Reinventing American jurisprudence: law through the lens of value

Abstract

The primacy of value -- Law theories through the lens of value -- Self-determination v. efficiency, Buck v. Bell -- Human being v. degraded being, Yo Wick v. Hopkins -- Security of free speech v. wartime national security, Abrams v. United States -- Partial personhood v. property, Dred Scott v. Sandford -- 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 -- Liberty over paternalism v. judicious state intervention over exploitative liberty, Lochner v. New York -- The value of interdependence v. value of a private and independent economic sphere, Wickard v. Filburn -- The sacred value of privacy in marriage v. traditionalism, Griswold v. Connecticut -- Malicious free speech v. libel of a government official, New York Times Co. v. Sullivan -- The subjective turn of the Fourteenth Amendment vs. separate but equal, Brown v. Board of Education of Topeka -- Collective safety net v. individualistic self-defense, District of Columbia v. Heller -- The absolute value of the establishment clause of the First Amendment v. value of spiritual heritage, Engel v. Vitale --The value of privacy in the bedroom vs. the value of social stability, Lawrence v. Texas -- Weaponized words v. fruition of conscience in action, Brandenburg v. Ohio -- Invidious discrimination v. the purity of white supremacy, Loving v. Virginia -- Health v liberty, National Federation of Independent Business v. Sebelius -- Venerated objects v. Freedom of Speech, Texas v. Johnson -- Functional judiciary v. national security, United States v. Nixon -- 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.