Inequality Inquiry

Shorter Form Content from the Minnesota Journal of Law & Inequality


Unhoused and Handcuffed

January 13, 2023

By Eleanor Khirallah Under the guise of addressing homelessness and mental illness in New York City, on Tuesday, November 28, 2022, Mayor Eric Adams announced a new directive that allows the involuntary hospitalization of people suspected to be mentally ill on the street or subway. The city directive authorizes peace officers and police officers to…

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Laufer Gives ADA Testers a Second Green Light

January 11, 2023

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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…

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Reforming the Troubled Teen Industry

November 30, 2022

By Alida Weidensee* Imagine yourself as a teenager. You wake up in the middle of the night to adult strangers in your bedroom. Maybe there are police officers too. These strangers force you to go with them, telling you that there is “a choice to do this the easy way or hard way.” You might…

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What’s Brewing with Bruen?

Kenneth Cooper examines the impact of New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (2022), and New York’s public defender and legal aid offices unexpected involvement in the case. 

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Purging False Narratives Around Cash Bail

October 28, 2022

By Christian Purnell.   With Illinois’ Pretrial Fairness Act (PFA) set to take effect in a matter of months, opponents are stepping up their efforts to spread misinformation about the law on social media. Homing in on a provision of the PFA that abolishes cash bail in the state’s pretrial system, Twitter trolls, and even…

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A Full Constellation of Benefits: How In Re the Custody of N.S.V. Exemplifies the Need for Courts and Legislatures to Readdress Definitions of Parenthood in Light of the Recognition of Same-sex Relationships

June 21, 2022

View/Download PDF Version By Esther Raty† Two women fall in love, move in together, and decide to start a family.[1] While two women cannot both genetically[2] be the parent of one child, they can choose when to have a child, which sperm donor to use, and how to co-parent a child.[3] However, no matter how…

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Gentrification, 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…

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The Constitutionality of SB 1142

April 28, 2022

By Chase Lindemann[1]   On March 1, 2022, Oklahoma State Senator Rob Standridge introduced Senate Bill 1142 to the Oklahoma Senate Floor.[2] SB 1142’s title states that this bill is an act “prohibiting certain schools and school libraries from maintaining or promoting certain books.”[3] If a parent believes that there is a violation of SB…

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An Illogical and Harmful Assessment: Credibility Findings in Trauma Survivor Asylum Applicants

April 18, 2022

By Linnea VanPilsum-Bloom* The current focus on and process for establishing credibility in asylum application interviews is illogical and harmful. A person who seeks asylum in the United States will either request asylum affirmatively, by applying to U.S. Citizenship and Immigration Services (USCIS), or through their potential removal in Immigration Court. In either process, the…

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Racism, 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…

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