Inequality Inquiry >> Date

How Family Law Court Exacerbates the Effects of Domestic Violence

February 2, 2021

Kendra Saathoff* In family law court, custody proceedings can be made difficult by a history of domestic violence between the parents. Ultimately, judges’ interpretation of demeanor influences their fact finding and can lead them to determining domestic violence has not occurred when it has, or that it is not relevant to their determination of custody.…

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The Burying of Boumediene v. Bush

February 11, 2021

Kevin Thomson* At the University of Minnesota Law School in 2018, Chief Justice John Roberts declared that the court “erred greatly” when it gave into political pressure and upheld the internment of Japanese Americans in the “shameful” decision Korematsu v. United States. The Court is at its best, said the Chief Justice, when it stands…

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A Supreme Court unto Himself: The Disastrous Effects of the Attorney General’s Self-Certification Power on Immigration

February 13, 2021

The Attorney General has the power under 8 U.S.C. § 1103(g)(2) and 8 C.F.R. § 1003.1(h)(1) to overturn BIA decisions, as well as circuit court precedent, on nearly any immigration case they see fit. This expansive power was given to the Attorney General long ago, when most immigration functions were housed under the Department of Justice. Now that immigrations functions are spread across a range of entities at the federal level, the status quo is problematic. This article examines the Attorney General’s power to self-certify cases to themself, the problems it raises in terms of rationale, due process violations for asylum candidates such as L-E-A-, and larger constitutional issues.

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Volume 40 is Open for Submissions!

February 17, 2021

Do you have an idea for an article everyone should read? Maybe this is the time to write it! The Minnesota Journal of Law & Inequality is now accepting submissions for its 2021-2022 Volume 40.

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