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The author wishes to thank Jack Goldsmith, William Alford, Matthew Stephenson, Jacob Gersen, Elisabeth de Fontenay, James Coleman, Jacob Eisler, and William Dodge for helpful comments and conversations.

I am grateful for the important feedback and comments of Doug Cassel, Jessica Clarke, Prentiss Cox, Fionnuala Ni Aolain, Hari Osofsky, Richard Painter, Beth Stephens, James Stewart, and David Weissbrodt. I also appreciate the insights of my colleagues at the University of Minnesota Law School faculty workshop and those at the Business and Human Rights Scholars Conference sponsored by the University of Washington School of Law, the New York University Stern Center for Business and Human Rights, and the Rutgers Business School, the Rutgers Center for Corporate Law and Governance, and the Business and Human Rights Journal. I have been counsel for parties or amicus curiae in a number of cases mentioned in this article, including on an amicus curiae brief on superior responsibility in Doe v. Drummond. I thank the scholars I had the privilege to work with on the amicus curiae brief as well as my co-counsel, Judith Chomsky. Thanks to the wonderful research librarians at the University of Minnesota Library—in particular Connie Lenz and Loren Turner, and former UMN international law librarians Mary Rumsey and Suzanne Thorpe. Excellent research assistance was provided by Griffin Ferry, Anne Dutton, Soren Lagaard, Conor Smith, and Ceena Idincula Johnson. Special thanks to the editors at the Chicago Journal of International Law for their thoughtful, careful, and professional work.

Unless otherwise noted, translations are mine. I thank Professor Mireille Delmas-Marty for her helpful comments on a draft of this article and for the opportunity to present it in an earlier form at the Collège de France. I also thank Professor Olivier Moréteau for inviting me to present some of the ideas expressed here at the 2016 annual meeting of Juris Diversitas.

Special thanks go to my staff advisor Samantha Berkovits, my faculty advisor John Rappaport, and the rest of the CJIL staff.

J.D. Candidate, 2017, The University of Chicago Law School. I would like to thank Professor Flores and the editors of the Chicago Journal of International Law for their assistance and helpful suggestions.

Thanks are owed to Prof. Tom Ginsburg, Kevin Oliver, Elizabeth Muirhead, Katie Bass, and Hannah Loo for their careful reading and helpful commentary. 

I would like to thank the CJIL Board for its wise feedback and scrupulous edits, and Professor Tom Ginsburg for his helpful advice. All errors in this piece are entirely my own. I also want to thank Professor Paul T. Crane for his generosity and guidance, and Professor Elizabeth Duquette for helping me improve my writing. And, most importantly, Setareh O'Brien, for her unwavering friendship and support.

The author would like to thank the Chicago Journal of International Law staff and Professor Eric Posner for their helpful comments, feedback, and advice.

I would like to thank my comments advisor, Bette Muirhead, my editors, Kevin Oliver and Katie Bass, my faculty advisor, Lior Strahilevitz, and the rest of the CJIL staff. Special thanks to my family (dogs included) for their support.  

Professor Yamin is a Lecturer on Law and Global Health, Director JD MPH Program, and Policy Director, FXB Center for Health and Human Rights, Harvard University; and 2015–16 Marsha Lilien Gladstein Visiting Professor of Human Rights, University of Connecticut. Professor Yamin currently serves as: a Commissioner on the Lancet-O’Neill Institute Commission on Global Health and the Law; the UN High-Level Commission on Health Employment and Economic Growth’s Expert Group and the Independent Accountability Panel for the UN Secretary’s General’s Global Strategy for Women’s, Children’s, and Adolescents’ Health. Previously, she served on the WHO Task Forces on 'Making Fair Choices Toward UHC,' and ‘Evidence of Impacts of Human Rights-Based Approaches to Women's and Children's Health,’ as well as the Oversight Committee of Kenya’s Constitutional Implementation Commission’s work on the right to health, and as an Independent Expert to the Colombian Constitutional Court on the Implementation of its 2008 T-760/08 decision restructuring the health system. She regularly leads judicial colloquia and strategic litigation courses for practitioners, advises on specific cases, submits amicus curiae petitions and participates in expert consultations relating to the application of international and constitutional law to health issues. Professor Duger is an adjunct lecturer on international human rights law at Northeastern University School of Law and on a human rights-based approach to development in the Sustainable International Development Program at Brandeis University. She is a former Research Associate at the FXB Center for Health and Human Rights at Harvard University.