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Vol. 41 No. 5 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...

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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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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....

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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...

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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...

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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...

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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.