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Oregon’s Yamhill County v. Real Property Commonly Known as 11475 NW Pike Road and The Cracks Forming in the Legal Foundation of Civil Forfeiture Laws
December 27, 2023
By: Christian Purnell* In March of 2018, authorities in Yamhill County, Oregon arrested Cheryl Sublet, a 61-year-old grandmother and military veteran, on charges of possession and delivery of narcotics.[1] Her relapse and arrest represented a tragic turn of events for Sublet who had long battled chemical dependency and PTSD but who had had maintained…
Continue ReadingThe Criminalization of Pregnancy: Etowah County, Alabama Should Raise Alarms for Women
January 12, 2024
By: Diana Kawka* In Etowah County, Alabama, being pregnant places women at risk of severe punishment for what would otherwise be minor offenses, receiving wildly disparate treatment than their male counterparts.[2] Alabama leads the nation in pregnancy criminalization, with Etowah County disproportionately seeking to imprison and prosecute mothers and pregnant women.[3] Pregnancy criminalization is defined…
Continue ReadingFormulating a Fix: Past, Present, and Future State and Federal Efforts to Rectify the Abuses of Form Contracts
June 13, 2020
by Chad K. Hermes† View/Download PDF Version Table of Contents Part I: The Standard Form Contract Part II: Legislative Action to Limit Oppressive Terms in Form Contracts A. Federal Action to Limit Oppressive Terms B. State Action to Limit Oppressive Terms Part III: Further Efforts Legislatures Should Make to Limit Oppressive Terms A. Principles-Based Enforcement…
Continue ReadingStretched Thin: Parents Lacking Resources Who Are Accused of Negligent Child Abuse Need Solutions, Not Prisons
January 21, 2020
The purpose of punishment is not served when the criminal justice system prosecutes poor, and often undereducated, parents for the unintended deaths of their children. Punishment as retribution is excessive for an already grieving parent, and an act cannot be deterred, either specifically to the offender or generally to society, if it was unintended in the first place. Finally, incapacitating parents by way of imprisonment does not ultimately serve the social good because their imprisonment sets up their surviving children for increased risk factors. Punishing a parent who has already received the worst punishment of all—loss of a child—cannot be justified.
Continue ReadingThe Privileged Working Conditions of Public Employees Sanctioned by Public Law: Adding One Dimension to Inequality
This Paper joins the debate about inequality and public management reform. Authors have been thinking about equality—and inequality—mostly in terms of income and wealth and less in terms of living and working conditions, e.g. the digital divide. Adding to the literature about inequality in working conditions, this Paper shows that a significant amount of value, or ‘shadow’ income, can be perceived from a person’s working conditions, and this is the case of public employees globally.
Continue ReadingOpportunity Zones: Gambling with Our General Welfare
January 5, 2021
Economic inequality is at a breaking point. “Opportunity Zones” operate currently to expand specific welfare rather than general welfare. Reforms may be imminent, but OZs reveal how private-public partnerships often prioritize the interests of only a few.
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 ReadingNo Humans Involved: The Dehumanization of Missing and Murdered Indigenous Women and Girls
November 29, 2021
by Alida Weidensee* No Humans Involved. This was the unofficial term used by members of the Los Angeles Police Department and other public officials to describe the murders of people of color and those in other communities deemed nonhuman.[1] The use of this term came to light in 1992, following the acquittal of LAPD officers…
Continue ReadingLaufer Gives ADA Testers a Second Green Light
January 11, 2023
By Matthew Schmitz ***Disability communities differ on whether they prefer person-first (“person with a disability”) or identity-first (“disabled person”) language.[1] Here, I have opted for identity-first language but want to acknowledge that each member of the disability community may have a different preference. The First Circuit bucked the trend of its sister circuits on a…
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 ReadingFace 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 ReadingCrypto and the Climate Crisis
March 8, 2023
Cryptocurrency mining has done more than shake up financial industries – it has had an enormous impact on climate change as well. In this blog, JLI Note & Comment Editor Mallory Harrington breaks down how cryptocurrencies impact the environment and potential solutions to these problems.
Continue ReadingLong-Term Discrimination: Addressing the Disparate Treatment of Claimants with Mental Disabilities in Long-Term Disability Insurance
July 11, 2023
By: Joseph Scanlon View/Download PDF Version
Continue ReadingAre Infant Safe Haven Laws Fulfilling their Intended Purpose?
October 26, 2023
By: Alexandra Schrader-Dobris* In the wake of Dobbs v. Jackson Women’s Health Organization, infant safe haven laws are put to the test as more women give birth because of decreased abortion access.[1] During the Dobbs oral argument Justice Barrett asked whether safe haven laws were sufficient alternatives to abortion.[2] The laws allow parents to…
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