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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.
List of contents
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
About the author
By George David Miller - With Laura Brown
Summary
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.
