Contributions to Books

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  Robotic Life in the Deep Sea: Deploying Killer (and Other) Robots to Make Live

  Irus Braverman

  Published as Chapter 7 in Blue Legalities: The Law and Life of the Sea, Irus Braverman & Elizabeth R. Johnson, eds.

  Drawing on in-depth interviews with marine biologists and engineers, this chapter explores the relationship between human scientists, nonhuman animals (crown-of-thorns starfish and deep sea and tropical corals), and robotic entities (COTSbots, ROVs, AUVs, and OceanOne humanoids). The chapter considers how the drive to ecological management is articulated through, and confined by, national and international law. It asks whether it matters—physically, socially, and legally—if the acts of making live and making die are carried out by machines rather than by humans and whether it matters that these acts target nonhuman animals. Throughout, the chapter examines how the mechanization of knowledge and management in the deep sea has displaced humans, thereby creating the conditions for a kind of biopolitical gaze that extends not only beyond the human but also beyond specific management sites to encompass the entire ocean. At the same time, technology also enables the virtual reinsertion of the human into a scene that was once considered inaccessible to us. Technological developments thus both enable and reinforce a very particular vision of planetary management. The oceans are at the forefront of this planetary vision, and their transition toward management by robots signals a much broader transition toward robotic management in planetary government writ large.

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  Blue Legalities: Untangling Ocean Laws in the Anthropocene

  Irus Braverman and Elizabeth R. Johnson

  Published as the introduction to Blue Legalities: The Law and Life of the Sea, Irus Braverman & Elizabeth R. Johnson, eds.

  The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance. By thinking with the more-than-human ocean, Blue Legalities questions what we think we know—and what we don’t know—about oceans, our earthly planet, and ourselves.

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  Introduction

  Jorge Luis Fabra-Zamora

  Published in Jurisprudence in a Globalized World, Jorge Luis Fabra-Zamora, ed.

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  Los tres modelos para la indemnización a las víctimas del conflicto armado interno en Colombia [Three Models of Reparations for Victims of the Internal Armed Conflict in Colombian Law]

  Jorge Luis Fabra-Zamora

  Published in Reparación en los sistemas transicionales en Colombia: Los retos de un concepto en construcción, Paola Sánchez Cepeda, Gustavo Gallón Giraldo & Julián González Escallón, eds.

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  Commentary on Emerson v. Magendantz

  Lucinda M. Finley

  Published as Chapter 13 of Feminist Judgments: Rewritten Tort Opinions, Martha Chamallas & Lucinda M. Finley, eds. (Cambridge University Press 2020). Emerson v. Magendantz assesses how to measure harm when people get pregnant after a negligently performed sterilization, or have disabled children after genetic counseling or prenatal testing misdiagnosed the risk. The court permitted parents to recover child-rearing costs only for disabled children, reasoning that the emotional benefits of a healthy child invariably outweigh its economic burdens. Critiquing this reasoning as a double insult to the disabled and to the importance of reproductive autonomy, the feminist rewritten opinion uses the normalcy and centrality of fertility control to women’s experience to conclude that traditional tort principles of full damages for all foreseeable harm includes child-rearing costs for healthy and disabled children alike. The accompanying commentary presents the varying judicial measurements of damages in “wrongful birth” cases, and highlights how courts have undervalued the importance of reproductive autonomy while overlooking the disparate impact of even wanted healthy children on women’s economic and educational advancement.

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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.