Contributions to Books

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  Introduction

  Lucinda M. Finley and Martha Chamallas

  Published as Chapter 1 of Feminist Judgments: Rewritten Tort Opinions, Martha Chamallas & Lucinda M. Finley, eds. (Cambridge University Press 2020).

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  Presidential Selection: Historical, Institutional, and Democratic Perspectives

  James A. Gardner

  Published as Chapter 1 in The Best Candidate: Presidential Nomination in Polarized Times, Eugene Mazo and Michael Dimino, eds.

  It has been nearly two centuries since an American presidential election has evoked a crisis of confidence like that following the election of 2016. Not since the election of Andrew Jackson in 1828 has there been such a public display of anxiety concerning the methods by which we choose our chief executive. As in the contest of 1828 pitting the Democrat Jackson against his Federalist opponent John Quincy Adams, the presidential nominating process of 2016 produced a contest between a celebrity populist, widely seen as unqualified by experience or temperament, and a highly experienced and competent but deeply uninspiring political insider who had been anointed by establishment elites.

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  The TPP as a Potential New Paradigm for Trade Agreements: Implications and Opportunities (translated into Spanish)

  Meredith Kolsky Lewis

  Published in El TLCAN frente a nuevas negociaciones comerciales regionales: el TPP y el TTIP, María Celia Toro Hernández, ed.

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  Die Rolle von Nichtregierungsorganisationen bei der Rechtserzeugung [The Role of NGOs in the Creation of Norms]

  Makau wa Mutua

  Published in Dekoloniale Rechtskritik und Rechtspraxis, Karina Theurer & Wofgagng Kaleck, eds.

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  Pretrial Self-Incrimination, Miranda, and Truth

  Anthony O'Rourke

  Published in Interrogation, Confession, and Truth: Comparative Studies in Criminal Procedure, Lutz Eidam, Michael Lindemann & Andreas Ransiek, eds.

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  Climbing to 10¹¹: Globalization, Digitization, Shareholder Capitalism and the Summits of Contemporary Wealth

  David A. Westbrook

  Published as Chapter 11 in The Inequality Crisis, Edward Fullbrook & Jamie Morgan, eds.

  While we may find many sorts of inequality in the United States and elsewhere, this essay is about the specific form of inequality exemplified by Jeff Bezos or Bill Gates, that is, the Himalayan summits of contemporary wealth, mostly in the United States. Such wealth results from the confluence of three historical developments.

  First, the social processes referred to under the rubric of “globalization” have created vast markets. A dominant position in such markets leads not only to great wealth, but the elimination of peers. Since there are few such markets, relatively significant wealth is possessed by very few people.

  Second, digital markets powerfully tend toward monopoly for a number of reasons discussed below. Those fortunate enough to be the monopolists profit accordingly, both directly, by doing business, but especially by investor interest.

  Third, the actors in such digital markets are generally corporations, which are in turn largely owned by their founders. As a result, a few individuals have acquired almost unbounded wealth, at least as wealth is conventionally measured, nominal US dollars.

  Conversely, entire economic sectors (like “food” or “data”) are nominally under the dominance of such individuals. Political economy has been individualized, at least formally, to an astounding extent. A thorough normative political discussion of this state of affairs is beyond the bounds of this text.

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  Antitrust Norms in the United States and Financial Corruption (translated into Spanish)

  Christine P. Bartholomew

  Published in XLI Jornadas Internacionales de Derecho Penal: Criminalidad contemporánea y corrupción: ¿efectividad de la pena privativa de la libertad?.

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  Privilege and the Fight Against Corruption in the United States (translated into Spanish)

  Christine P. Bartholomew

  Published in XLI Jornadas Internacionales de Derecho Penal: Criminalidad contemporánea y corrupción: ¿efectividad de la pena privativa de la libertad?.

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  Arctic Wetlands and Limited International Protections: Can the Ramsar Convention Help Meaningfully Address Climate Change?

  Kim Diana Connolly

  Published as Chapter 12 in The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North, Ezra B.W. Zubrow, Errol Meidinger & Kim Diana Connolly, eds.

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  Ethics Potpourri: Exploring Intersections of Ethics, Professionalism & ESA Practice

  Kim Diana Connolly

  Published as Chapter 15 in Endangered Species and Other Wildlife: Mineral Law Series Volume 2019, Number 5, Rocky Mountain Mineral Law Foundation, ed.

