Law Commons^™

Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber

Vanderbilt Journal of Transnational Law

This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.

Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matters. …

Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner

Vanderbilt Journal of Transnational Law

This Note proposes an alternative to the current international legal system for addressing the worldwide environmental crisis. The author describes the conditions of the environment and argues that the current legal system is incapable of responding to the already severe global environmental crisis. The author suggests that a network of environmental nongovernmental organizations (NGOs) can obtain results that are currently beyond the capabilities of either individual states or traditional international organizations. The main function of this type of network would be to collect and disseminate information to facilitate environmental action. The author also proposes a specific construction for an environmental …

Case Digest-Vol.24-No.1, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

I. NATIVE AMERICANS/JURISDICTION NATIVE AMERICAN TRIBAL COURT DOMESTIC RELATIONS DETERMINATION ENTITLED TO FULL FAITH AND CREDIT PURSUANT TO INDIAN CHILD WELFARE ACT OF 1978 DESPITE CHALLENGE BY STATE OF ALASKA BASED ON PUBLIC LAW 280. Native Village of Venetie LR.A. Council v. Alaska, 918 F.2d 797 (9th Cir. 1990).

II. INTERNATIONAL TRADE …