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Notes Category

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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The Regulation of DDT: A Choice between Evils

Jul. 23, 2012—DDT has the potential for great benefit and great harm.  It is currently the most efficient method for controlling malaria, particularly for those countries the disease affects most.  However, it also causes global pollution and damages the health of humans and wildlife.  These characteristics of DDT make regulating DDT difficult because they create a need...

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Looking Beyond the Dabhol Debacle: Examining its Causes and Understanding its Lessons

Jul. 23, 2012—This Note analyzes foreign direct investment in India, looking into the investment troubles surrounding the Dabhol power project, India’s largest foreign investment project to date.  After providing an introduction to the mechanics of project finance and a backdrop to the Dabhol power project, the Note considers whether the Indian government’s actions, specifically the use of...

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Voodoo Economics: A Look Abroad for a Supply-Side Solution to America’s Campaign-Finance Riddle

Jul. 23, 2012—The title of this Note—“voodoo economics”—is, at its core, an analogy: U.S. campaign-finance regulation operates like a price ceiling in the political money marketplace. Political campaigns are financed through money-for-access transactions and campaign-finance regulation caps the level of exchange. Like any other price ceiling, regulation is both effective and flawed. It suppresses the “price” of...

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Towards Global Convenience, Fairness, and Judicial Economy: An Argument in Support of Conditional Forum Non Conveniens Dismissals Before Determining Jurisdiction in United States Federal District Courts

Jul. 20, 2012—The Supreme Court held in Sinochem Int’l Co. Ltd. v. Malaysia Int’l Shipping Corp., that federal district courts can dismiss cases under forum non conveniens before determining jurisdiction.  The facts of Sinochem did not allow the Court to determine whether a court may conditionally dismiss under forum non conveniens before determining jurisdiction, but this Note...

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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.