Lawlessness Revealed: The Supreme Court’s Man of Liberty Transcends Tort Law
Nelson P. Miller
Thomas M. Cooley Law School
January 1, 2005
Louisiana Law Review, Vol. 66, No. 95, 2005
The United States Supreme Court has to some extent federalized areas of tort law by replacing tort law's foundation in care with a concept of careless liberty. The Court has explicitly named self-expression as the intrinsic good. Thus, the unconstrained, self-defining person at the theoretical root of much of the Court's First Amendment jurisprudence will inevitably offend and injure others. Care, not liberty, will always be the intrinsic good.
Number of Pages in PDF File: 27
Keywords: First Amendment, liberty, care, tort law, injury, intrinsic good, foundation, philosophy, self-expressionAccepted Paper Series
Date posted: November 18, 2011
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