Reinventing American jurisprudence : law through the lens of value / George David Miller with Laura Brown.

Format:

Book

Author/Creator:

Miller, George David, author.

Brown, Laura, 1986- author.

Language:

English

Subjects (All):

Law--Political aspects--United States--Cases.

Law.

Political questions and judicial power--United States--Cases.

Political questions and judicial power.

Physical Description:

1 online resource (317 pages)

Place of Publication:

Lanham, Maryland : Lexington Books, [2022]

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.

Contents:

Cover

Half Title

Title Page

Copyright Page

Contents

Acknowledgments

Introduction

Notes

I: Introduction to a New Theory of Law

Chapter 1: The Primacy of Value: Value as the Sharp Edge of Meaning

Two Examples as a Window Into Axiological Analysis

Value: A Phenomenological Approach

Value as the Sharp Edge of Meaning

The Allegory of the Cube Organizer

Meaning Operates through Value

A Final Sample of Value Analysis

Chapter 2: Theories of Law through the Lens of Value

Natural Law Theory

Positivism

Formalism

Legal Realism

Law and Economics

Critical Legal Studies

Postmodernism

Critical Race Theory

Queer Law

Feminist Legal Theories

Literature in Law

II: Supreme Court Cases

Chapter 3: Self-Determination v. Efficiency

Narrative in a Nutshell

Value-Infused Scholarship

Majority Opinion by Justice Oliver Wendell Holmes

A Lonely and Unpersuasive Precedent

Reckoning of The Rogue Justices

Chapter 4: Human Being v. Degraded Being

The Open Secret

Majority Opinion by Justice T. Stanley Matthews

Operative Values

Reckoning of the Rogue Justices

Chapter 5: Security of Free Speech v. Wartime National Security

The Espionage Act-June 15, 1917

Majority Opinion by Justice John Clarke

Quick Chronology of Authorities

Summary of Value Congregation

Dissent by Justice Oliver Wendell Holmes

Chronology of Authorities

Chapter 6: Personhood v. Property

Scholarly Infused Scholarship.

Majority Opinion by Chief Justice Roger Taney

Operating Values

Value Vignette

Dissent by Justice John McLean

Legal Wrapping Paper

Chronology of Precedents

Chapter 7: Integration as a Means of Securing Personal Liberty for All and Preserving the Union v. Segregation as a Means of Limiting Personal Liberty and Permanently Securing White Supremacy

LEGAL LANDSCAPE VIA VALUES

HOW DIFFERENT VALUES ANIMATED THE CIVIL WAR AMENDMENTS

Reckoning of Rogue the Justices

Chapter 8: Economic Liberty over Paternalism v. Judicious State Intervention over Exploitative Liberty v. Malleable Constitution v. Dubious Liberty

Axiological Analysis of Value-Infused Scholarship

At Legal Loggerheads

A Baker's Life: A Disparity of Perspectives

Explaining the Disparity

Appropriation of Authorities: Some Signals

Comparative Value Schemes

Chapter 9: The Value of Interdependence v. Value of a Private and Independent Economic Sphere

Narrative in a (Slightly Larger) Nutshell

Majority Decision by Justice Robert Jackson

Pivotal Authorities

Argumentative Flashpoints

Chapter 10: The Sacred Value of Privacy in Marriage v. Traditionalism

Narrative in Nutshell

The Majority Opinion by Justice William Douglas

The Connecticut Laws

A Justification for Penumbras

The Authorities and Their Penumbras

Concurrence by Justice Arthur Goldberg

Legal Rationale.

Concurrence by Justice John Marshall Harlan II

Concurrence by Justice Byron White

Dissent by Justice Hugo Black

Chapter 11: Malicious Free Speech v. Libel of a Government Official

Majority Opinion by Justice William Brennan

Chapter 12: The Subjective Turn of the Fourteenth Amendment v. Separate but Equal

Majority Opinion by Chief Justice Earl Warren

The Plessy Progeny

Admission of Valuation of Fourteenth Amendment

Chapter 13: Collective Safety Net v. Individualistic Self-Defense

Self-Defense as a Sacred Zenith Value

Collective Safety as a Preferred Value

Lingual Vivisection According to the Value of Ordinary and Normal Usage of Language

Authorities, Histories, and Scientific Data

Chapter 14: The Establishment Clause v. Spiritual Heritage

Majority Opinion by Justice Hugo Black

Concurrence by Justice William Douglas

Dissent by Justice Potter Stewart

Reckoning of Rogue Justices

Chapter 15: Liberty and Privacy in the Bedroom v. the Stability of Homophobia

Value Clusters in Play

Majority Opinion by Justice Anthony Kennedy

Concurrence by Justice Sandra Day O'Connor

Dissent by Justice Antonin Scalia

Chapter 16: Weaponized Words v. the Fruition of Conscience in Action

Per Curiam Majority Opinion.

Operative Authorities with Comments

Chronology of Authorities-with Brief Comments

Legal Reasoning

Chapter 17: Invidious Discrimination v. the Purity of White Supremacy

White Supremacy Appropriated from Virginia Law

Chapter 18: Health v. Liberty

The Constitutional Wishbone

Majority Opinion by Chief Justice John Roberts

Vignette of Values

Concurrence and Dissent by Justice Ginsburg

Leading Values

Value Appraisal

Dissent by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel Alito

Chapter 19: Venerated Objects v. Freedom of Speech

Narrative IN A NUTSHELL

Texas Penal Code Ann. 42.09 (1989)

Legal Flashpoints of Majority Opinion and Dissent

Chronicle of Authorities with Brief Comments

From the Dissent by Chief Justice William Rehnquist

Dissent by Justice William Rehnquist

Chapter 20: Functional Judiciary v. Executive Privilege as a Means to Secure National Security

Majority Opinion by Chief Justice Warren Burger

Legal Rationale in Five Steps or Less

Authorities

Value Finale

Notes.

Chapter 21: The First Amendment as a Means to Secure Corporate Dominance v. the First Amendment as a Means to Secure Democracy

Chronology of Crucial Authorities-with Brief Comments

Concurrence and Dissent by Justice John Paul Stevens

Conclusion

Bell v. Buck

Yick Wo v. Sullivan

Abrams v. United States

Dred Scott v. Sandford

Plessy v. Ferguson

Lochner v. New York

Wickard v. Filburn

Griswold v. Connecticut

New York Times Co. v. Sullivan

Brown v. Board of Education

District of Columbia v. Heller

Engel v. Vitale

Lawrence v. Texas

Brandenburg v. Ohio

Loving v. Virginia

National Federation of Independent Business v. Sebelius

Texas v. Johnson

United States v. Nixon

Citizens United v. Federal Election Commission

Bibliography

Index

About the Authors.

Notes:

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Miller, George David Reinventing American Jurisprudence

ISBN:

1-7936-3941-8

OCLC:

1262695048