Inequality Inquiry
Shorter Form Content from the Minnesota Journal of Law & Inequality
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…
Continue ReadingOut of the Cell and Into the Fire: Inherently Dangerous Prison Work Assignments, the Eighth Amendment’s Guarantee of Safe Conditions of Confinement, and California’s AB-2147
April 13, 2022
by River Lord[1] Using the labor of inmates in the United States has a long and controversial tradition. Many observers have identified how higher rates of policing and incarceration among minority communities, coupled with the widespread use of inmate labor in exchange for sub-minimum wages, create a system of labor exploitation and racial oppression…
Continue ReadingAttack on the Right to Choose
April 12, 2022
By Laura Gustafson* A person’s right to choose has been under attack by state actions for some time, making headlines as the Supreme Court rules on bills restricting access to abortion. These bills can inflict great harm on people and attack the right to choose, but there is another very real threat that often goes…
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 ReadingDiscriminating Against Survivors of Domestic Violence as Sex-Based Discrimination Under Title VII
April 6, 2022
By Kendra Saathoff* Discriminating against a woman for being a victim of domestic violence is sex discrimination under Title VII of the Civil Rights Act. Domestic violence is a workplace issue, whether from an abuser threatening an office and the workers in it or because a survivor needs to miss work to ensure she…
Continue ReadingInsurer Liability for Discriminatory Policies: Can Insurers as Agents of the Employer Be Liable Under Title VII?
April 5, 2022
By Elizabeth Wellhausen* In 1964, President Lyndon B. Johnson signed into law the Civil Rights Act of 1964. One section of the Act, referred to as Title VII, made it illegal for an employer to discriminate against an individual because of their race, color, religion, sex, or national origin. However, the courts have struggled to…
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 ReadingIgnoring Inequalities and Refusing to Consider Consequences: The Supreme Court’s Blocking of OSHA’s Emergency COVID Standard
March 31, 2022
By Brandon Vaca[1] On January 13, the six conservative Justices on the U.S. Supreme Court stayed (blocked) and effectively struck down the Occupational Safety and Health Administration’s (OSHA’s) emergency vaccine-or-test standard (Standard) for employers.[2] The Court’s reasoning in its unsigned opinion ranges from vexing to troubling. As the three dissenting Justices pointed out, the Court…
Continue ReadingA Constitutional Necessity, Not a Luxury: States Must Provide Public Defender Offices With More Resources to Provide Indigent Defendants With Effective Counsel
March 30, 2022
By Haashir Lakhani* The phrase “you have the right to an attorney” is so ingrained in our social conscience that we perhaps do not even give it a second thought. The task of upholding this right for indigent defendants falls largely on public defenders, with some cases being assigned to other court-appointed attorneys. However, underfunded…
Continue ReadingA Healthy Start: Minnesota Is Pioneering an Alternative to Prison Nurseries, and Other States Should Follow Its Lead
March 28, 2022
by Rachel Pokrzywinski* In May 2021, Governor Tim Walz signed Minnesota’s Healthy Start Act (HSA) into law. The first of its kind in the United States, the HSA authorizes placement of pregnant and postpartum inmates into alternative housing—such as halfway houses and residential treatment facilities—with their newborns for up to one year after birth.…
Continue ReadingBiden’s Private Prison Ban Must Include ICE Detention
March 16, 2022
By Katie McCoy* Our incarceration-focused immigration system needlessly locks up hundreds of thousands of noncitizens each year. The number of people incarcerated in Immigration and Customs Enforcement (ICE) custody was 15,000 when President Biden first took office, and it now hovers near 29,000. Sixty-nine percent of those detained have no criminal history. Many ICE detention…
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 ReadingInjured on the Job: Minnesota Case Presents Opportunity to Address Employment Rights of Medical Cannabis Users
March 3, 2022
Grace Moore* The United States Supreme Court seems poised to consider the case of an employee injured in Mendota Heights, Minnesota that could settle a dilemma in employment law that has divided state courts and denied injured workers their employment rights. In Musta v. Mendota Heights Dental Center (“Musta”), the Minnesota Supreme Court determined that…
Continue ReadingReview of Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System by Alec Karakatsanis
February 23, 2022
Andrew Biddison* Criminal law is a required course in law school. As a survey course, there is often a tight focus on black letter law. Unfortunately, this focus ensures that many students—and especially those who choose not to specialize in this area of law—will finish their legal education without an informed understanding of the state…
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 ReadingAre New York’s Bail and Discovery Reforms in Renewed Danger?
