Racial Justice
Face It: Police Can’t Be Trusted with Facial Recognition Technology
March 7, 2023
As facial recognition technology becomes more common, governments must confront the more sinister aspects of this new field, including privacy concerns, threats to free speech, and government surveillance. This piece by JLI Online Editor Joseph Scanlon breaks down the issues with police’s use of facial recognition technology.
Continue ReadingIt’s Time to End the Use of Race & Gender Statistics in Damage Award Calculations
January 27, 2022
By Joe Scanlon* At first glance, the use of race and gender-based statistics may appear to be a neutral, data-driven approach, and defenders of the tactic say it is the most accurate way to calculate the losses incurred after an injury. In reality, however, the practice unjustly devalues the lives of racial minorities and women.
Continue ReadingBlack Name Discrimination: An Issue You Know With a History You Have Yet to Hear
February 19, 2022
by Develyn Mistriotti* “‘Georgie, how’d you feel when you walked off Master Howell’s place for the first time?’”. . . “‘Like a man,’ he said. . . . ‘I don’t need to tell you this, or maybe I do, because they have always favored you in a particular way. . . . I now rise…
Continue ReadingAbove the Law: How Kim Potter’s Sentencing Serves as Another Example of Police Receiving Disproportionately Low Sentences
March 7, 2022
The recent sentencing of former Brooklyn Center Police Officer Kimberly Potter provides a reminder that police officers who kill people while on duty are granted leniency over and over again in the criminal justice system.
Continue ReadingProtecting Civil Liberties: Easier Said Than Done
April 1, 2022
by Julia Decker* It is easy to say that voting is the cornerstone of our democracy, perhaps easier still to say that protecting the right to vote is paramount. There is nuance, however, in assessing those protections. In an era of what many perceive to be increasing political polarization, ostensibly neutral yet increasingly stringent…
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 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 ReadingRacism, Social Control, and the Regulation of Bar Admissions
April 14, 2022
By Professor David Schultz* Justice Oliver Wendell Holmes, Jr. famously declared: “The life of the law has not been logic: it has been experience.” When it comes to admission to practice law, one could say that “The life of admission to practice law has not been fairness but exclusion.” From its birth, America was a racist…
Continue ReadingWhat’s Wrong With My Hair?: Discrimination Against Black Hair in the Workplace
April 26, 2022
By Jocelyn Rimes* I spent the days leading up to my first day of my summer law clerk position agonizing over how I would do my hair. While still unsure, I eventually decided that I would do a twist-out, sectioning my hair in small twists and untwisting it the next day for defined curls. On…
Continue ReadingGentrification, Displacement, and Disparate Impact Liability: How Gentrification Theory is Not Cognizable Under the Fair Housing Act
May 2, 2022
by Adam Mikell* In the United States, the topic of housing has an ugly history comprised of decades of government-sanctioned discrimination and segregation carried out through racially-motivated practices such as “neighborhood composition” rules, racial covenants, steering, and redlining. In 1968—the tail end of the Civil Rights Movement—the Fair Housing Act (FHA) was passed to…
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 ReadingNot-So Affordable Housing: Regulatory Blocks on Accessory Dwelling Units in the Twin Cities
March 3, 2023
JLI Vol. 41 Staff Member Jacque Randolph explains the benefits of and barriers to using Accessory Dwelling Units for affordable housing in the Twin Cities.
Continue ReadingThomas Jefferson: Derailing the Native American Future
November 23, 2021
Jefferson sought to play both sides of the conflict. On the one hand, he had to appease the zealous settlers who were eager to take Native American land. On the other, he wanted to “cultivate the love” of Native Americans even as he sought to rob them of their property.
