices of international law. However, in the wave of prodemocracy optimism after the dissolution of the Soviet Union, a group of international legal scholars declared the existence of a universal democratic...

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First Amendment and ““Foreign-Controlled”” U.S. Corporations: Why Congress Ought to Affirm Domestic Subsidiaries’’ Corporate Political-Speech Rights

Apr. 11, 2013—Political spending in the modern-day, prolonged election cycle continues to exceed historic proportions. With money equated to speech, whether the First Amendment entitles certain contributors to engage in this political activity remains an open question. Unlike France and Israel, which prohibit corporate contributions, and Canada and the United Kingdom, which turn to public funding for...

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The Point of a Points System: Attracting Highly Skilled Immigrants the United States Needs and Ensuring Their Success

Feb. 12, 2013—In a globalizing world, labor is an increasingly mobile and competitive resource. Responding to this changing labor market, countries like Canada, the United Kingdom, and Australia have adopted points systems with the goal of attracting talented, highly skilled immigrants. In the United States, however, much of the national focus on immigration remains on deterring illegal...

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Liberalizing the Law in the Land of the Lord: Limits to the Americanization of Israeli Religious Jurisprudence

Feb. 12, 2013—This Note presents an analysis of American and Israeli constitutional jurisprudence concerning matters of religion. Recently, there has been a shift in Israel’s High Court of Justice toward implementing values of individual rights and religious pluralism. Some have analogized this shift in focus to the role played by the U.S. Supreme Court. However, fundamental differences...

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A Chink in the Armor: How a Uniform Approach to Proportionality Analysis Can End the Use of Human Shields

Nov. 28, 2012—The appropriate response to human shields is a recurring issue in modern warfare. Technological asymmetry, disparate obligations, and doctrinal divergence between state and nonstate adversaries combine to make civilians account for 84 percent of combat deaths. Just as a slot machine entices a gambler though he rarely wins, the international community’s inconsistent response to human...

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The Grass Is Always Greener: Keystone XL, Transboundary Harms, and Guidelines for Cooperative Environmental-Impact Assessment

Nov. 28, 2012—While general understanding of environmental harms has become more geographically sophisticated, environmental-impact assessment (EIA) law has lagged behind. Although nations now understand complex environmental processes and relationships that extend well beyond their borders, EIA law remains trapped in a domestic structure that is ill-prepared to assess harms outside its jurisdiction. By looking at the U.S....

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Reconsidering the U.S. Patent System: Lessons from Generics

Nov. 2, 2012—Scholars and pharmaceutical industry representatives consider the United States a worldwide leader in pharmaceutical innovation. However, the recent expansion of the international generics market has threatened the strength of the U.S. pharmaceutical industry. The pressure has led to the U.S. market’s overreliance on a patentability standard that blocks generics competition without contributing substantially to the...

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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.