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.
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.
Is DNA technology the ultimate diviner of guilt or the ultimate threat to civil liberties? Over the past decade, DNA has been used to exonerate hundreds and to convict thousands. Its expanded use over the coming decade promises to recalibrate significantly the balance between collective security and individual freedom. For example, it is possible that law enforcement DNA databases will expand to include millions of individuals not convicted of any crime.
Media have been central to government efforts to reinforce sovereignty and define national identity, but globalization is fundamentally altering media practices, institutions, and content. More than the activities of large conglomerates, globalization entails competition among states as well as private entities to dominate the world's consciousness. Changes in formal and informal rules, in addition to technological innovation, affect the growth and survival or decline of governments.
A Primer on American Labor Law is an accessible guide written for nonspecialists—labor and management representatives, students, general practice lawyers, and trade unionists, government officials, and academics from other countries. It covers such topics as the National Labor Relations Act, unfair labor practices, the collective bargaining relationship, dispute resolution, the public sector, and public-interest labor law.
This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs.
In this book David Driesen shows in detail how the concept of economic dynamics can reshape thinking about environmental law and policy. He argues that environmental policymaking in the United States has been poorly served by the dominant, static view of the relationship between environmental regulation and the economy, technology, and business. Basing public policy on the concept of economic efficiency, he claims, warps our sense of what is necessary and achievable in environmental lawmaking.