Inequality Inquiry >> Category

Inmate Rights and the Prison/Jail System During COVID-19—Interview with Prof. Susanna Blumenthal

May 9, 2020

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JLI staff members Abbie Hanson and Jen Davison recently interviewed Professor Susanna Blumenthal in a conversation about COVID-19’s effects on inmate rights and the prison/jail system. Professor Blumenthal co-directs the Program in Law and History at the University of Minnesota and she is an expert in criminal law. Professor Blumenthal’s research and writing focuses on the historical relationship between law and the human sciences. In this discussion, the group highlights the challenges of containing a virus in inherently constrained spaces, the damaging results on inmate rights, and how groups are working to ensure that incarcerated individuals receive adequate protection during a pandemic.

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How 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.

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Deadly Force: How George Floyd’s Killing Exposes Racial Inequities in Minnesota’s Felony-Murder Doctrine Among the Disenfranchised, the Powerful, and the Police

March 8, 2021

View/Download PDF Version Greg Egan[1] I. Equity in Peril: How Felony-Murder Charging Discretion and Widely Varying Punishments are Deployed Against White Defendants, Defendants of Color, and Peace Officers Minnesota’s second-degree felony-murder statute represents a unique and creative charging mechanism that affords wide discretion to prosecutors. This makes it ripe for inequitable application. It is the…

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The 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…

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2020 Summit for Civil Rights – The State of American Apartheid

November 20, 2020

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  In “The State of American Apartheid”, scholars and on-the-ground activists discuss the history of school segregation, and, even six decades after Brown v. Board of Education declared “Separate is not equal”, how segregation exists and affects people today. This panel discusses the causes, results, and on-going impact of our society’s unwillingness to challenge racial…

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Are 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.

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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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Minnesota Crisis Pregnancy Centers and The Positive Pregnancies Bill

May 9, 2023

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…

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Breonna 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] …

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Response to MPD’s Killing of George Floyd

June 2, 2020

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by Jen Davison and the JLI Editorial Team        On May 25, 2020, a White Minneapolis Police Department officer killed George Floyd, a Black man in our Twin Cities community. The White police officer killed Mr. Floyd while Mr. Floyd was in police custody, and bystanders captured the scene of Mr. Floyd’s final…

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The Movement Lawyer of 2020

August 11, 2020

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Want to hear how two recent University of Minnesota Law grads chose to respond to the tragic killing of George Floyd? Click the link to learn more about the inspiration behind the “Breathless” podcast, created by Ian Taylor, Jr. (’19) and Haaris Pasha (’19).

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How We Got Here: Race, Police Use of Force, and the Road to George Floyd

April 1, 2021

Long before the killing of George Floyd, the United States has struggled to mitigate racially arbitrary use of force by the police. This article seeks to explain how we got to the killing of George Floyd. This article contends that that the law—especially the decisions of the Supreme Court and political choices made by politicians—has helped to enable the relatively unchecked use of force against people of color.

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Biden’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…

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