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Articles 1 - 21 of 21
Full-Text Articles in Law
Trump V. Tiktok, Anupam Chander
Trump V. Tiktok, Anupam Chander
Vanderbilt Journal of Transnational Law
How did a Chinese big tech company beat the president of the United States? When then-President Donald Trump sought to ban TikTok, ostensibly because of its Chinese roots, US courts came to TikTok's rescue. Rather than deferring to the president's claims of a national security emergency justifying the ban, courts held that the president lacked statutory authority to ban TikTok. This Article chronicles the Trump administration's attempt to either ban TikTok or to compel its sale to a "very American" company, preferably one led by a political ally. The TikTok affair thus demonstrates what Harold Koh calls the National Security …
Charney Lecture: The Rule Of Law In International Security Affairs: A U.S. Defense Department Perspective, Paul C. Ney, Jr.
Charney Lecture: The Rule Of Law In International Security Affairs: A U.S. Defense Department Perspective, Paul C. Ney, Jr.
Vanderbilt Journal of Transnational Law
Thank you very much for inviting me here today. I am especially grateful to Dean Chris Guthrie, Professor Mike Newton, and Mrs. Sharon Charney, who generously endowed this lecture series in memory of her late husband, Professor Jonathan Charney. Thank you, as well, to all the members of the Charney family for sharing him with the Vanderbilt community. Professor Charney taught at Vanderbilt for forty years and was one of the nation's preeminent scholars and practitioners of international law. He was a member of the U.S. delegation to the Third United Nations Conference on the Law of the Sea, which …
Harold Maier, Comity, And The Foreign Relations Restatement, Andreas F. Lowenfeld
Harold Maier, Comity, And The Foreign Relations Restatement, Andreas F. Lowenfeld
Vanderbilt Journal of Transnational Law
Hal Maier's career and mine have interacted in several respects. We have both served in the Legal Adviser's Office of the State Department; we have both taught Conflict of Laws as well as International Law; and we have both tried to show--I believe successfully--that there is no sharp divide between "Public International Law" and "Private International Law." In particular, we have both been interested in the reach and limits of economic regulation across international frontiers, initially in connection with antitrust and securities regulation, but also in connection with economic sanctions, pollution controls, and other interactions of governmental and private activity. …
The Professional Professor, Kent D. Syverud
The Professional Professor, Kent D. Syverud
Vanderbilt Journal of Transnational Law
Welcome to the Vanderbilt Law School and to this happy occasion in which we reflect on the life and career of Jonathan Charney. I say this is a "happy" occasion deliberately. There have been two months and a lot of tears since Jonathan died, and I know for many people here including me the loss is still deeply felt in expected and unexpected ways. But we are celebrating today, and we should be happy as we reflect on the extraordinary career and accomplishments and life of Jonathan Charney.
Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe
Time For A New Approach? Federalism And Foreign Affairs After "Crosby V. National Foreign Trade Council", James J. Pascoe
Vanderbilt Journal of Transnational Law
On June 19, 2000, in Crosby v. National Foreign Trade Council--a much-anticipated decision involving the intersection of federalism and foreign relations--the U.S. Supreme Court struck down a Massachusetts law restricting state purchases from companies doing business in Burma. Crosby represents the Court's first consideration not only of local selective purchasing laws but, more importantly, its first consideration of the sort of subnational sanctions first developed by state and local governments during the anti-apartheid campaign of the 1980's. Thus, Crosby may pose an obstacle to human rights activism by local governments using economic sanctions to punish perceived human-rights offenders.
