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Volume 48 Category

Agreement in Principle: A Compromise for Activist Shareholders from the UK Stewardship Code

Jun. 16, 2015—Equity ownership in the United States and Europe is now highly concentrated in the hands of institutional investors, which gives rise to new problems of agency and corporate governance. These large investment intermediaries, such as mutual funds, specialize in maximizing beneficial owner value based on short-term performance benchmarks but lack the expertise and incentive to...

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Judges as Guardian Angels: The German Practice of Hints and Feedback

Jun. 16, 2015—The German practice of Richterliche Hinweispflicht is a judicial duty to give hints and feedback. In a very proactive position, the German judge asks questions of the parties designed to clarify and sharpen the key facts and issues and to give the parties a chance to correct matters that may be grounds for disposition. German...

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Who Speaks for the Fish? The Tragedy of Europe’s Common Fisheries Policy

Jun. 16, 2015—The Common Fisheries Policy, enacted in 1983 as the European Union’s primary overfishing regulation scheme, is widely regarded as a failure. Vast overexploitation in Europe’s fisheries persists thirty years later, posing grave ecological consequences as well as economic devastation to Europe’s fishing industry. In 2013, the EU overhauled the Common Fisheries Policy and enacted measures...

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Religious Rights in Historical, Theoretical, and International Context: Hobby Lobby as a Jurisprudential Anomaly?

Jun. 16, 2015—The United States has a long and complicated history concerning religious rights, and the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. has done little to clear up the jurisprudence in this field. Although the decision will doubtless generate a great deal of commentary as a matter of constitutional and statutory...

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The Future of Sharia Law in American Arbitration

Jun. 16, 2015—A rising tide of Islamophobia in the United States has led, in recent years, to state-level efforts to prohibit the application of Sharia law in American courts. While these bans have been largely unsuccessful as legislation—the U.S. Tenth Circuit Court of Appeals has even declared one such ban unconstitutional—the growing uneasiness among Americans regarding the...

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Human Trafficking and Labor Migration: The Dichotomous Law and Complex Realities of Filipina Entertainers in South Korea and Suggestions for Integrated and Contextualized Legal Responses

Jun. 16, 2015—This Article examines the complex legal situation of Filipina “entertainers” in U.S. military camp towns in South Korea: the individuals located at the intersection of human trafficking and labor migration. The Article investigates how the dichotomous law fails to recognize these entertainers as either trafficking victims or as migrant workers. The law therefore denies proper...

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Confused, Frustrated, and Exhausted: Solving the U.S. Digital First Sale Doctrine Problem Through the International Lens

Mar. 29, 2015—Users worldwide enjoy digital goods such as music and e-books on a daily basis. They have become a major part of people’s lives, with uses ranging from lighthearted entertainment to serious educational pursuits. In many cases, convenience and affordability make digital goods more preferable than their analog counterparts. However, users often cannot use digital goods...

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The Faults in “Fair” Trials: An Evaluation of Regulation 55 at the International Criminal Court

Mar. 29, 2015—Despite its reputation as a “provision of an exceptional nature,” Regulation 55 has become one of the most contested procedural devices employed by the judges at the International Criminal Court (ICC). Hailing from civil law tradition, Regulation 55 permits the ICC to modify the charges against an accused at any time—either during or after the...

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The Political Economy and Legal Regulation of Transnational Commercial Surrogate Labor

Mar. 29, 2015—India’s commercial surrogacy business has been the focus of intense media scrutiny for the past decade. In that time, it has grown from a $400 million industry to over $2 billion. While the growth in the surrogacy market has been rapid and widespread, the Indian government has struggled to regulate it as a business, as...

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Alternate Judges as Sine Qua Nons for International Criminal Trials

Mar. 29, 2015—When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge—who had not...

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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.