February 9, 2022
By Kenneth Cooper* Tracking the status of these New York procedural reforms in particular (one increasing discovery obligations and the other reducing the use of cash bail in pretrial services) can shed further insight into how other attempts at reform, perhaps more substantive in nature, may play out.
Continue ReadingChoice or Coercion? How the Push to Avoid Formal Foster Care Has Contributed to the Creation of a Dangerous Hidden Foster Care System
February 2, 2022
By Sydnie Peterson* Family units will often come into contact with child protective agencies when they are at their most vulnerable and in crisis. This was the case for Brian Hogan, whose first experience with local child protective agencies occurred after his wife experienced a heart attack and was sent to a hospital approximately two…
Continue ReadingWe Finally (Kind of) Understand COVID – What Does That Mean at the Voting Booth?
February 1, 2022
By Rob Grimsley* When the Coronavirus first went viral, most Americans agreed that public spaces needed to be shut down in order to slow the spread and begin to understand what we were dealing with. However, as 2020 was an election year, there was soon speculation as to how to handle voting. Traditionally, voting had…
Continue ReadingStatement on COVID-19: Addressing Inequity Within Our Law School
January 31, 2022
JLI Editorial Board Over the past year and a half, the COVID-19 pandemic has highlighted deeply-rooted inequities within our law school community. Coupled with the normal pressures of law school, the pandemic has strained (and continues to strain) students’ mental, physical, and financial wellbeing. And the challenges brought by the pandemic are exponentially increased for…
Continue ReadingIt’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 ReadingHow a New Ohio Law and Other State Reforms Are Changing the Landscape of Mental Health and Criminal Justice
January 24, 2022
By Bailey Martin* In 2021, Ohio became the only active death penalty state with a law that allows for resentencing of people on death row who have serious mental health conditions. While this kind of law provides an important starting point for thinking about mental health and criminal justice, courts have much further to go to protect all persons with mental health conditions from disparate impacts in the justice system.
Continue ReadingA New Minneapolis: Opportunities in the Redistricting of Minneapolis Wards
January 19, 2022
By Hannah Stephan* Since the completion of the 2020 U.S. Census, states and cities around the country have begun the process of redistricting. On the tail of a heated municipal election season, redistricting in Minneapolis is especially noteworthy as residents are preparing for a re-do of the City Council election two years from now.…
Continue ReadingThe Rise and Fall of Legalized Recreational Marijuana in South Dakota
January 12, 2022
by Lottie James* By the late evening of November 3, 2020, it had become abundantly clear that a majority of South Dakotans support the legalization of both medical and recreational marijuana use. Two separate initiatives related to the legalization of marijuana usage were on the same ballot, and both initiatives passed with a majority affirmative…
Continue ReadingWho Is the Foreseeable User?: Manufacturers’ Duty to Warn Multilingual Users
January 11, 2022
by Abbie Maier* More than 350 languages are spoken in United States homes. In certain U.S. cities, Spanish speakers represent the majority of the population. In New York City and Houston, almost half of the people speak a language other than English at home, and in Los Angeles, the majority of the population speak languages…
Continue ReadingPreventing Bias with the Model Rules of Professional Conduct: An Interview with Professor Jon J. Lee
December 6, 2021
Interview conducted by JLI Vol. 40 Lead Online Editor Hannah Stephan Model Rule 8.4(g) of the ABA Model Rules of Professional Responsibility attempts to curb harmful bias and discrimination in the legal profession, but states ultimately decide which regulations govern members the local bar. In this interview, University of Minnesota Law School Professor Jon J. Lee…
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