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Vol. 40 No. 3 Category

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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Coercion, Causation, and the Fictional Elements of Indirect State Responsibility

Aug. 16, 2012—This Article provides an in-depth analysis of Article 18 of the 2001 ILC Draft Articles on State Responsibility, which holds a coercing state indirectly responsible for an injurious act committed by a coerced state.  Not only does this provision lack support from state practice, but the structural and logical flaws within the current formulation ensure...

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To Condone or Condemn? Regional Enforcement Actions in the Absence of Security Council Authorization

Aug. 16, 2012—The U.N. Charter establishes that regional arrangements may not take enforcement actions without authorization from the Security Council.  Yet the international community does not always enforce this Charter rule.  Major international actors repeatedly tolerate deviations from it even as they assert that it allows no exceptions.  This Article examines that practice, arguing that two different...

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India-Pakistan Relations: Legalization and Agreement Design

Aug. 16, 2012—This Article examines agreements between India and Pakistan to determine if there are design features that played a part in their success or failure. The analysis draws on insights from scholarship at the intersection of international relations theory and international law. The Article attempts to show that India and Pakistan share attributes that are particularly...

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The Legal and Social Implications of Insolvent Cross-Border Real Estate Developers: Reviewing the U.S. and Canadian Commercial Real Estate Markets

Aug. 16, 2012—This article analyzes the phenomena associated with cyclical real estate markets, discussing the theoretical and market influences which motivate developers during this cycle. Fluctuating commercial real estate markets necessitate a focus on market upswings and downswings, and consideration of the roles and motivations of a wide array of actors, ranging from industry analysts and developers...

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Elite Law Firm Mergers and Reputational Competition: Is Bigger Really Better? An International Comparison

Aug. 16, 2012—Although rapid law firm growth has persisted since the 1980s, the acceleration of this trend over the last decade by means of mergers is puzzling.  Why would normally conservative law firms embark on a merger strategy that appears to encompass significant risk and uncertain benefits?  Is this trend a peculiarly U.S. phenomenon? Most of the...

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ANNOUNCEMENTS

The Journal is pleased to announce its 2018-2019 Board of Editors. Complete-Masthead-2018-2019

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.