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The legal and technical rules governing flows of information are out of balance, argues Julie E. Cohen in this original analysis of information law and policy. Flows of cultural and technical information are overly restricted, while flows of personal information often are not restricted at all. The author investigates the institutional forces shaping the emerging information society and the contradictions between those forces and the ways that people use information and information technologies in their everyday lives. She then proposes legal principles to ensure that people have ample room for cultural and material participation as well as greater control over the boundary conditions that govern flows of information to, from, and about them.
How politics really works and why it matters.
Abraham Lincoln worried that the "walls" of the constitution would ultimately be leveled by the "silent artillery of time." His fears materialized with the 1913 ratification of the Seventeenth Amendment, which, by eliminating federalism's structural protection, altered the very nature and meaning of federalism. Ralph A. Rossum's provocative new book considers the forces unleashed by an amendment to install the direct election of U.S. Senators. Far from expecting federalism to be protected by an activist court, the Framers, Rossum argues, expected the constitutional structure, particularly the election of the Senate by state legislatures, to sustain it. In Federalism, the Supreme Court, and the Seventeenth Amendment Rossum challenges the fundamental jurisprudential assumptions about federalism. He also provides a powerful indictment of the controversial federalist decisions recently handed down by an activist U.S. Supreme Court seeking to fill the gap created by the Seventeenth Amendment's ratification and protect the original federal design. Rossum's masterful handling of the development of federalism restores the true significance to an amendment previously consigned to the footnotes of history. It demonstrates how the original federal design has been amended out of existence; the interests of states as states abandoned and federalism left unprotected, both structurally and democratically. It highlights the ultimate irony of constitutional democracy: that an amendment intended to promote democracy, even at the expense of federalism, has been undermined by an activist court intent on protecting federalism, at the expense of democracy.
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Internationally acclaimed, award-winning author Michael Parenti is one of America's most astute and engaging political analysts. Parenti's work has enlightened and enlivened readers for many years, covering a wide range of subjects. Here is a rich selection of his most lucid and penetrating writings on real history, political life, empire, wealth, class power, technology, culture, ideology, media, environment, sex, and ethnicity. Also included are a few choice selections drawn from his own life experiences and political awakening. Parenti goes where few political observers dare to tread. Time and again he takes the extra step beyond the parameters of permissible opinion, and time and again he succeeds in carrying the reader with him. The selections herein, that are reprinted from previously published works, have been revised and updated. Other offerings appear here for the very first time. "Radical in the true sense of the word, [Parenti] digs at the roots which...sustain our public consciousness."--Los Angeles Times Book Review "Prominent leftist public intellectual Parenti has built a reputation for himself as a trenchant, yet engaging and accessible, critic of capitalism, imperialism, and other forms of exploitation and violence and this diverse collection of his writings will not disappoint his fans (nor, probably, convince his detractors). Over the course of the collection he takes on the corporate media, intellectual repression in academia, the stolen presidential elections of 2000 and 2004 (not that he's a fan of Al Gore or John Kerry), right wing judicial activism, free-market orthodoxies and mythologies, racism, sexism, homophobia, postmodern attacks on Marxism, the distortions of dominant history, ill-informed demonizations of the Venezuelan political process, his own life, and many other topics."--Book News, Inc. "A prolific author, a charismatic speaker, and a regular guest on radio and television talk shows, Parenti communicates his message in an accessible, provocative, and historically informed style that is unrivaled among fellow progressive activists and thinkers."--Aurora Online Michael Parenti is a critically acclaimed author and an extraordinary public speaker. He received his Ph.D. in political science from Yale University and has taught at a number of colleges and universities, in the United States and abroad. He is the author of twenty books, including Superpariotism , The Assassination of Julius Caesar, Inventing Reality, and Democracy for the Few.