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Volume 43 Category

The United States Guestworker Program: The Need for Reform

Jul. 5, 2012—Although often marginalized, guestworkers are an integral part of the United States economy.  In 2006 alone, the U.S. government certified visas for 18,736 temporary workers.  The program expanded in subsequent years and continues to grow each year.  Despite its broad scope, huge impact on the labor force, and the extensive existing legislation regarding it, the...

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Did Trinko Really Kill Antitrust Price Squeeze Claims? A Critical Approach to the Linkline Decision Through a Comparison of E.U. and U.S. Case Law

Jul. 5, 2012—This Article presents a critical analysis of the Linkline case that refuses to recognize price squeeze claims as antitrust claims under § 2 of the Sherman Act.  It argues that Linkline gives a distorted reading of Trinko without giving proper attention to the application of § 2 of the Sherman Act.  The Linkline decision takes a dogmatic...

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Civilians in Cyberwarfare: Conscripts

Jul. 5, 2012—Civilian-owned and -operated entities will almost certainly be a target in cyberwarfare because cyberattackers are likely to be more focused on undermining the viability of the targeted state than on invading its territory.  Cyberattackers will probably target military computer systems, at least to some extent, but in a departure from traditional warfare, they will also...

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In Defense of Transnational Domestic Labor Regulation

Jul. 5, 2012—Transnational domestic labor regulation (TDLR) is unilateral regulation introduced by a government to influence labor practices in foreign jurisdictions.  TDLR has the potential to empower foreign workers and influence the balance of power in foreign industrial relations systems in ways that might lead to improved labor conditions.  Particularly interesting is the potential for TDLR to...

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Panacea or Pathetic Fallacy? The Swiss Ban on Minarets

Jul. 5, 2012—On November 29, 2009, Swiss voters adopted a ballot initiative introducing a constitutional ban on the construction of minarets.  This Article provides a thick description of the minaret vote’s context.  A legal analysis addresses the implications of the ban under national, regional, and international normative frameworks.  The Article argues that the ban is irreconcilable with...

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Forgive Me, Founding Fathers for I Have Sinned: A Reconciliation of Foreign Affairs Preemption After Medellin v. Texas

Jul. 5, 2012—The Supremacy Clause of the U.S. Constitution grants the federal government the authority to make the law of the land and, in turn, preempt state law that is incompatible with the federal government’s legislative and treaty making efforts.  In addition, other provisions of the Constitution authorize the federal government to participate in matters of foreign...

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A Model Copyright Exemption to Serve the Visually Impaired: An Alternative to the Treaty Proposals Before WIPO

Jul. 5, 2012—Copyright law presents visually impaired persons with serious barriers to access of the written word.  A recent international effort seeks to remove these barriers to access, in limited instances, by allowing the creation of accessible formats of copyrighted works.  While bodies like the World Blind Union—through several South American states—have presented draft treaties to the...

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One New President, One New Patriarch, and a Generous Disregard for the Constitution: A Recipe for the Continuing Decline of Secular Russia

Jul. 5, 2012—The government of Russia and the Russian Orthodox Church (ROC)—the country’s predominant religious group—recently underwent back-to-back changes in each institution’s respective leadership.  This coincidence of timing affords a unique opportunity to reassess the status of constitutional secularism and church–state relations in the Russian Federation. Following a discussion of the presidential and patriarchal elections that occurred...

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Deconstructing Transnationalism: Conceptualizing Metanationalism as a Putative Model of Evolving Jurisprudence

Jul. 5, 2012—This Article builds upon Philip C. Jessup’s revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems.  To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in...

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Catfish, Shrimp, and the WTO: Vietnam Loses Its Innocence

Jul. 5, 2012—This Article explores the advantages that WTO membership brings to Vietnam in connection with antidumping disputes.  In particular, this Article examines the trade relationship between Vietnam and the United States, including disputes over catfish and shrimp, prior to Vietnam’s accession to the WTO.  The Article concludes that Vietnam’s WTO membership and experience with catfish and...

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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.