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  Capítulo decimoquinto. El Acuerdo Integral sobre Economía y Comercio (CETA) [Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA)]

  Jorge Luis Fabra-Zamora and Laura Sofía Guevara Espitia

  Published in Constitucionalizando la globalización, Jose Luis García Guerrero & María Luz Martínez Alarcón, eds.

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  Governance Interactions in Sustainable Supply Chain Management

  Errol E. Meidinger

  Published as Chapter 3 in Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards, and Empowering Marginalized Actors, Stepan Wood, Rebecca Schmidt, Errol Meidinger,Burkard Eberlein, and Kenneth W. Abbot, eds.

  Supply chains are a major site of transnational business governance, and yet their dynamics and effectiveness are usually more assumed than interrogated in regulatory governance discourse. The very term ‘chain’ implies a more determinist and simplistic understanding of supply relationships than is empirically supportable. Supply chains in practice are complex, dynamic, and highly variable networks. Based on peer-group presentations by more than sixty supply chain professionals, this chapter analyzes sustainable supply chain management practices in terms of the Transnational Business Governance Interactions framework. It discusses possible refinements of the framework and suggests that sustainable supply chain management (1) is likely to make modest contributions to improving governance capacity, (2) may or may not ratchet up standards, and (3) may help protect marginalized parties, but is focused on better using the existing power of lead firms in supply chains.

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  TPP and Environmental Regulation

  Errol E. Meidinger

  Published as Chapter 8 in Megaregulation Contested: Global Economic Ordering After TPP, Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz & Atsushi Sunami, eds.

  This article examines the environment-related provisions of the Trans-Pacific Partnership Agreement (TPP) to assess how and how much they contribute to a larger megaregulatory program for the Asia-Pacific region. The TPP calls for ‘high levels’ of environmental protection and effective enforcement; incorporates duties from several multilateral environmental agreements; adds new provisions addressing several important environmental problems; mandates administrative best practices; promotes corporate social responsibility and the use of voluntary certification systems; and provides implementation mechanisms for most of these provisions ranging from Party negotiations to committee processes and binding arbitration. On the whole, it promotes a model of environmental regulation consistent with that of most OECD countries. The resulting movement toward cross-border regulatory alignment is likely to make member state environmental programs increasingly legible and navigable for transnational business actors. Alignment dynamics are likely to contribute to increased economic and political integration through implementation of common administrative techniques, increasing communication and idea-sharing among mandated committees and resulting networks of officials, and increased trade and regulatory interactions across member states. The TPP’s environmental regulatory program is quite different from China’s current model, and seems likely to provide an important arena for engaging and countering Chinese policies. While the TPP’s environmental provisions are likely to spur improved environmental regulation in some member countries, they do not point toward a governance system capable of controlling the environmental degradation brought by continuingly intensifying production and trade.

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  Harnessing TBGIs to advance regulatory quality and marginalized actors

  Stepan Wood, Rebecca Schmidt, Errol E. Meidinger, Burkard Eberlein, and Kenneth W. Abbott

  Published as Chapter 17 in Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards, and Empowering Marginalized Actors, Stepan Wood, Rebecca Schmidt, Errol Meidinger,Burkard Eberlein, and Kenneth W. Abbot, eds.

  The chapters of this book paint a mixed and not particularly optimistic picture of the prospects for harnessing transnational business governance interactions (TBGIs)—the myriad overlaps, intersections, conflicts, collisions and synergies amongst the actors and institutions involved in transnational regulation of business activity—to improve the quality of transnational regulation and advance marginalized interests. This chapter synthesizes key findings about the impact of TBGIs of regulatory quality and marginalized actors, explores the implications of these findings for identifying and shaping TBGIs that foster regulatory quality or advance marginalized interests, and presents concluding reflections on lessons learned and future research directions.

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  Transnational business governance interactions, regulatory quality and marginalized actors: An introduction

  Stepan Wood, Rebecca Schmidt, Errol E. Meidinger, Burkard Eberlein, and Kenneth W. Abbott

  Published as Chapter 1 in Transnational Business Governance Interactions: Enhancing Regulatory Capacity, Ratcheting up Standards, and Empowering Marginalized Actors, Stepan Wood, Rebecca Schmidt, Errol Meidinger,Burkard Eberlein, and Kenneth W. Abbot, eds.

