Between truth and power: the legal constructions of informational capitalism

377 Pages·2019·21.397 MB·English

by  University of South Alabama;Cohen, Julie E

Between Truth and Power

Between Truth and Power
The Legal Constructions of Informational Capitalism
JULIE E. COHEN
1
1
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Published in the United States of America by Oxford University Press
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© Julie E. Cohen 2019
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The author has made an online version of the book available under a
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beginning one year (12 months) after publication of the
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Library of Congress Cataloging- in- Publication Data
Names: Cohen, Julie E., author.
Title: Between truth and power : the legal constructions of informational
capitalism / Julie E. Cohen.
Description: New York, NY : Oxford University Press, 2019. |
Includes bibliographical references.
Identifiers: LCCN 2019002684 | ISBN 9780190246693 (hardcover)
Subjects: LCSH: Internet industry— Law and legislation— United States. |
Trade regulation— United States.
Classification: LCC KF1617. C65 C64 2019 | DDC 343.7309/ 944— dc23
LC record available at https:// lccn.loc.gov/ 2019002684
1 3 5 7 9 8 6 4 2
Printed by Sheridan Books, Inc., United States of America
For Natalie and Donald Cohen
parents, teachers, contrarians

CONTENTS
Introduction: Transforming Institutions 1
PART I: PATTERNS OF ENTITLEMENT AND DISENTITLEMENT
1. Everything Old Is New Again— Or Is It? 15
2. The Biopolitical Public Domain 48
3. The Information Laboratory 75
4. Open Networks and Closed Circuits 108
PART II: PATTERNS OF INSTITUTIONAL CHANGE
5. The End(s) of Judicial Process 143
6. The Regulatory State in the Information Age 170
7. Networks, Standards, and Transnational Governance Institutions 202
8. The Future(s) of Fundamental Rights 238
Conclusion: Countermovements, Now and Then 269
Acknowledgments 273
Notes 277
Index 357

Between Truth and Power