The APA and the Assault on Deference
By Ronald M. Levin. Full Text. Recently, in Kisor v. Wilkie, a concurring opinion by Justice Gorsuch argued at length that § 706 of the Administrative Procedure Act (APA) prohibits judicial deference to administrative interpretations of law. That section states that “the reviewing court shall decide all relevant questions of law.” This issue remained unresolved…
Continue ReadingStealing (Identity) From the Poor
By Sara S. Greene. Full Text. The law of data breaches is new, dynamic, and evolving. The number and complexity of breaches increases each year and legal scholars, courts, and policymakers scramble to respond. In 2019, 14.4 million consumers became victims of identity theft, the most problematic consequence of data breaches for consumers. Indeed, one-third…
Continue ReadingThe Seven (at least) Lessons of the Myon Burrell Case
By Leslie E. Redmond & Mark Osler. Full Text. This Article closely examines the Myon Burrell case and how it features many of the most pressing issues in criminal justice.
Continue ReadingThe Human Journey Toward Justice: Reflections in the Wake of the Murder of George Floyd from a Community of Practitioners
By Dr. Raj Sethuraju et al. Full Text. Dr. Raj Sethuraju, Brent Lehman, Natasha Lapcinski, Taylor Saver, Kara Beckman, and Dr. Tamara Mattison are all restorative justice practitioners in the Twin Cities metro area. This Article examines the community impact following the killing of George Floyd.
Continue ReadingEducational Adequacy Challenges: The Impact on Minnesota Charter Schools
By Wendy Baudoin. Full Text. This Article explores the challenges to the educational systems in Minnesota, analyzing the history of public education and segregation within the Midwest.
Continue ReadingCorrection of Monumental Judicial Malpractice: The Case for Clearing Secessionist and Slaveholding Symbols of “Justice” from the Courthouse
By Michael J. Pastrick, Esq. Full Text. This Article illustrates the reasoning behind why historical figures who engaged in or supported slavery and segregation in the United States cannot symbolize justice today, and calls on courts to replace such antiquated figures to better symbolize equal justice for all.
Continue ReadingReassessing the Judicial Empathy Debate: How Empathy Can Distort and Improve Criminal Sentencing
By Warren Cormack. Full Text. This Article examines the science of empathy, suggesting that attempts to remove it from the courtroom may have been counterproductive and that a more equitable society may require a thoughtful embrace of empathy in legal decision making.
Continue ReadingRefunding the Community: What Defunding MPD Means and Why It Is Urgent and Realistic
By JLI Vol. 39 Editorial Board. Full Text. Minnesota Journal of Law and Inequality’s (JLI) editors trace the history of policing in the United States since its colonial days, outline the decades of failure to achieve meaningful progress in Minneapolis, and advocate for the redirection of MPD funding to violence prevention and alternative responses.
Continue ReadingThe $2 Billion-Plus Price of Injustice: A Methodological Map for Police Reform in the George Floyd Era
By David Schultz. Full Text. Professor David Schultz conducts a methodological exploration of what it would take to reform the institution of policing in the United States.
Continue ReadingGeorge Floyd’s Legacy: Reforming, Relating, and Rethinking Through Chauvin’s Conviction and Appeal Under a Felony-Murder Doctrine Long-Weaponized Against People of Color
By Greg Egan. Full Text. Ramsey County Public Defender Greg Egan takes an empirical look at second-degree felony murder convictions sentenced from 2012 through 2018 in Hennepin and Ramsey counties to detail the racial inequities in Minnesota’s felony-murder doctrine.
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