Inequality Inquiry
Shorter Form Content from the Minnesota Journal of Law & Inequality
Expungement: 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 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 ReadingMinnesota Crisis Pregnancy Centers and The Positive Pregnancies Bill
By Lizzy Miller* Introduction In 2022, the federal constitutional right to abortion previously found in Roe v. Wade was overturned by Dobbs v. Jackson Women’s Health Organization.[1] Crucially, Dobbs found that “the state has an ‘important and legitimate interest’ in protecting fetuses that it does not have in preventing contraception.”[2] While abortion remains constitutionally protected…
Continue ReadingThe Clash Between LGBTQ Anti-Discrimination Law and Freedom of Speech in 303 Creative v. Elenis: Which Will Take the Cake?
April 2, 2023
By Elizabeth Wellhausen* In December 2022, the Supreme Court heard oral arguments for 303 Creative v. Elenis, a case that is basically a “redo” of Masterpiece Cakeshop v. Colorado Civil Rights Commission.[1] In Masterpiece, a baker refused to make a wedding cake for a same-sex couple because same-sex marriage conflicted with his religious views.[2] The…
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 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 ReadingThe Right to Choose From An Empty Shelf: Anti-Abortionists Sue to Remove FDA Approval of Crucial Medication
March 28, 2023
Staff Member Bethany Jewison analyzes a recent lawsuit where multiple anti-abortion organizations seek to repeal the FDA’s approval of an important abortion drug, mifepristone.
Continue ReadingHow Current Law Fails to Protect Defendants with Mental Illnesses from the Death Penalty
March 27, 2023
By Bailey Martin Eighteen men were executed in the United States in 2022[1], and so far, seven more men and women have been executed in 2023.[2] Despite numerous arguments that these individuals suffered from severe mental illnesses, last-minute appeals and clemency requests were unsuccessful.[3] Furthermore, upcoming scheduled executions continue this pattern of executing individuals…
Continue ReadingReason-Specific Abortion Bans Under Current Abortion Jurisprudence
March 13, 2023
View/Download PDF Version By Jocelyn Rimes† Introduction In 2021 alone, 108 restrictions on abortion were enacted in just nineteen states.[1] With the recent Supreme Court decision, Dobbs v. Jackson Women’s Health Organization, that eliminated the federal constitutional right to obtain an abortion, abortion access is in a perilous position for millions of individuals.[2] Currently, ten…
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 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 ReadingThe Respect for Marriage Act: Limitations, Protections, and Future Implications
March 3, 2023
In this blog post, Staff Member Elise Skarda reviews the impact of the much-anticipated Respect for Marriage Act, and, due to the Act’s limits, proposes further actions to be taken to protect same-sex marriage.
Continue ReadingNot-So Affordable Housing: Regulatory Blocks on Accessory Dwelling Units in the Twin Cities
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 ReadingNoncompete Clauses and the Federal Trade Commission’s Proposal to Ban: Pros, Cons, and Questions on the FTC’s Authority
March 1, 2023
**By Mike Fadden Introduction: On January 5, 2023, the Federal Trade Commission (“FTC”) announced a new rule proposal that would result in a ban on noncompete clauses in the United States.[1] This proposed rule specifically impacts noncompete clauses in the employer-employee relationship, which “block people from working for a competing employer, or starting a…
Continue ReadingUpdated Minnesota Child Support Guidelines Starting January 1, 2023: What’s Changing and Who Will Be Impacted?
February 10, 2023
*By Sydnie Peterson Effective January 1, 2023, the Minnesota child support guidelines will undergo various targeted changes that aim to have a large impact on child support awards. Child support awards are court ordered and intended to adequately provide for children’s “care, housing, food, clothing, transportation, and additional support for medical costs” and child care.[1]…
Continue ReadingPolice Questioning of Juveniles
February 9, 2023
By Emma Kruger Police interrogation can be intimidating even for adults, but the experience of police questioning for a juvenile suspected of committing or witnessing a crime can be even more overwhelming. Police interrogation practices often do not differ for children, but children’s experience of them and their capacity to adequately make choices in the…
Continue ReadingAll in the Family: How Polyamorous Families Can Use Businesses Models and Contracts to Secure Legal Benefits
JLI Staff Member Jacqueline R. Brant explores the legal challenges of polyamorous and plural families, including child custody, tax filing, government benefits, and housing rights, and the methods these families use to build a life outside of legal marriage.
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 ReadingState v. Khalil: How a Minnesota Supreme Court Ruling Led to the Amendment of a Minnesota Criminal Sexual Conduct Statute
February 6, 2023
In this blog post, staff member Remy Bell explores how the case of State v. Khalil impacted Minnesota’s criminal sexual conduct statute.
Continue ReadingUnhoused 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…
Continue ReadingExplainer: The Teamsters Local 320 Agreement
January 12, 2023
In this blog, staff member Selma El-Badawi breaks down the recent agreement between the University of Minnesota and the Teamsters Local 320.
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 ReadingD.C. Statehood: A Half-Made Promise Losing Momentum
In the newest blog post on Inequality Inquiry, staff member Sergi Torres reviews and responds to arguments against D.C. statehood.
Continue Reading“It’s Absolutely Immoral”: The Denial of Mental Health Treatment in U.S. Prisons
January 9, 2023
Staff member Nicole Carter interrogates why prison inmates’ mental health needs are neglected in this new blog post.
Continue ReadingFirst Down, First Amendment: A Case Comment on Kennedy v. Bremerton School District
December 2, 2022
Note & Comment Editor Karissa Grapes analyzes a recent Supreme Court decision and discusses its impact on religious practices in schools.
Continue Reading