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Volume 46 Category

First Amendment and ““Foreign-Controlled”” U.S. Corporations: Why Congress Ought to Affirm Domestic Subsidiaries’’ Corporate Political-Speech Rights

Apr. 11, 2013—Political spending in the modern-day, prolonged election cycle continues to exceed historic proportions. With money equated to speech, whether the First Amendment entitles certain contributors to engage in this political activity remains an open question. Unlike France and Israel, which prohibit corporate contributions, and Canada and the United Kingdom, which turn to public funding for...

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Hate Speech and Persecution: A Contextual Approach

Apr. 11, 2013—Scholarly work on atrocity-speech law has focused almost exclusively on incitement to genocide. But case law has established liability for a different speech offense: persecution as a crime against humanity (CAH). The lack of scholarship regarding this crime is puzzling given a split between the International Criminal Tribunal for Rwanda and the International Criminal Tribunal...

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Stateless in the United States: Current Reality and a Future Prediction

Apr. 11, 2013—Statelessness exists in the United States——a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize...

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Lexis Nexus Complexus: Comparative Contract Law and International Accounting Collide in the IASB––FASB Revenue Recognition Exposure Draft

Apr. 11, 2013—U.S. and international accounting-standard setters plan to launch a new, global revenue accounting standard, Revenue from Contracts with Customers, in 2013. Poised at the nexus of comparative contract law and international accounting, the proposal’’s contract-based revenue recognition model creates new legal risks and opportunities for accountants, lawyers, clients, and financial statement users. Despite its focus...

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Beyond Regulation: A Comparative Look at State-Centric Corporate Social Responsibility and the Law in China

Apr. 11, 2013—Corporate social responsibility (CSR) is often understood as the voluntary actions firms take beyond legal compliance. However, in recent years, governments around the world have also begun to actively promote CSR, reflecting broader governance trends that embrace “soft law,” quasi-voluntary standards, and other novel incentives to move companies toward and beyond minimum regulatory goals. Comparative...

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The Point of a Points System: Attracting Highly Skilled Immigrants the United States Needs and Ensuring Their Success

Feb. 12, 2013—In a globalizing world, labor is an increasingly mobile and competitive resource. Responding to this changing labor market, countries like Canada, the United Kingdom, and Australia have adopted points systems with the goal of attracting talented, highly skilled immigrants. In the United States, however, much of the national focus on immigration remains on deterring illegal...

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Liberalizing the Law in the Land of the Lord: Limits to the Americanization of Israeli Religious Jurisprudence

Feb. 12, 2013—This Note presents an analysis of American and Israeli constitutional jurisprudence concerning matters of religion. Recently, there has been a shift in Israel’s High Court of Justice toward implementing values of individual rights and religious pluralism. Some have analogized this shift in focus to the role played by the U.S. Supreme Court. However, fundamental differences...

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Returning Sovereignty to the People

Feb. 12, 2013—Governments across the world regularly invoke sovereignty to demand that the international community “mind its own business” while they commit human rights abuses. They proclaim that the sovereign right to be free from international intervention in domestic affairs permits them unfettered discretion within their territory. This Article seeks to challenge those proclamations by resort to...

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Jurisdictional Standards (and Rules)

Feb. 12, 2013—This Article uses the jurisprudential dichotomy between two opposing types of legal requirements—“rules” and “standards”—to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option...

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“Gray Zone” Constitutionalism and the Dilemma of Judicial Independence in Pakistan

Feb. 12, 2013—Many countries exist in a “gray zone” between authoritarianism and democracy. For countries in this conceptual space—which is particularly relevant today given the halting path of change in the Arab world—scholars, judges, and rule of law activists conventionally urge an abstract notion of “judicial independence” as a prerequisite for successful democratic transition. Only recently, for...

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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.