Skip to main content

Volumes Category

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...

Read more


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...

Read more


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...

Read more


Testing Japan’s Convictions: The Lay Judge System and the Rights of Criminal Defendants

Jul. 20, 2012—Japan has endured considerable international and domestic criticism over the way its criminal justice system treats criminal defendants.  The system shows little regard for defendants’ constitutional rights, and media reports about forced confessions and wrongful convictions are creating grassroots pressures to uphold the right to counsel, the right to silence, and the presumption of innocence....

Read more


Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings

Jul. 20, 2012—A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses.  Reporting on the status of human trafficking achieves both goals.  This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to...

Read more


The Un-Exceptionalism of U.S. Exceptionalism

Jul. 20, 2012—This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal exceptionalism of other countries. It puts U.S. exceptionalism in perspective by identifying European exceptionalism as well as noting developing country exceptionalism, pointing to the exceptional rules sought by the European Union and by developing countries in numerous...

Read more


Can We Talk? Overcoming Barriers to Mediating Private Transborder Commercial Disputes in the Americas

Jul. 20, 2012—This Article examines cognitive and cultural barriers creating the relatively infrequent use of mediation to resolve private, transborder commercial disputes in the Americas.  It begins by analyzing the challenges presented by transborder commercial litigation.  It then presents and supports the claim that international arbitration, the most frequently used transborder commercial dispute resolution method, suffers from...

Read more


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...

Read more


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...

Read more


Non-Refoulement: The Search for a Consistent Interpretation of Article 33

Jul. 11, 2012—The international community rose to the challenge of addressing mass migration with the 1951 Convention Relating to the Status of Refugees (1951 Convention).  The 1951 Convention established several important concepts as binding international law, including the requirements for refugee classification and the principle of non-refoulement.  The duty of non-refoulement prohibits state-parties from expelling or returning...

Read more


>

ExpressO Top 10 Law Review


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.