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 ReadingWill the Indian Child Welfare Act Survive? The Supreme Court Will Decide in Haaland v. Brackeen
March 30, 2023
By Layni Miramontes* The Indian Child Welfare Act (ICWA) is a federally enacted statute that became law in 1978 as a response to the disproportionate number of Native children that were being systemically removed from their homes with little to no evidence justifying their removal. ICWA was the legislative response to the U.S. government’s brutal…
Continue ReadingBreonna Taylor is Not Forgotten: Department of Justice Finds Civil Rights Violations by the Louisville Metro Police Department and the Louisville/Jefferson County Metro Government
May 9, 2023
By Alejandrea Brown* Police violence and misconduct against Black people in America is not a new phenomenon. Studies have shown that Black people are 3.23 times more likely than White people to be killed by the police.[1] The lack of accountability concerning police misconduct and violence against the Black community is also not new trend.[2] …
Continue ReadingExpungement: The Missing Federal Piece
May 10, 2023
While states have created their own expungement laws, nothing similar exists under federal law. In this blog post, staff member Diana Kawka explores federal expungement law and offers solutions to solve this gap.
Continue ReadingA New Future for Social Media Platforms, Courtesy of State Legislators.
May 13, 2023
By: Anitra Varhadkar
In March 2023, the Utah Governor signed into law a bill that greatly restricts social media use for minors, citing mental health. This blog post discusses whether or not mental health is the real reason for the legislation.
Right to Spiritual Advisors During Executions: Missouri’s Latest Refusal and the Supreme Court’s Evolving Jurisprudence
June 12, 2023
In Inequality Inquiry’s latest blog post, Britane Hubbard discusses how the Missouri Department of Corrections denied Leonard “Raheem” Taylor’s request for a spiritual advisor leading up to his execution.
Continue ReadingThe Texas Crown Act Policy Woes: Facially Neutral Grooming and Appearance Policies of Texas School Districts
October 17, 2023
In our most recent Blog Post, JLI Vol. 42 Lead Online Editor Alejandrea Brown discusses challenges of the recently enacted Texas Crown Act, which prohibits discrimination on the basis of hair texture and protective hairstyling associated with race.
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 ReadingRedefining De Facto: Cruz-Guzman and the Future of Racial Segregation in Minnesota Public Schools
April 17, 2024
By: Fariza Hassan*
As Cruz-Guzman makes its way back into the legal sphere with this new lens, it is important for Minnesota courts to take into consideration the historical trends and impacts of state-imposed desegregation. Minnesota has a powerful opportunity to rectify a long history of racial discrimination faced by young Black and brown children within the realm of public education, but the question of who will truly reap these benefits and how exactly such benefits ought to be derived is one that requires great care and diligence by the state.
From DEI to DIY: Anti-DEI Laws Driving Student and Faculty-Led Inclusion Efforts
October 21, 2024
By: Nas Lawal, Volume 43 Lead Articles Editor View/Download PDF Version: From DEI to DIY – Anti-DEI Laws Driving Student and Faculty-Led Inclusion Efforts (Lawal) In a time when diversity is more important than ever, universities are stepping away from the very programs meant to promote it. In the aftermath of the Students for…
Continue ReadingMinneapolis Organization Spotlight: New Justice Project MN
April 11, 2025
By: Fariza Hassan, Volume 43 Editor-in-Chief View/Download PDF Version: Minneapolis Organization Spotlight – New Justice Project MN (Hassan) During a long-time friend’s going away picnic at Boom Island Park earlier this summer, we noticed that under the nearby chateau was a lively group hosting some sort of celebratory, yet informative, event. While we reminisced our stories…
Continue Reading“How Are We Supposed to Move Forward with THIS Police Force After This?”: The Stalled Reform Movement in Minneapolis
March 26, 2021
Gabrielle Maginn* On May 25, 2020, George Floyd was killed by Minneapolis Police Officer Derek Chauvin. The horrifying incident, in which Floyd calls out for his mother and tells Chauvin and the other officers present that he can’t breathe, was caught on camera and broadcast widely. In the days and weeks that followed, residents of…
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