Inequality Inquiry
Shorter Form Content from the Minnesota Journal of Law & Inequality
Seneca Re-Ad Industries Reinforces Why Congress Should Eliminate 14(c) Certificates
March 29, 2024
Seneca Re-Ad Industries Reinforces Why Congress Should Eliminate 14(c) Certificates By: Matthew Schmitz* Early this year the District Court for the Northern District of Ohio reviewed the application of a key component of American minimum wage law: Section 14(c) certificates.[1] The case, brought by workers with disabilities and appealed by their employer, seems to represent…
Continue ReadingContingency Fee Bans For Divorce Proceedings: Ethical Considerations or Patriarchal Protections?
March 25, 2024
By: Rachel Emendorfer* Marriage. What starts in hopeful beginnings often ends in bitter legal battles. In the United States, over 600,000 divorces occur each year.[1] But the prevalence of divorce in this country should not be mistaken for the ease of obtaining one. Ending your marriage can not only take months to accomplish but may…
Continue ReadingEducational Integrity in Corporate Childcare: Addressing Poor Regulatory Oversight through Head Start’s Compliance Model
March 20, 2024
Educational Integrity in Corporate Childcare: Addressing Poor Regulatory Oversight through Head Start’s Compliance Model By: Anthony Alas $60.4 billion. That’s the annual revenue from childcare in the private sector.[1] Children have become piles of profit for corporations, and the American family demands its dividends. As long as childcare remains in corporate hands,[2] childcare corporations must…
Continue ReadingHow Texas’s Immigration Power-Grab Harms Migrants, Legal Immigrants, and Communities
March 14, 2024
By: Cassandra Whall* Recently, the news is dominated by discussions of a broken immigration system that has been straining the South, and the South’s belief that taking immigration into its own hands is the only appropriate and effective solution.[1] For months, Florida and Texas have been sending buses and planes filled with migrants to sanctuary…
Continue ReadingNew Legislation Seeks to End Marriage Penalty for Supplemental Security Income
March 11, 2024
By: Skylar Mayhew* Every month, people with disabilities are eligible to receive Supplemental Security Income (SSI).[1] SSI is a disability program funded and administered through the Social Security Administration.[2] The amount that a person with a disability receives each month can be lowered depending on several factors.[3] One factor that troubles advocates is the substantial…
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 ReadingTexas Legislature doubles down on supporting oil and gas at the cost of renewable energy post-freeze
February 27, 2024
By: Wills Layton* Background In February of 2021, the state of Texas experienced a freeze that the electric system, consisting of electric sources such as wind and gas and more traditional oil and gas power plants, was not prepared to effectively combat.[1] Nearly half of all Texans faced some type of disruption to water access,…
Continue ReadingThe Bystander Standard: Do Survivors of Mass Shootings Qualify for U Visas?
February 23, 2024
By: Elizabeth Mansfield The aftermath of a mass shooting is never easy. This is especially true for those survivors who have to deal with the trauma of what they’ve just experienced as well as the trauma of the American immigration system. Undocumented survivors of mass shootings may have concerns about going to the police with…
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 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 ReadingTaking Out the Trash: Is Biden’s Plan for Eliminating Junk Fees an Effective One?
January 2, 2024
From Taylor Swift’s Eras Tour tickets to ATM fees, consumers increasingly encounter junk fees. Lead Managing Editor Evelyn Doran explains and evaluates a recently proposed DOL rule requiring junk fee disclosures by financial advisors.
Continue ReadingOregon’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 ReadingLevel Setting Web Accessibility Expectations
December 13, 2023
The question of whether a business must make its website accessible or not can be answered, like most legal questions, with “it depends.” Nonetheless, businesses who fail to make their website accessible are at risk for suit alleging an ADA Title III violation.
Continue ReadingPunished Twice: Opioid Users Increasingly Handed Harsh Sentences for Friends’ Deaths
December 1, 2023
By: Bethany Jewison* A new phase of the opioid crisis. Jarret MacCasland and his fiancé Flavia Cardenas shared heroin on her 19th birthday.[1] Flavia tragically passed away and Jarret, who was only a few years older, was sentenced to life in prison with no chance of parole for the “murder” of Flavia.[2] Similarly, a 17-year-old…
Continue ReadingBirthright Citizenship: An Unqualified Right?
October 31, 2023
By: Elise Skarda* The concept of birthright citizenship has been mentioned in the news frequently recently. Many conservative presidential candidates are calling for an end to birthright citizenship,[1] though it is an unqualified constitutional right. So what is birthright citizenship, where does it come from, and why is it unconstitutional to qualify it? Birthright citizenship…
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…
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 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 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 ReadingInequality as the Vertical partiality of Public Administration: Empirical Evidence from the Judiciary
June 1, 2023
By Paolo D’Anselmi† 1. Introduction One of the tenets of democratic – and perhaps totalitarian – governance is the impartiality of public administration. Public managers in fact are supposed to take decisions without discriminating between one citizen and the next citizen nor between one politician and the next politician. This is the quality of public…
Continue ReadingPrescribing “Justice”? How the Court’s Stay in Alliance for Hippocratic Medicine Demonstrates the Dangerous Growth of Policy-Driven Adjudication in Federal Courts
May 16, 2023
By Evelyn Doran* In August 2022, the Alliance for Hippocratic Medicine (AHM) filed its articles of incorporation in Amarillo, Texas.[1] Three months later, it filed a complaint in the District Court for the Northern District of Texas, the federal district court that serves Amarillo and the surrounding region.[2] In this complaint, it alleged that the…
Continue ReadingCALLING ALL ASYLUM SEEKERS: PLEASE, TELL US YOUR TRAUMA, OVER AND OVER AGAIN
May 15, 2023
A Look into the United States Asylum Process for Recent Afghan Evacuees By Coryn Johnson* I met the girl with the quiet not-quite-smile in a small building on a military base.[1] Laminate tiles in a dirty-off white made the flooring, coupled by white-paned windows framing cheap glass. The place resembled a one-room schoolhouse built in…
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.
Examining the Constitutionality of Targeted Residential Protest Bans
May 12, 2023
By Alexandra Schrader-Dobris Introduction: Minnesota cities are steadily banning targeted residential protests in response to several Black Lives Matter demonstrations following George Floyd’s death in 2020.[1] That summer, over one hundred Black Lives Matter (BLM) protesters picketed outside Minneapolis Police Union President Bob Kroll’s house, calling for his resignation as a result of his failure…
Continue Reading“Reasonable Efforts” Inequities in Minnesota Child Welfare Removals
By Luke Srodulski When Minnesota Governor Tim Walz signed House File 4065 into law on June 2, 2022, much of the media coverage surrounded provisions legalizing THC-infused edibles and beverages, and whether Republican state lawmakers had actually intended to pass them.[1] Far less notable to most observers were reforms to child welfare law.[2] These amendments…
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