Civil Rights and Liberties
Where is the U.S. Military?: An Update on the Department of Defense’s Efforts to Prevent Sexual Assault and to Protect Victims
November 17, 2021
by Thor Hawrey* Currently, a female military member is more likely to get post-traumatic stress disorder from being sexually assaulted or harassed than from actual combat. Due to this trauma, as well as the many other complex reasons associated with sexual assault, many victims feel trapped, have suicidal thoughts, and opt to leave the military. Those who desire to serve and protect us must forfeit their careers due to an inability for us to protect them.
Continue ReadingWhat’s Brewing with Bruen?
October 30, 2022
Kenneth Cooper examines the impact of New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (2022), and New York’s public defender and legal aid offices unexpected involvement in the case.
Continue ReadingReason-Specific Abortion Bans Under Current Abortion Jurisprudence
March 13, 2023
View/Download PDF Version By Jocelyn Rimes† Introduction In 2021 alone, 108 restrictions on abortion were enacted in just nineteen states.[1] With the recent Supreme Court decision, Dobbs v. Jackson Women’s Health Organization, that eliminated the federal constitutional right to obtain an abortion, abortion access is in a perilous position for millions of individuals.[2] Currently, ten…
Continue ReadingSupporting Criminalized Survivors: The Ongoing Need for Minnesota to Pass the Survivor’s Justice Act
November 18, 2024
By: Lucy Moran, Volume 43 Online Editor View/Download PDF Version: Supporting Criminalized Survivors – The Ongoing Need for Minnesota to Pass the Survivor’s Justice Act (Moran) On December 13, 2021, Samantha Heiges was released from one of Minnesota’s prisons after serving 12 years for causing the death of her baby. In front of Minnesota’s…
Continue ReadingAttacks on Reproductive Rights During COVID-19—Interview with Gender Justice’s Megan Peterson
May 7, 2020
JLI staff members Kristin Trapp, Anna Berglund, and Anwen Parrott recently interviewed Megan Peterson, who serves as the Executive Director of Gender Justice. Gender Justice is a nonprofit legal and policy advocacy organization devoted to addressing the causes and consequences of gender inequality, both locally and nationally. In this conversation, the group discussed how some states are trying to use COVID-19 to restrict access to abortion and reproductive services, the effects of not being able to access essential health care, and how advocates can strive to safeguard reproductive rights during a pandemic.
Continue ReadingSigning Away Your Right to Parent: How Safety Plans Evade Due Process Requirements in Child Welfare Proceedings
April 20, 2022
By Eleanor Khirallah While safety plans are supposedly voluntary and lack the court’s involvement, there have been many questions about the coercion involved in having parents sign these agreements. This is particularly true because these plans may be used to deprive parents of their right to custody of their children without due process of law.
Continue ReadingThe Sex Offender Registry is a Life Sentence for Juveniles
December 2, 2021
by Layni Sprouse* In 1990, in the wake of her 11-year-old son Jacob’s kidnapping, which grabbed the attention of the entire county, Minnesota native Patty Wetterling believed it crucial to take action to protect children against sexually violent offenders. Due to her efforts and the tragic story of her son, the first sex offender registry…
Continue ReadingAbortion Asylees: Is There Still a Path Forward After Dobbs?
October 30, 2022
In this blog, JLI’s Lead Online Editor Madelyn Cox-Guerra analyzes the impact of the overturning of Roe v. Wade on asylum-seekers who come to the United States.
Continue ReadingThe Right to Choose From An Empty Shelf: Anti-Abortionists Sue to Remove FDA Approval of Crucial Medication
March 28, 2023
Staff Member Bethany Jewison analyzes a recent lawsuit where multiple anti-abortion organizations seek to repeal the FDA’s approval of an important abortion drug, mifepristone.
Continue ReadingTwo Years Since Dobbs: How Access to Contraceptives and IVF Has Changed
November 9, 2024
By: Claire Albrecht, Volume 43 Staff Member View/Download PDF Version: Two Years Since Dobbs (Albrecht) I. Introduction Prior to June 24, 2022, the government “could not control a woman’s body or the course of a woman’s life: It could not determine what the woman’s future would be.”[1] On that date, the Supreme Court denied women…
Continue ReadingInmate Rights and the Prison/Jail System During COVID-19—Interview with Prof. Susanna Blumenthal
May 9, 2020
JLI staff members Abbie Hanson and Jen Davison recently interviewed Professor Susanna Blumenthal in a conversation about COVID-19’s effects on inmate rights and the prison/jail system. Professor Blumenthal co-directs the Program in Law and History at the University of Minnesota and she is an expert in criminal law. Professor Blumenthal’s research and writing focuses on the historical relationship between law and the human sciences. In this discussion, the group highlights the challenges of containing a virus in inherently constrained spaces, the damaging results on inmate rights, and how groups are working to ensure that incarcerated individuals receive adequate protection during a pandemic.
