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Notes Category

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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Dutch Treat: Netherlands Judiciary Only Goes Halfway Towards Adopting Delaware Trilogy in Takeover Context

Jul. 20, 2012—This Note examines Dutch takeover law in light of the current inter-EU competition to attract entities to individual Member States.  The recent hostile takeover of the Dutch bank, ABN AMRO, provides an excellent example of the Netherlands’ opportunity to use its judiciary to solidify its reputation as a competitive, business-friendly jurisdiction.  The Dutch Enterprise Chamber...

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Dubai or not Dubai?: A Review of Foreign Investment and Acquisition Laws in the U.S. and Canada

Jul. 20, 2012—The proposed purchase of a British company that controlled several ports in the United States by Dubai Ports World could accurately be described as one of the most politically contentious acquisitions in U.S. history.  The transaction raised questions not only about U.S. foreign investment laws but provoked national security concerns, as well.  Similar issues were...

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Whose Child Is This?: Genetic Analysis and Family Reunification Immigration in France

Jul. 20, 2012—In an attempt to limit fraudulent family reunification immigration and control how many migrants enter its borders, France statutorily implemented the use of DNA testing in family reunification immigration in late 2007. Where an immigrating child possesses suspicious documentation, and the child is seeking to reunite with his or her mother in France, the statute...

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Law Triangle: Arbitrating International Reinsurance Disputes Under the New York Convention, the McCarran–Ferguson Act, and Antagonistic State Law

Jul. 20, 2012—The McCarran–Ferguson Act was enacted to preserve the longstanding prerogative of the States to regulate the insurance industry.  States have acted in accordance with this statute to declare arbitration agreements in insurance contracts invalid.  However, the Senate has since ratified the New York Convention and appended implementing legislation to the Federal Arbitration Act that obligates...

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You Get What You Pay For?: Rethinking U.S. Organ Procurement Policy in Light of Foreign Models

Jul. 11, 2012—The U.S. organ transplant system is in crisis due to the paucity of transplantable organs.  Such a shortage exists because otherwise viable organs are too often buried along with the bodies in which they reside.  Organs are wasted because the existing U.S. organ transplant system sets up barriers to organ donation—chiefly the legal presumption of...

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Advertising Obesity: Can the U.S. Follow the Lead of the UK in Limiting Television Marketing of Unhealthy Foods to Children?

Jul. 11, 2012—Childhood obesity has tripled in the U.S. since the 1970s, and television advertisement of unhealthy foods has been linked to the unhealthy eating habits of children.  The United Kingdom, facing a similar problem, promulgated regulations in 2007 banning the advertisement of foods high in fat, sodium, and sugar during programming directed at children below age...

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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.