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Notes Category

The Equator Principles: The Private Financial Sector’s Attempt at Environmental Responsibility

Aug. 21, 2012—The Equator Principles are a set of voluntary environmental guidelines created to manage environmental degradation that results from large-scale developmental projects in the Third World.  On June 4, 2003, ten private financial institutions adopted these guidelines, and by the end of 2006 this number had grown to forty.  Moreover, in June 2006 the Principles were...

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Multinational Enterprises and Workplace Reproductive Health: Extending Corporate Social Responsibility

Aug. 21, 2012—Corporate social responsibility is a relatively new approach to the protection of human rights. While the human rights to whole-body health and workplace health are long-standing, the right to reproductive health is a new topic of discussion. This Note examines the right to reproductive health in the workplace and proposes that it would be best...

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Creating the Right Mentality: Dealing with the Problem of Juror Delinquency in the New South Korean Lay Participation System

Aug. 21, 2012—The Judiciary Reform Committee of South Korea has planned to implement a five year pilot program that will allow public participation in trials.  This will be the first time in the nation’s judicial history that lay participation will be used.  The format of the pilot program will be a mixture of the U.S.-style jury system...

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The Title VII Tug-of-War: Application of U.S. Employment Discrimination Law Extraterritorially

Aug. 16, 2012—Companies around the world increasingly are engaging in cross-border business transactions.  Globalization is a must if companies want to continue to be competitive in the marketplace—indeed it is an inevitable reality.  However, in the midst of this reality is another reality: the legal implications of establishing operations abroad.  Transnational expansion introduces companies to an interesting...

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A Paper Tiger with Bite: A Defense of the War Powers Resolution

Aug. 16, 2012—The War Powers Resolution (WPR) has led a beleaguered existence.  Since its enactment in 1973, it has been labeled ineffectual and useless.  This Note proves, however, that to review presidential unilateral uses of force since 1973 is to find a spirit of compliance with the WPR, as these uses of force have been characterized by...

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Judicial Interference: Redefining the Role of the Judiciary within the Context of U.S. and E.U. Merger Clearance Coordination

Jul. 25, 2012—In December 2003, Sony and Bertelsmann AG (BMG) sought approval from the Federal Trade Commission and European Commission to effectuate a joint venture between the two companies.  Remarkably, almost two years after both antitrust authorities had cleared the Sony-BMG joint venture, the Court of First Instance annulled the European Commission’s decision to approve the transaction. ...

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Resolving the Dissonance of Rodriguez and the Right to Education: International Human Rights Instruments as a Source of Repose for the United States

Jul. 24, 2012—Education exists as a fundamental right recognized by countries worldwide.  Overwhelming support for the right to education is reflected in international human rights instruments, including the International Convention on Economic, Social, and Cultural Rights and the Convention on the Rights of the Child.  Notwithstanding a near global consensus on this issue, the United States has...

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Reinventing American Immigration Policy for the 21st Century

Jul. 24, 2012—With an estimated eleven to twelve million undocumented workers currently in the United States, the need for immigration reform is critical.  As lawmakers grapple with the question of how to best meet the needs of the country, they should keep in mind that the United States is a country of immigration.  If the U.S. reverts...

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Increasing Global Demand for an Uncensored Internet—How the U.S. Can Help Defeat Online Censorship by Facilitating Private Action

Jul. 24, 2012—This Note discusses efforts to defeat government censorship of the Internet.  In the narrow meaning of that idea, this Note initially discusses technological efforts to circumvent government-imposed Internet firewalls; in the broader sense, it addresses the larger goal of inducing censoring governments to bring their firewalls down.  Proposed U.S. legislation would provide U.S. government funding...

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Tissue Tug-of-War: A Comparison of International and U.S. Perspectives on the Regulation of Human Tissue Banks

Jul. 23, 2012—Every day in the United States and around the world, patients and research participants at hospitals and doctors’ offices give biological samples, whether in the form of surgically removed cancer tissue or a routine blood sample.  Many of these patients are entirely unaware that their tissues were not thrown out as hazardous waste, and instead...

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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.

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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.