Annabel Ipsen. “Repeat Players, The Law, And Social Change: Redefining The Boundaries Of Environmental And Labor Governance Through Preemptive And Authoritarian Legality.” Law & Society Review, vol. 54, no. 1 (2020): 201-232.
This article examines how transnational agribusiness firms leverage litigation to shape regulatory environments in contexts of democratic backsliding. Focusing on two cases—Hawaii (U.S.) and Arica (Chile)—it analyzes how differing legal systems and political contexts influence corporate legal strategies. Drawing on interviews and document analysis, the study introduces the concept of strategic legalism: a context-specific, outcome-oriented approach that allows firms to achieve legal compliance while politically containing opposition. In Hawaii, firms use preemptive legality to shift contested issues like pesticide safety into federally preempted domains, bypassing local democratic control. In Chile, authoritarian legality enables firms to exploit authoritarian-era legal frameworks to influence outcomes. The article highlights how attorneys are central to these strategies, revealing the political role of legal professionals in reinforcing corporate power under weakened democratic institutions.