Abstract

http://ssrn.com/abstract=1961638
 


 



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

Abstract:     
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-expression

Accepted Paper Series





Download This Paper

Date posted: November 18, 2011  

Suggested Citation

Miller, Nelson P., Lawlessness Revealed: The Supreme Court’s Man of Liberty Transcends Tort Law (January 1, 2005). Louisiana Law Review, Vol. 66, No. 95, 2005. Available at SSRN: http://ssrn.com/abstract=1961638

Contact Information

Nelson Pierce Miller (Contact Author)
Thomas M. Cooley Law School ( email )
300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States
Feedback to SSRN


Paper statistics
Abstract Views: 81
Downloads: 8

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.281 seconds