Because the …
Book Review: Right V. Might--International Law And The Use Of Force, Erik M. Jensen
Book Review: Right V. Might--International Law And The Use Of Force, Erik M. Jensen
Vanderbilt Journal of Transnational Law
Right V. Might contains much of interest, and it is a useful primer. But it is not helpful as a guide to national behavior. The amoralistic positions of many of its contributors are not ones that the United States, or any other states concerned with principle, should adopt. The United Nations Charter, narrowly construed, is not a moral document. While few seriously advocate the Charter's repudiation, moral discourse would not be harmed by such an act, and life would go on with states acting largely, although not entirely, on the basis of perceived self-interest. Professor Henkin uses doomsday rhetoric to …
Foreign Relations And National Security Law, Stuart S. Malawer
Foreign Relations And National Security Law, Stuart S. Malawer
Vanderbilt Journal of Transnational Law
"Foreign relations law" as it relates to foreign policy and national security is an area of specialization that has recently witnessed publication of two significant works. A third major publication has already appeared in final draft and is about to be printed. These publications evidence the growth of foreign relations law and validate it as a separate field of study. This distinct area of the law draws subjects from other areas, which are all too often given minimal attention, into a coherent course with a specific focus.
Foreign relations law should be the introductory course in international studies in law …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Books Received
CONTRACT LAW IN THE U.S.S.R. AND THE UNITED STATES, VOL. I: HISTORY AND GENERAL CONCEPT
By E. Allan Farnsworth and Viktor P. Mozolin
Washington, D.C.: International Law Institute, 1987. Pp.xiii, 340. $35.00
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FOREIGN RELATIONS AND NATIONAL SECURITY LAW: CASES, MATERIALS AND SIMULATIONS
By Thomas M. Franck and Michael J. Glennon
St. Paul, Minnesota: West Publishing Company, 1987. Pp.lxiv, 941
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THE GRAND STRATEGY OF THE UNITED STATES IN LATIN AMERICA
By Tom J. Farer
New Brunswick, New Jersey: Transaction Books, 1988. Pp. xxxii, 294
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JUDGES
By David Pannick
New York: Oxford University Press,1987. Pp. vii, 255. …
Extraterritorial Discovery: Cooperation, Coercion And The Hague Evidence Convention, Harold G. Maier
Extraterritorial Discovery: Cooperation, Coercion And The Hague Evidence Convention, Harold G. Maier
Vanderbilt Journal of Transnational Law
This Article reviews the most recent case law on this issue and examines the results of those cases in the light of existing principles of comity and of the newly promulgated Restatement of Foreign Relations Law of the United States (Revised). The analysis focuses on three important appellate court decisions, all of which are or have been before the United States Supreme Court, and examines the contents and origins of the United States Government's position on these issues as found in amicus briefs submitted in these cases. The article concludes with an evaluation of the dilemma evidenced by the need …
Books Received, C. A. P.
Books Received, C. A. P.
Vanderbilt Journal of Transnational Law
COMPARATIVE LAW YEARBOOK
VOLUME 3, 1979.
Issued by the Center for International Legal Studies The Netherlands:
Sijthoff& Noordhoff, 1980. Pp. 287
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UNITED STATES FOREIGN RELATIONS LAW: DOCUMENTS AND SOURCES, VOLUME 1
EXECUTIVE AGREEMENTS
By Michael J.Glennon and Thomas M. Frank
Dobbs Ferry, New York: Oceana Publications, Inc., 1980. Pp. 474.
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U.S. NAVAL WAR COLLEGE, INTERNATIONAL LAW STUDIES, VOLUME 62 Edited by Richard B. Lillich and John Norton Moore
Newport, Rhode Island: Naval War College Press, 1980. Pp. 758.
