Civil Rights and Liberties
2020 Summit for Civil Rights – Is America Ready for a 2nd Reconstruction? A 3rd “Founding”?
November 23, 2020
The History of Anti-Asian Discrimination, Racism, and Xenophobia – Interview with Prof. Linus Chan
April 5, 2021
In light of the recent spike in anti-Asian violence associated with the COVID-19 pandemic, Vol. 40’s Rachel Pokrzywinski (Executive Editor) and Heather Chang (Editor-in-Chief) met with University of Minnesota Law School Professor Linus Chan to discuss the origins of violence against Asian people in the United States, the role of hate crime legislation,…
Continue Reading“The Harvest of Solidarity”: Achievements of Black Activists Following the 1921 Duluth Lynchings
April 11, 2022
By Brenna Evans[1] Minnesota’s history with lynchings is a long and bloody one. [2] Over two dozen lynching attacks stain Minnesota’s history, but none are more infamous than the 1921 lynchings of Isaac McGhie, Elmer Jackson, and Elias Clayton in Duluth.[3] But one part of this brutal history that is often overlooked is the…
Continue ReadingExpungement of Marijuana Convictions: Lessons Learned from Minnesota Prohibition
February 7, 2023
Articles Editor Cedar Weyker looks back on Prohibition-era Minnesota to determine the best path forward for expungement as states across the country legalize marijuana.
Continue ReadingWill Minnesota’s New Automatic Expungement Laws Have an Effect on Federal Sentences?
February 14, 2024
By Britane Hubbard* On January 1, 2025, Minnesota’s new automatic expungement statutes will go into effect.[1] Under this new law, the Bureau of Criminal Apprehension will identify eligible people and grant them expungement relief if they qualify.[2] Offenses eligible for expungement range from petty misdemeanors to felonies.[3] The possibility of a new wave of expungements…
Continue ReadingA Solution to Hoffman’s Choice for Unauthorized Workers: Creating New Incentives to Report Unlawful Workplace Discrimination
October 4, 2016
by Andrew J. Glasnovich
In 2012, the United States was home to 11.7 million people who did not have legal authorization to reside in the country. Of those, approximately 8 million people were active in the work force. Unauthorized workers will likely contribute $2.6 trillion over the next decade to the U.S. economy. Those unauthorized persons are some of the most vulnerable members of society. Because of their status, some unauthorized workers fear that their choice to report employer misconduct will lead to their deportation or imprisonment. State and federal laws prohibit employers from class-based discrimination against their workers—whether these workers are authorized or unauthorized. Despite those laws, some employer misconduct is notably egregious and includes wage theft, unsafe labor conditions, race and sex discrimination, and sexual assault. However, some unauthorized workers are brave enough to risk deportation and challenge their employers’ unlawful practices.
Does the Minneapolis Police Department Traffic Stop Data Reveal Racial Bias?
November 24, 2020
This study analyzed Minneapolis Police Department traffic stop data from 2016 to 2020 to determine if racial bias influences MPD behavior. Results of the analysis showed that Black drivers are 10.8% percent more likely to be stopped during the day, when officers can observe the driver’s race for profiling, than when Black drivers’ race is not observable during darkness. The effect was highly statistically significant and demonstrated that Minneapolis Police Department traffic stops are racially biased.
Continue ReadingConstitutional Avenues for Challenging Social Media Monitoring by Law Enforcement
May 25, 2021
Stephen Earnest* Introduction Most Americans use social media on a regular basis.[1] Indeed, according to a recent report from the Global World Index, the average American allocates more than two hours a day to social media interaction, and that number appears to be increasing.[2] It should then come as no surprise that law enforcement agencies…
Continue ReadingAttack on the Right to Choose
April 12, 2022
By Laura Gustafson* A person’s right to choose has been under attack by state actions for some time, making headlines as the Supreme Court rules on bills restricting access to abortion. These bills can inflict great harm on people and attack the right to choose, but there is another very real threat that often goes…
Continue ReadingAll in the Family: How Polyamorous Families Can Use Businesses Models and Contracts to Secure Legal Benefits
February 9, 2023
JLI Staff Member Jacqueline R. Brant explores the legal challenges of polyamorous and plural families, including child custody, tax filing, government benefits, and housing rights, and the methods these families use to build a life outside of legal marriage.
Continue ReadingA Civil Gideon? The Case for Universal Representation in Immigration Courts
March 5, 2024
A Civil Gideon? The Case for Universal Representation in Immigration Courts By: Meg Keiser* In 1932, the Supreme Court began considering the right to counsel as a due process concern in Powell v. Alabama, holding that in capital cases where a defendant is unable to independently secure counsel, the Court must appoint counsel.[1] From Powell…
Continue Reading