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  Conclusion: Elegy for the Arctic?

  Ezra B. W. Zubrow, Errol E. Meidinger, and Kim Diana Connolly

  Published as Chapter 22 in The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North, Ezra B.W. Zubrow, Errol Meidinger & Kim Dianna Connolly, eds.

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  In the Vortex of the Thaw: General Introduction

  Ezra B. W. Zubrow, Errol E. Meidinger, and Kim Diana Connolly

  Published as Chapter 1 in The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North, Ezra B.W. Zubrow, Errol Meidinger & Kim Dianna Connolly, eds.

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  One Law to Rule Them All: Arctic Climate Change Policy and Legal Realities

  Ezra B. W. Zubrow, Errol E. Meidinger, and Kim Diana Connolly

  Published as Chapter 8 in The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North, Ezra B.W. Zubrow, Errol Meidinger & Kim Diana Connolly, eds.

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  Polar Communities and Cultures in Addressing Climate Change

  Ezra B. W. Zubrow, Errol E. Meidinger, and Kim Diana Connolly

  Published as Chapter 14 in The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North, Ezra B.W. Zubrow, Errol Meidinger & Kim Diana Connolly, eds.

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  Red Sky in Morning, Sailors Take Warning: Forewarnings from a Thawing Arctic

  Ezra B. W. Zubrow, Errol E. Meidinger, and Kim Diana Connolly

  Published as Chapter 2 in The Big Thaw: Policy, Governance and Climate Change in the Circumpolar North, Ezra B.W. Zubrow, Errol Meidinger & Kim Diana Connolly, eds.

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  Privacy and the Right to One’s Image: A Cultural and Legal History

  Samantha Barbas

  Published as Chapter 9 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.

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  The Songs of Other Birds

  Anya Bernstein

  Published as Chapter 14 in Insiders, Outsiders, Injuries, and Law: Revisiting The Oven Bird’s Song, Mary Nell Trautner, ed..

  In this essay, written for a volume that re-engages with David Engel's classic article, The Oven Bird's Song, I consider how we decide how to situate what we encounter in our research. Comparing the findings of my own research in Taipei with Engel's work in Thailand and America, I ask how we can decide to give different interpretations of seemingly similar social phenomena -- specifically, our interlocutors' evident distaste for invoking the law.

  Although many of my interlocutors in Taiwan expressed dismay at the disorder of their nation, no one ever suggested that law would be a good way to solve the problem. The community activists I studied did not see law as a useful tool. I studied government administrators and community activists. For both, the invocation of law was at best a bit of icing on a cake of otherwise appropriate social belonging. At worst, it could signal breakdown: a failure of social engagement; of social norms; of other, more legitimate, values.

  This devaluation of legality among my interlocutors is certainly reminiscent of the devaluation of litigation in Sander County (Engel 1984) and in northern Thailand (Engel 2006). Yet seen within its sociohistorical context, it highlights important differences as well. These differences, in turn, highlight the way that understanding the roles of law in society depends heavily on historically informed, culturally embedded, and locally specific research.

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  Military-To-Wildlife Geographies: Bureaucracies of Cleanup and Conservation in Vieques

  Irus Braverman

  Published as Chapter 22 in Handbook on the Geographies of Regions and Territories, Anssi Paasi, John Harrison, and Martin Jones, eds.

  Military-to-Wildlife Geographies examines the interplay between territory, law and legal geographies through an exploration of intricate relationship between militarism and conservation as it has played out in Vieques: a municipality island in the unincorporated US territory of Puerto Rico, located about seven miles southeast of the mainland. The chapter is strongly situated in the legal geography literature—namely, it seeks to expose the reciprocal relationship between law and spatiality, uncovering the ways in which law is ‘worlded’ and the world is ‘lawed’.

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  Zooland: The Institution of Captivity

  Irus Braverman

  Published as Chapter 12 in Surveillance Studies: A Reader, Torin Monahan & David Murakami Wood, eds.

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  Chairs, Stairs, and Automobiles: The Cultural Construction of Injuries and the Failed Promise of Law

  David M. Engel

  Published as Chapter 5 in Injury and Injustice: The Cultural Politics of Harm and Redress, Anne Bloom, David M. Engel & Michael McCann, eds.