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Law

The Rights and Liberty of Conscience

Allen Ginsberg once declared that "the best teaching is done in bed," but most university administrators would presumably disagree. Many universities prohibit romantic relationships between faculty members and students, and professors who transgress are usually out of a job. In Romance in the Ivory Tower, Paul Abramson takes aim at university policies that forbid relationships between faculty members and students.

The revelations of prisoner abuse and torture at Abu Ghraib and more recently at Guantánamo were shocking to most Americans. And those who condemned the treatment of prisoners abroad have focused on U.S. military procedures and abuses of executive powers in the war on terror, or, more specifically, on the now-famous White House legal counsel memos on the acceptable limits of torture. But in The Story of Cruel and Unusual, Colin Dayan argues that anyone who has followed U.S.

From Theory to Practice

Knowledge in digital form offers unprecedented access to information through the Internet but at the same time is subject to ever-greater restrictions through intellectual property legislation, overpatenting, licensing, overpricing, and lack of preservation. Looking at knowledge as a commons—as a shared resource—allows us to understand both its limitless possibilities and what threatens it.

Collaborative Ownership and the Digital Economy
Edited by Rishab Ghosh

Open source software is considered by many to be a novelty and the open source movement a revolution. Yet the collaborative creation of knowledge has gone on for as long as humans have been able to communicate. CODE looks at the collaborative model of creativity—with examples ranging from collective ownership in indigenous societies to free software, academic science, and the human genome project—and finds it an alternative to proprietary frameworks for creativity based on strong intellectual property rights.

Why the Information Economy Collapsed and How It Will Rise Again

While we were waiting for the Internet to make us rich—back when we thought all we had to do was to buy lottery tickets called dotcom shares—we missed the real story of the information economy. That story, says Bruce Abramson in Digital Phoenix, took place at the intersection of technology, law, and economics. It unfolded through Microsoft's manipulation of software markets, through open source projects like Linux, and through the file-sharing adventures that Napster enabled.

In recent decades, the economists' concept of rational choice has dominated legal reasoning. And yet, in practical terms, neither the lawbreakers the law addresses nor officers of the law behave as the hyperrational beings postulated by rational choice.

International organizations, governments, academia, industry, and the media have all begun to grapple with the information society as a global policy issue. The first United Nations World Summit on the Information Society (WSIS), held in December 2003, recognized the connections between information technology and human rights with a Declaration of Principles—in effect, the first "constitution" for cyberspace—that called for the development of the information society to conform to recognized standards of human rights.

These essays by leading scholars illustrate the complexity and range of philosophical issues raised by consideration of law and social justice. The contributors to Law and Social Justice examine such broad foundational issues as instrumentalist versus Kantian conceptions of rights as well as such specific problems as the admissibility or inadmissibility of evidence of causation in toxic tort cases.

Alphabet City Magazine 10
Edited by John Knechtel

What is the condition of the suspect in a post-9/11 world? Do perpetual detention, ubiquitous surveillance cameras, and the legal apparatus of the USA Patriot Act target suspects accurately or generate suspicion indiscriminately? Suspect, the latest in a series from Alphabet City and the first in its new format of topical book-length magazines, gathers hard evidence about the fate of the suspect in a culture of suspicion with contributions from writers, artists, and filmmakers.

Since September 11, 2001, much has been said about the difficult balancing act between freedom and security, but few have made specific proposals for how to strike that balance. As the scandals over the abuse of Iraqi prisoners at Abu Ghraib and the "torture memos" written by legal officials in the Bush administration show, without clear rules in place, things can very easily go very wrong.