Continue ReadingRefunding the Community: What Defunding MPD Means and Why It Is Urgent and Realistic
March 18, 2021
We hope this scholarship will help Minnesotans better understand police brutality against Black Americans and people of color, and the need for urgent changes in the way Minneapolis is policed.
Continue ReadingHow a New Ohio Law and Other State Reforms Are Changing the Landscape of Mental Health and Criminal Justice
January 24, 2022
By Bailey Martin* In 2021, Ohio became the only active death penalty state with a law that allows for resentencing of people on death row who have serious mental health conditions. While this kind of law provides an important starting point for thinking about mental health and criminal justice, courts have much further to go to protect all persons with mental health conditions from disparate impacts in the justice system.
Continue ReadingCuba’s 2022 Family Code: A Different Model for Social Progress
November 2, 2022
In this blog post, staffer Buchanan Waller analyzes the development of and reasons for success behind Cuba’s 2022 Family Code.
Continue ReadingFundamental, Not Absolute: Implications of the Minnesota Supreme Court’s Ruling in Schroeder v. Simon
March 29, 2023
In this blog, Staff Member John Leiner examines the Minnesota Supreme Court’s ruling in Schroeder v. Simon and how legislation could restore voting rights to Minnesotans with past felony convictions.
Continue ReadingWaupun Correctional Institution: A Case Study in the Failures of the PLRA’s Administrative Remedies Requirement
November 22, 2024
By: Claire Girod, Volume 43 Staff Member View/Download PDF Version: Waupun Correctional Institution – A Case Study in the Failures of the PLRA’s Administrative Remedies Requirement (Girod) The Eighth Amendment protects prisoners from cruel and unusual conditions of confinement. Court intervention is often credited by commentators as the driving force keeping correctional facilities from…
Continue Reading2020 Summit for Civil Rights – What Is To Be Done? How Can We Help?
December 1, 2020
Deadly Force: How George Floyd’s Killing Exposes Racial Inequities in Minnesota’s Felony-Murder Doctrine Among the Disenfranchised, the Powerful, and the Police
March 8, 2021
View/Download PDF Version Greg Egan[1] I. Equity in Peril: How Felony-Murder Charging Discretion and Widely Varying Punishments are Deployed Against White Defendants, Defendants of Color, and Peace Officers Minnesota’s second-degree felony-murder statute represents a unique and creative charging mechanism that affords wide discretion to prosecutors. This makes it ripe for inequitable application. It is the…
Continue ReadingWe Finally (Kind of) Understand COVID – What Does That Mean at the Voting Booth?
February 1, 2022
By Rob Grimsley* When the Coronavirus first went viral, most Americans agreed that public spaces needed to be shut down in order to slow the spread and begin to understand what we were dealing with. However, as 2020 was an election year, there was soon speculation as to how to handle voting. Traditionally, voting had…
Continue ReadingTelehealth Providers: A Temporary, Tenuous Solution for Post-Dobbs Access to Medication
November 29, 2022
JLI Managing Editor Lottie James examines the vital, but limited, role of telehealth providers play in maintaining access to medication abortions after the Dobbs decision.
Continue ReadingThe Clash Between LGBTQ Anti-Discrimination Law and Freedom of Speech in 303 Creative v. Elenis: Which Will Take the Cake?
April 2, 2023
By Elizabeth Wellhausen* In December 2022, the Supreme Court heard oral arguments for 303 Creative v. Elenis, a case that is basically a “redo” of Masterpiece Cakeshop v. Colorado Civil Rights Commission.[1] In Masterpiece, a baker refused to make a wedding cake for a same-sex couple because same-sex marriage conflicted with his religious views.[2] The…
Continue ReadingArtificial Intelligence and Facial Recognition: Biases & Privacy Concerns
November 25, 2024
Volume 43 Staff Member Jems Guirguis interviews Omer Tene, a Partner at Goodwin Procter in a wide-ranging discussion of the challenges posed by AI and facial recognition. Recommended Readings: Thaddeus L. Johnson & Natasha N. Johnson, Police Facial Recognition Technology Can’t Tell Black People Apart: AI-powered facial recognition will lead to increased racial profiling, Scientific American…
Continue Reading2020 Summit for Civil Rights – The State of American Apartheid
November 20, 2020
In “The State of American Apartheid”, scholars and on-the-ground activists discuss the history of school segregation, and, even six decades after Brown v. Board of Education declared “Separate is not equal”, how segregation exists and affects people today. This panel discusses the causes, results, and on-going impact of our society’s unwillingness to challenge racial…
Continue ReadingDoes Minnesota’s Third-Party Visitation Rights Statute Apply to Unmarried, Same-Sex Couples?
March 16, 2021
A survey of the past, present and possible future of visitation rights for unmarried same-sex couples.
Continue ReadingAre New York’s Bail and Discovery Reforms in Renewed Danger?
February 9, 2022
By Kenneth Cooper* Tracking the status of these New York procedural reforms in particular (one increasing discovery obligations and the other reducing the use of cash bail in pretrial services) can shed further insight into how other attempts at reform, perhaps more substantive in nature, may play out.
Continue Reading