Using value analysis, the authors uncover the undercurrents of famous United States Supreme Court rulings. Value inquiry reveals surprising and alarming agendas while opening up a fertile ground for debate, scholarship, and an assessment of the values at the heart of a country.
Using value analysis, the authors uncover the undercurrents of famous United States Supreme Court rulings. Value inquiry reveals surprising and alarming agendas while opening up a fertile ground for debate, scholarship, and an assessment of the values at the heart of a country.
George Miller is retired professor of philosophy. Laura Brown is PhD candidate in philosophy at the University of Iowa.
Inhaltsangabe
Part I: Introduction to a New Theory of Law Chapter 1: The Primacy of Value Chapter 2: Law Theories through the Lens of Value Part II: Supreme Court Cases Chapter 3: Self-Determination v. Efficiency, Buck v. Bell Chapter 4: Human Being v. Degraded Being, Yo Wick v. Hopkins Chapter 5: Security of Free Speech v. Wartime National Security, Abrams v. United States Chapter 6: Partial Personhood v. Property, Dred Scott v. Sandford Chapter 7: Integration as a Means of Securing Personal Liberty for All v. Segregation as a Means of Securing White Supremacy and Limiting Personal Freedom, Plessy v. Ferguson Chapter 8: Liberty Over Paternalism v. Judicious State Intervention Over Exploitative Liberty, Lochner v. New York Chapter 9: The Value of Interdependence v. Value of a Private and Independent Economic Sphere, Wickard v. Filburn Chapter 10: The Sacred Value of Privacy in Marriage v. Traditionalism, Griswold v. Connecticut Chapter 11: Malicious Free Speech v. Libel of a Government Official, New York Times Co. v. Sullivan Chapter 12: The Subjective Turn of the Fourteenth Amendment vs. Separate but Equal, Brown v. Board of Education of Topeka Chapter 13: Collective Safety Net v. Individualistic Self-Defense, District of Columbia v. Heller Chapter 14: The Absolute Value of the Establishment Clause of the First Amendment v. Value of Spiritual Heritage, Engel v. Vitale Chapter 15: The Value of Privacy in the Bedroom vs. the Value of Social Stability, Lawrence v. Texas Chapter 16: Weaponized Words v. Fruition of Conscience in Action, Brandenburg v. Ohio Chapter 17: Invidious Discrimination v. the Purity of White Supremacy, Loving v. Virginia Chapter 18: Health v. Liberty, National Federation of Independent Business v. Sebelius Chapter 19: Venerated Objects v. Freedom of Speech, Texas v. Johnson Chapter 20: Functional Judiciary v. National Security, United States v. Nixon Chapter 21: The First Amendment as a Means to Secure Corporate Dominance v. First Amendment as a Means to Secure Democracy, Citizens United v. Federal Election Commission Conclusion: One Hundred Eleven Mic Drop Takeaways, Conversation Starters & Stuff That Can Startle the Stymied into Writing Creatively
Part I: Introduction to a New Theory of Law Chapter 1: The Primacy of Value Chapter 2: Law Theories through the Lens of Value Part II: Supreme Court Cases Chapter 3: Self-Determination v. Efficiency, Buck v. Bell Chapter 4: Human Being v. Degraded Being, Yo Wick v. Hopkins Chapter 5: Security of Free Speech v. Wartime National Security, Abrams v. United States Chapter 6: Partial Personhood v. Property, Dred Scott v. Sandford Chapter 7: Integration as a Means of Securing Personal Liberty for All v. Segregation as a Means of Securing White Supremacy and Limiting Personal Freedom, Plessy v. Ferguson Chapter 8: Liberty Over Paternalism v. Judicious State Intervention Over Exploitative Liberty, Lochner v. New York Chapter 9: The Value of Interdependence v. Value of a Private and Independent Economic Sphere, Wickard v. Filburn Chapter 10: The Sacred Value of Privacy in Marriage v. Traditionalism, Griswold v. Connecticut Chapter 11: Malicious Free Speech v. Libel of a Government Official, New York Times Co. v. Sullivan Chapter 12: The Subjective Turn of the Fourteenth Amendment vs. Separate but Equal, Brown v. Board of Education of Topeka Chapter 13: Collective Safety Net v. Individualistic Self-Defense, District of Columbia v. Heller Chapter 14: The Absolute Value of the Establishment Clause of the First Amendment v. Value of Spiritual Heritage, Engel v. Vitale Chapter 15: The Value of Privacy in the Bedroom vs. the Value of Social Stability, Lawrence v. Texas Chapter 16: Weaponized Words v. Fruition of Conscience in Action, Brandenburg v. Ohio Chapter 17: Invidious Discrimination v. the Purity of White Supremacy, Loving v. Virginia Chapter 18: Health v. Liberty, National Federation of Independent Business v. Sebelius Chapter 19: Venerated Objects v. Freedom of Speech, Texas v. Johnson Chapter 20: Functional Judiciary v. National Security, United States v. Nixon Chapter 21: The First Amendment as a Means to Secure Corporate Dominance v. First Amendment as a Means to Secure Democracy, Citizens United v. Federal Election Commission Conclusion: One Hundred Eleven Mic Drop Takeaways, Conversation Starters & Stuff That Can Startle the Stymied into Writing Creatively
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