Law Commons^™

Trade, Distribution And Development Under Supply Chain Capitalism, Dan Danielsen

Dan Danielsen

Corporate Power And Instrumental States: Toward A Critical Reassessment Of The Role Of Firms, States And Regulation In Global Governance, Dan Danielsen

Dan Danielsen

In this chapter, the author critically examines the view, commonly held among political liberals and conservatives alike, of the nation-state as the primary institutional safeguard against economic instability, and the correlative conception of “economic crises” as primarily the result of “regulatory failure,” either in the form of too much or too little oversight by states over the economy. Building on the author’s recent work exploring the “global economic order” as a complex co-production of states and economic actors bargaining over and adapting in relation to the rules that govern them, the author suggests that the modern nation state might be …

The Role Of Law In Global Value Chains: A Research Manifesto, Grietje Baars, Jennifer Bair, Liam Campling, Dan Danielsen, Dennis Davis, Klaas Hendrik Eller, Dez Farkas, Tomaso Ferrando, Jason Jackson, Daivd Hansen-Miller, Elizabeth Havice, Claire Mumme, Jesse Salah Ovadia, David Quentin, Brishen Rogers, Jaakko Salminen, Alvaro Santos, Benjamin Selwyn, Marlese Von Broembsen, Lucie E. White

Dan Danielsen

Most scholars attribute the development and ubiquity of global value chains to economic forces, treating law as an exogenous factor, if at all. By contrast, we assert the centrality of legal regimes and private ordering mechanisms to the creation, structure, geography, distributive effects and governance of Global Value Chains (GVCs), and thereby seek to establish the study of law and GVCs as rich and important terrain for research in its own right.

Letting Go Of ‘The Normal’ In Pursuit Of An Ever-Elusive Real: A Proposal For Innovation In International Law And Economics Theory And Scholarship, Dan Danielsen

Dan Danielsen

This essay surveys and critically assesses international law and economics scholarship as it has evolved since the 1990s as a distinct strand of international legal theory. In this work, international law and economics scholars have sought to demonstrate the virtues of certain forms of economic modelling techniques for answering questions of institutional arrangement and jurisdictional authority that have posed challenges central to the discipline of international law such as which institutions should make which rules in the global order and whose rules ought to apply in what circumstances. Without denying the importance of these issues, many significant global issues that …

Beyond Corporate Governance: Why A New Approach To The Study Of Corporate Law Is Needed To Address Global Inequality And Economic Development, Dan Danielsen

Dan Danielsen

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

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

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

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

Dan Danielsen

No abstract provided.

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 …

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

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

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 …

Corporate Power And Global Order, Dan Danielsen

Dan Danielsen

In this chapter the author suggests that our understanding of transnational regulation and global governance would be enriched were we to think about corporations not as the 'private' other to the 'public' nation-state, but rather as legal institutions performing public regulatory functions with public welfare effects not unlike nation-states. At the same time, I suggest how a focus on the role of corporate activity and decision-making in global governance can expose new sites for political contestation and new strategies for intervention by regulators, policy-makers and activists seeking to harness and shape corporate power more effectively for the public good.

How Corporations Govern: Taking Corporate Power Seriously In Transnational Regulation And Governance, Dan Danielsen

Dan Danielsen

It would seem to be a relatively uncontroversial claim among scholars, activists,and policymakers that corporations are significant contributors to the shape and content of national and transnational regulation and that their contributions have significant effects on social welfare. Yet, despite this general consensus, scholars have focused little attention on explicating the precise mechanisms through which corporations contribute to transnational regulation and governance or the extent to which the social welfare effects of regulation and policy may be attributable to corporate activity. In this Article, I suggest the broad contours of a methodology for beginning to think about the question, “How …