Julie E. Cohen
Our current legal system is to a great extent the product of an earlier period of social and economic transformation. From the late nineteenth century through the mid-twentieth century, as accountability for industrial-age harms became a pervasive source of conflict, the U.S. legal system
underwent profound, tectonic shifts. Today, ownership of information-age resources and accountability for information-age harms have become pervasive sources of conflict, and different kinds of change are emerging.
In Between Truth and Power, Julie E. Cohen explores the relationships
between legal institutions and political and economic transformation. Systematically examining struggles over the conditions of information flow and the design of information architectures and business models, she argues that as law is enlisted to help produce the profound economic and
sociotechnical shifts that have accompanied the emergence of the informational economy, it is too is transforming in fundamental ways. Drawing on elements from legal theory, science and technology studies, information studies, communication studies and organization studies to develop a complex
theory of institutional change, Cohen develops an account of the gradual emergence of legal institutions adapted to the information age and of the power relationships that such institutions reflect and reproduce.
A tour de force of ambitious interdisciplinary scholarship, Between Truth
and Power will transform our thinking about the possible futures of law and legal institutions in the networked information era.
Introduction
Part I. Patterns of Entitlement and Disentitlement
1. Everything Old Is New Again-Or Is It?
2. The Biopolitical Public Domain
3. The Information Laboratory
4. Open Networks and Closed Circuits
Part II: Patterns of Institutional Change
5. The End(s) of
Judicial Process
6. The Regulatory State in the Information Age
7. Networks, Standards, and Transnational Governance Institutions
8. The Future(s) of Fundamental Rights
Conclusion
Acknowledgments
Endnotes
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Julie E. Cohen is Mark Claster Mamolen Professor of Law and Technology at the Georgetown University Law Center. Professor Cohen teaches and writes about privacy, surveillance, information platforms, intellectual property, and the governance of information and communication networks. She is
also the author of Configuring the Networked Self: Law, Code, and the Play of Everyday Practice.
