Law and Society Approaches to Cyberspace by mmcsx


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Law and Society Approaches to Cyberspace

Description:    During the past decade, the rise of online communication has proven to be particularly fertile
                ground for academic exploration at the intersection of law and society. Scholars have considered
                how best to apply existing law to new technological problems but they also have returned to first
                principles, considering fundamental questions about what law is, how it is formed and its relation to
                cultural and technological change.

                This collection brings together many of these seminal works, which variously seek to interrogate
                assumptions about the nature of communication, knowledge, invention, information, sovereignty,
                identity and community. From the use of metaphor in legal opinions about the internet, to the
                challenges posed by globalization and deterritorialization, to the potential utility of online
                governance models, to debates about copyright, free expression and privacy, this collection offers
                an invaluable introduction to cutting-edge ideas about law and society in an online era.

                In addition, the introductory essay both situates this work within the trajectory of law and society
                scholarship and summarizes the major fault lines in ongoing policy debates about the regulation of
                online activity.

                About the Author/Editor
                Paul Schiff Berman is a Professor at the University of Connecticut School of Law, USA, and is
                currently a fellow in the Program in Law and Public Affairs at Princeton University, USA. He is a
                graduate of Princeton and he received his law degree from New York University School of Law. Prior
                to entering academia, he served as a law clerk first to Chief Judge Harry T. Edwards of the United
                States Court of Appeals for the D.C. Circuit and then to Justice Ruth Bader Ginsburg of the United
                States Supreme Court. His scholarship has appeared in leading law journals and he is currently at
                work on a book tentatively titled Law Beyond Borders. He is the editor of a previous collection of
                essays published by Ashgate Publishing, titled The Globalization of International Law.

Contents:       Series preface


                Part I Cyberspace and Intellectual Paradigms: How computers change the way we think, Sherry
                 Communications revolutions and legal culture: an elusive relationship, Richard J. Ross.

                Part II Cyberspace and Metaphor: Cyberspace as place and the tragedy of the digital anticommons,
                Dan Hunter.

                Part III Cyberspace and Globalization: Societal constitutionalism: alternatives to state-centred
                constitutional theory?, Gunther Teubner
                -Towards a cosmopolitan vision of conflict of laws: re-defining governmental interests in a global
                era, Paul Schiff Berman.

                Part IV Cyberspace and Legal Realism: Foucault in cyberspace: surveillance, sovereignty and
                hardwired censors, James Boyle;
                -Regulation by contract, regulation by machine, Margaret Jane Radin.

                Part V Cyberspace and Freedom of Expression: What things regulate speech: CDA 2.0 vs. filtering,
                Lawrence Lessig;
                -Digital speech and democratic culture: a theory of freedom of expression for the information
                society, Jack M. Balkin.

                Part VI Cyberspace and Copyright: Copyright and control over new technologies of dissemination,
                Jane C. Ginsberg; Sharing and stealing, Jessica Litman.
            Part VII Cyberspace and Privacy: Examined lives: informational privacy and the subject as object,
            Julie E. Cohen.

            Part VIII Cyberspace, Identity, and Community I : Whose republic? Anupam Chander
            -Cyber-race, Jerry Kang. Part IX Cyberspace, Identity and Community II: Virtual(ly) law: the
            emergence of law in LambdaMOO, Jennifer L. Mnookin
            Virtual worlds as comparative law, James Grimmelmann

            Name index.

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