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Articles 1 - 8 of 8

Full-Text Articles in Law

Law And Violence, Dan Danielsen Oct 2012

Law And Violence, Dan Danielsen

Dan Danielsen

In this Article I comment upon Professor Terry Kogan's paper "Legislative Violence Against Lesbians and Gay Men," in which he analyzes the legislative process surrounding the passage of hate crimes legislation in Utah. Through an analysis of the gay bashing that took place within the legislative debate, Professor Kogan argues that the Utah legislature's removal of all references to gays and lesbians in the legislation was significant both because it reinforced sterotypical and negative perceptions of gays and lesbians, and because it suggested that violence against gays and lesbians was, at best, not of concern to, and at worst, actively …


Representing Identities: Legal Treatment Of Pregnancy And Homosexuality, Dan Danielsen Jul 2012

Representing Identities: Legal Treatment Of Pregnancy And Homosexuality, Dan Danielsen

Dan Danielsen

This article explores some of the ways in which judges treat pregnancy and homosexuality in discrimination cases. In examining some of these cases, I map some of the doctrinal maneuvers and political strategies which courts employ in representing these traits, and explicate some of the images of gender or sexual identity which the judicial opinions contain. My sense is that looking critically and systematically at the complex and multiple modes in which judges represent pregnancy and homosexuality may improve our capacity for understanding for legal doctrine's potential to embody richer and more satisfying conceptions of selves or identities.


Feminism Unmodified [Book Review], Dan Danielsen May 2012

Feminism Unmodified [Book Review], Dan Danielsen

Dan Danielsen

This article is a book review of "Feminism Unmodified" by Catherine A. MacKinnon, Cambridge: Harvard University Press, 1987.


Shamans, Software, And Spleens: Law And The Construction Of The Information Society [Book Review], Dan Danielsen May 2012

Shamans, Software, And Spleens: Law And The Construction Of The Information Society [Book Review], Dan Danielsen

Dan Danielsen

This article is a book review of James, Boyle, Shamans, Software, and Spleens: Law and the Construction of the Information Society, Cambridge, MA, Harvard University Press, 1996, ISBN 0674805224, 288 pp., $43.00 (hb), $18.50 (pb).


Busting Bribery: Sustaining The Global Momentum Of The Foreign Corrupt Practices Act, Dan Danielsen, David Kennedy May 2012

Busting Bribery: Sustaining The Global Momentum Of The Foreign Corrupt Practices Act, Dan Danielsen, David Kennedy

Dan Danielsen

No abstract provided.


Gender, Sexuality And Power: Is Feminist Theory Enough?, Dan Danielsen, Brenda Cossman, Janet Halley, Tracy Higgins May 2012

Gender, Sexuality And Power: Is Feminist Theory Enough?, Dan Danielsen, Brenda Cossman, Janet Halley, Tracy Higgins

Dan Danielsen

In this dialogue, four authors critically examine how to describe feminism and what it can and cannot do, particularly with regard to sexuality. The authors use the Texas Supreme Court case Twyman v. Twyman, involving divorce, sadomasochistic sex, and a claim of emotional distress, as a focal point to explore how feminism deals with gender, sexuality, and power, and whether it does so sufficiently. The roundtable discussion revolves around Janet Halley's radical suggestion that not only is feminism not enough, but that we should "Take a Break" from it in order to see the issues feminism does not address as …


Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen Dec 2011

Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen

Dan Danielsen

The recent economic crisis has demonstrated with startling clarity the importance of developing a more robust framework for assessing the effects of national rules on global welfare. For more than fifty years, law and economics scholars have examined the effects of domestic legal rules on economic activity and general welfare in the United States. More recently, international law scholars have begun to use economic methods to analyze the international legal order. In this article I survey this evolving body of “international law and economics scholarship” with a view to articulating its principle methodological innovations as well as assessing its contributions …


Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen Dec 2011

Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen

Dan Danielsen

This article explores the growing significance and theoretical implications of ‘local rules’—such as Chinese labour standards, US financial regulation and Swiss bank secrecy rules—in the global economy. In particular, the argument developed is that Ronald Coase’s framework for analysing the effects of legal rules on economic welfare can help to reveal important weaknesses in current international legal approaches to analysing the transnational impact of local rules as well as contribute to a ‘global economic policy perspective’ better attuned to problems of power in the global regulatory order. Such a perspective will help us to see the effects of power differences …