Lawlessness Revealed: The Supreme Court’s Man of Liberty Transcends Tort Law

Miller, Nelson Pierce

Abstract

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Lawlessness Revealed: The Supreme Court’s Man of Liberty Transcends Tort Law

Nelson Pierce 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

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Date posted: November 18, 2011

Suggested Citation

Miller, Nelson Pierce, 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