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Volume 41 Category

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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Lost in Translation: International Criminal Tribunals and the Legal Implications of Interpreted Testimony

Jul. 24, 2012—When courtroom interpreters translate a witness’s testimony, errors are not just possible, they are inherent to the process.  Moreover, the occurrence of such errors is not merely a technical problem; errors can infringe on the rights of defendants or even lead to verdicts based on faulty findings of fact.  International criminal proceedings, which are necessarily...

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Neotrusteeship or Mistrusteeship? The “Authority Creep” Dilemma in United Nations Transitional Administration

Jul. 24, 2012—State failure poses one of the greatest threats to international peace and security.  The collapse of governing institutions breeds civil wars, generates refugee flows, causes enormous civilian suffering, foments instability in neighboring countries, and provides safe havens for transnational criminal and terrorist organizations.  As a result, commentators and policymakers have increasingly called for a remedy...

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The Bologna Process and Its Impact in Europe: It’s So Much More than Degree Changes

Jul. 24, 2012—The Bologna Process is a massive, multi-year project designed to create the “European Higher Education Area” by the year 2010.  It began ten years ago, when four European Union (EU) countries signed a relatively vague declaration.  It has grown to include forty-six countries, including all of the EU Member States and nineteen non-EU countries.  The...

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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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Do Norms Still Matter? The Corrosive Effects of Globalization on the Vitality of Norms

Jul. 23, 2012—Why does the process of globalization undermine the power of social norms to regulate behavior?  Norms are the social regularities that shape individual behavior and help to create vibrant—or dysfunctional—communities.  Most theories of norms do not account for the many ways that globalization affects the foundations of norms.  This Article fills the gap by developing...

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Liberating the Individual from Battles between States: Justifying Party Autonomy in Conflict of Laws

Jul. 23, 2012—Current theories of conflict of laws have one common feature: they all consider the question of the applicable law in terms of a conflict between states.  Legal systems are seen as fighting with each other over the application of law to a certain case.  From this perspective, the goal of conflicts methods is to assign...

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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.