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THE SOVIET PROCURACY AND THE SUPERVISION OF ADMINISTRATION
By Gordon B. Smith
The Netherlands: Sijthoff and Noordhoff,1978. Appendices. Pp. …
Unilateral Termination Of The 1954 Mutual Defense Treaty Between The United States And The Republic Of China Pursuant To The President's Foreign Relations Power, Ronald P. Cima
Vanderbilt Journal of Transnational Law
The act of terminating a treaty may initiate an international embroglio or create international arrangements as effectively as the act of entering into a treaty. Although the ramifications of each act may be significant, recent United States commentary has expressed greater concern over the constitutional efficacy of the methods by which the United States has entered international agreements than over the methods by which the United States has removed itself from them. President Carter's unilateral termination of the 1954 Mutual Defense Treaty between the United States and the Republic of China has raised the issue of which branch ought to …
The 1977 Soviet Constitution: A Historical Comparison, Igor L. Kavass, Gary I. Christian
The 1977 Soviet Constitution: A Historical Comparison, Igor L. Kavass, Gary I. Christian
Vanderbilt Journal of Transnational Law
Throughout the Soviet Union's history, its four constitutions have been a reflection of the political climate of the particular period. The documents thus viewed provide a historical and political benchmark against which life and thought in the U.S.S.R. may be fairly accurately gauged. When Brezhnev addressed the USSR Supreme Soviet on October 4, 1977, to recommend the inevitable adoption of the 1977 Constitution, he again stressed the historical perspective in which the document must be viewed. He stated: "We will adopt the new Constitution on the eve of the 60th anniversary of the Great October Socialist Revolution. This is not …
Recent Decisions, Susan A. Shands
Recent Decisions, Susan A. Shands
Vanderbilt Journal of Transnational Law
This case presented the district and circuit courts with the problem of how to maneuver the forum's conflict of laws rules in order to apply Texas law to an injury caused by a defective product manufactured in Texas when the injury occurred on foreign soil. On a policy basis, the lower courts did make the more equitable decision in applying Texas law. Viewed under one commentator's test, both lower courts were applying the law that would give the most predictable and uniform results, maintain international and interstate order, simplify the judicial task, advance the forum's interest, and apply the better …
Judicial Deference In The Submerged Lands Cases, Jonathan I. Charney
Judicial Deference In The Submerged Lands Cases, Jonathan I. Charney
Vanderbilt Journal of Transnational Law
When the Constitution established three branches of government, it did not create three hermetically sealed areas of responsibility. The executive, legislative and judicial branches are required to govern through a certain degree of accommodation. One area in which the need for accommodation between the judicial branch and the other two branches was recognized at an early stage is cases containing questions bearing on foreign relations.' Under the Constitution it appears that the conduct of the foreign relations is vested in the Executive with a secondary role for the Congress, but that the courts have no role to play in this …
Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori
Recent Decisions, Dennis L. Bryant, Kurt H. Decker, Paul S. Parker, Charles M. Jackson, Daniel A. Green, Douglass H. Mori
Vanderbilt Journal of Transnational Law
ADMIRALTY--NON-LIEN MARITIME CLAIM--SALVOR WAIVED SALVAGE LIEN BY SEIZING VESSEL PRIOR TO EXPIRATION OF AGREED PAYMENT PERIOD BUT SALVAGE CLAIM COULD BE SATISFIED FROM REMNANTS AND SURPLUS
Dennis L. Bryant Lt., US. Coast Guard
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COMPTROLLER GENERAL--ATTORNEY GENERAL'S OPINION BINDING ON COMPTROLLER GENERAL IN EXIMBANK CREDIT EXTENSIONS TO COMMUNIST COUNTRIES
Kurt H. Decker
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FOREIGN RELATIONS LAW--ACQUISITION OF CONTROL OF DOMESTIC MULTINATIONAL CORPORATION BY A WHOLLY OWNED FOREIGN GOVERNMENTAL CORPORATION DOES NOT PER SE CREATE AN UNREASONABLE CONFLICT OF INTEREST BETWEEN THE OBJECTIVES OF THE ACQUIRER AND ITS DUTIES TO THE DOMESTIC CORPORATION AND ITS SHAREHOLDERS; NOR IS THE ACQUISITION CONTRARY …
Presidential Discretion In Foreign Affairs, Glen E. Thurow
Presidential Discretion In Foreign Affairs, Glen E. Thurow
Vanderbilt Journal of Transnational Law
