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

27 Pages Posted: 18 Nov 2011  

Nelson P. Miller

Western Michigan University Cooley Law School

Date Written: January 1, 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.

Keywords: First Amendment, liberty, care, tort law, injury, intrinsic good, foundation, philosophy, self-expression

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: https://ssrn.com/abstract=1961638

Nelson Pierce Miller (Contact Author)

Western Michigan University Cooley Law School ( email )

111 Commerce S.W.
Grand Rapids, MI 49503
United States

HOME PAGE: http://www.cooley.edu/faculty/miller_nelson.html

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