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Tolerating the Conditionally Tolerant: The Uneasy Case of Salvation Religions
How can a tolerant, liberal political culture tolerate the presence of only conditionally tolerant illiberal sub-cultures while remaining true to its principles of tolerance? The problem falls within the intersection of two developments in the thinking of two of the leading anglophone philosophers of the last half-century, Bernard Williams and John Rawls. Rawls, particularly, struggled with the problem of how a liberal society might stably survive the clash of plural sub-cultures that a liberal society – unless it is oppressively coercive – must itself foster and allow to flourish. And he separately struggled with the problem of how liberal peoples might peacefully share the planet with illiberal, but “decent” peoples elsewhere. This article shows that Rawls\u27s two solutions do not easily mix, and argues that state-approved early education must do more than merely to inform children that losing their faith will not land them in jail
The Great Senior Short-Sale or Why Policy Inertia Will Short Change Millions of America\u27s Seniors
Different Paths
A critical perspective on law and political economy requires an appreciation not only of how race, gender, sexuality, class, national origin, immigrant status, and other aspects of our identities intersect and interact, but also why they do so. Focusing on the United States as a settler colonial state, this essay suggests that the primary markers of identity used to oppress people are themselves the master\u27s tools, i.e., constructs of the colonial project. Building on the late Stokely Carmichael\u27s distinction between the paths of the exploited and the colonized, it argues that remediating status-based injustices will require us to go beyond a redistribution of social goods and resources, or even institutional restructuring, to challenge the paradigm that works to define and contain us - the one that propelled Western colonialism and not permeates not only the United States but legal, economic, and political institutions around the world
The Choice of a Social System: Reflections on a Property-Owning Democracy and the Difference Principle
2020 BAR EXAMINATION: Judicial Order by the Supreme Court of Georgia Providing for Provisional Admission to the Practice of Law
The Supreme Court of Georgia issued the Judicial Order to postpone administration of the July 2020 Georgia bar examination to September 2020. The Order provided for the provisional admission to the practice of law of recent law school graduates and lawyers new to Georgia—those most affected by the postponement
FORCED BUSINESS CLOSURES: Executive Orders by the Governor Closing Private Businesses
Governor Brian Kemp (R) issued Executive Orders in response to the COVID-19 pandemic that required businesses to close in an effort to limit the spread of the virus. Business owners often challenged those forced business closures as unconstitutional or as exceeding the State’s police power, and those challenges were met with varying degrees of success
BIOETHICS: Ethical Considerations of Ventilator Triage During a Pandemic
In the midst of the COVID-19 pandemic, hospitals across the country faced unprecedented volumes of patients seeking treatment related to the respiratory complications of the virus. As a result, states were forced to reassess existing scarce resource allocation guidelines to appropriately accommodate the high demand. This Peach Sheet analyzes the ethical considerations implicated in enacting and following these guidelines when treating patients, specifically in the context of ventilator triage in response to the COVID-19 pandemic