Racial Justice
It’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 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.
Refunding 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 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 ReadingRight 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 ReadingDeadly 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 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 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 ReadingThe $2 Billion-Plus Price of Injustice: A Methodological Map for Police Reform in the George Floyd Era
March 22, 2021
View/Download PDF Version David Schultz† Introduction The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority…
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 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“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…
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 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.
How We Got Here: Race, Police Use of Force, and the Road to George Floyd
April 1, 2021
Long before the killing of George Floyd, the United States has struggled to mitigate racially arbitrary use of force by the police. This article seeks to explain how we got to the killing of George Floyd. This article contends that that the law—especially the decisions of the Supreme Court and political choices made by politicians—has helped to enable the relatively unchecked use of force against people of color.
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 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 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 ReadingJLI’s Statement on Brooklyn Center Police’s Killing of Daunte Wright
April 14, 2021
Gabrielle Maginn, Hannah Stephan, and the JLI Editorial Board Black Lives Matter. Daunte Wright was a father, a son, and a member of our Twin Cities community. On April 11th, 2021, a White Brooklyn Center police officer killed Daunte, a Black man. The loss of the life of our 20-year-old neighbor is a tragedy. The…
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 Reading