Madison's argument, which attempts to state that the powers in foreign relations can be separated on principle, is in contrast to the arguments of Locke and Montesquieu that we have sketched as well as to the thrust of the Federalist. Our brief discussion of it does not do it justice, but is justified by the failure of the legislation under consideration to move in Madison's direction. The current legislation does not attempt to specify certain powers belonging to Congress as legislative in their nature, and others to the President as executive, but to limit discretion and share the remaining discretion …
Recent Decisions, Ronald L. Smallwood, Arden J. Lea, William R. Lauer, John R. Meldorf, Annette Adams, Randolph R. Slaton
Recent Decisions, Ronald L. Smallwood, Arden J. Lea, William R. Lauer, John R. Meldorf, Annette Adams, Randolph R. Slaton
Vanderbilt Journal of Transnational Law
ADMIRALTY--FLORIDA OIL POLLUTION ACT--STATE OIL POLLUTION REGULATION OF MARITIME Activities Is PERMISSIBLE SO LONG AS THERE Is No FATAL CONFLICT BETWEEN THE STATE LEGISLATION AND FEDERAL MARITIME REGULATORY SCHEMES
Ronald L. Smallwood
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ADMIRALTY--JONES ACT--SHIPOWNER Is NOT A PROPER DEFENDANT IN A SUIT UNDER THE JONES ACT BROUGHT BY EMPLOYEE OF A CONCESSIONAIRE
Arden J. Lea
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ANTITRUST--IMPORT RESTRICTIONS--DIVESTITURE ORDERED TO RESTORE COMPETITION FOLLOWING FINDING OF VIOLATION OF SECTION 7 OF THE CLAYTON ACT MAY BE ACCOMPANIED BY IMPORT RESTRICTIONS WITHOUT BREACH OF GERMAN/AMERICAN TREATY OR GATT PROVISIONS
William R. Lauer
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FOREIGN RELATIONS LAW--STANDING TO SUE--WEIMAR ART COLLECTION DENIED …
Nato Before And After The Czechoslovak Crisis, Leo J. Reddy
Nato Before And After The Czechoslovak Crisis, Leo J. Reddy
Vanderbilt Journal of Transnational Law
There are few black and white issues in the field of foreign relations. The problems that NATO faced and that our government faced as a member of NATO in responding to the Soviet invasion of Czechoslovakia illustrate at least some of the complexities that may not have been evident in the news reports. For example, there is a widely held impression that NATO was in a state of decline prior to August 20, 1968 when the Soviet armies marched on Prague, and that this event snatched the organization from the jaws of historical oblivion. This statement greatly oversimplifies the actual …
Peking And The Mysterious West, Howard L. Boorman
Peking And The Mysterious West, Howard L. Boorman
Vanderbilt Journal of Transnational Law
The task of keeping the Western world, or at least the United States, convinced that Chairman Mao and his current associates in the Forbidden City at Peking are madmen is both demanding and deadening. The Russian Communist leaders in Moscow, it is estimated, devote six days weekly to the chore, a stint paralleled by the Chinese Nationalist leaders in Taipei. Dedicated anti-Communists from New York to Long Beach contribute significantly to the effort, And the Chinese Communists themselves, not to be outdone, appear to allot roughly half their working hours to programs designed to convince the American Congress that they …
Book Reviews, Josef Rysan, L. G., G. C., R. P. B., W. E. W.
Book Reviews, Josef Rysan, L. G., G. C., R. P. B., W. E. W.
Vanderbilt Journal of Transnational Law
THE FUTURE OF GERMANY
It is significant that the most brilliant and penetrating analysis of the West German democracy comes from the pen of the leading German philosopher, Karl Jaspers. This fact demonstrates that German philosophy which used to be exclusively an "ivory tower" affair has finally come to grips with contemporary social problems. The English edition contains not only the translation of Jaspers' German bestseller, but also of the philosopher's just published "Answer to My Critics."
reviewer: Josef Rysan
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THE ENGLISH
by David Frost and Antony Jay
255 pages Stein and Day, New York, 1968.
reviewer: L.G.
============================= …
Organizations For The International Lawyer-- A Brief Survey, Elliott E. Cheatham
Organizations For The International Lawyer-- A Brief Survey, Elliott E. Cheatham
Vanderbilt Journal of Transnational Law
The great rise in interest in international law has a firm basis in the facts of modern life. Washington and New York are now closer to Paris and Moscow in travel time, not to speak of missile delivery time, than adjoining county seats were when Washington warned against entangling alliances. Travel time and ease rather than miles or kilometers are the measure of near and far. The shrinkage of space in time has increased enormously the importance of sound relations among peoples of the world. Science and technology are opening up new areas for human activities, particularly competition in outer …