The two primary statutes that protect Minnesotans against race-based harassment in the workplace are the Minnesota Human Rights Act (“MHRA”), enacted in 1955, and Title VII of the Civil Rights Act of 1964. Since their enactment, courts have seemingly narrowed their protections and applied increasingly stringent standards. One such standard is the “severe or pervasive” standard, a federal case created measure used to determine whether workplace harassment in a given case is actionable.
Continue reading “Race-Based Hostile Work Environment Claims in Federal and Minnesota Courts: A Historical Perspective on the “Severe or Pervasive” Standard”Category: Longform Article
How To Be Biased in the Classroom: Kwayeskastasowin – Setting Things Right?
As an Indigenous person, I know introductions are important. Introductions place you. They provide others with an understanding of where you come from and what values or perspectives you might have
because of this placement. Introductions provide your legitimacy, your credibility, and your “authenticity” as an Indigenous person. The introduction of myself has changed throughout my life because of this placement of self. It has shifted as I have shifted from place to place, from space to space, and have gained and lost “knowledge” and family. Therefore, this Article will start with an introduction of myself to you.
Some Reflections of a Métis Law Student and Assistant Professor on Indigenous Legal Education in Canada
This Article is a reflection on some of my experiences as a Métis law student and assistant professor on the subject of Indigenous legal education in Canada. I introduce myself and what brought me to law school and describe some of my experiences as a law student, as a co-president of an Indigenous Students Association, and as a student organizer for an Indigenous law camp. I argue that a significant barrier to Indigenization and decolonization of Canadian legal education is the perseverance of an ideology rooted in settler colonialism and an individual affective commitment to its future, which is facilitated by racism. The existence and nature of this barrier is highlighted through an exploratory discussion of some of the experiences that are commonly shared by Indigenous law students and professors. I describe my approach to Indigenous legal education at the Lincoln Alexander School of Law (“Lincoln Alexander”) at X University in Toronto, Ontario, as one way to work towards facilitating
efforts towards Indigenization and decolonization
Storytelling and Truth-Telling: Personal Reflections on the Native American Experience in Law Schools
In January of 2021, the American Association of Law Schools (“AALS”) theme was Freedom, Equality and the Common Good. The Indian Nations and Indigenous Peoples Section of the AALS embraced the theme and announced a call for personal reflections incorporating the experiences of Native Americans in law schools. The theme of striving for academic freedom and equality allows for an in-depth questioning of
whether Native Americans have been adequately and appropriately represented in legal curricula in the nation’s approximately two hundred law schools. The aspirational goal of realizing the common good must be inclusive of Native American voices as students, faculty, staff, and graduates and in curricula choices in law schools across the country.
The Lawyer’s Role in Improving “Humane” Meat Labeling
American consumers are becoming increasingly aware farmed animals suffer greatly during farming processes that aim to provide meat at the lowest possible price. It has become standard practice on industrial farms for animals to be crowded into spaces so small they cannot move freely; deprived of sunlight and outdoor access; denied basic social interaction; artificially inseminated or restrained for forced insemination; painfully dehorned, debeaked, detailed, and castrated; and forced to endure unsanitary conditions, promoting diseases that lead to antibiotic resistance from frequent treatment.
Continue reading “The Lawyer’s Role in Improving “Humane” Meat Labeling”Voting Rights for People with Diminished Mental Capacity
Implementing a capacity metric for those with diminished mental capacity comes with inherent risks. Ideally, states should amend their constitutions and statutes to remove voting restrictions based on mental incapacity. Realistically, for states that wish to continue implementing voting restrictions based on mental incapacity, they should implement the ABA’s recommendation absent the third criterion. This method would serve to create uniform standards implemented by the judiciary and deter informal gatekeeping. Mobilization and advocacy through education and non-legislative initiatives should occur to promote enfranchisement and encourage those with diminished mental capacity to vote, thereby cementing their inclusion in society and dismantling the continuation of stigma.
Continue reading “Voting Rights for People with Diminished Mental Capacity”Should the Call for Systemic Change Start with Police Grievance Arbitration?
Police discipline grievance arbitrations are not going away because they are statutorily required. A key issue with the police discipline grievance arbitration is the number of police officers reinstated after termination. The reinstatement of a police officer after termination makes a chief of police’s job more difficult because they cannot manage the culture of their department. However, because of the statutory nature of these grievance procedures, the changes need to come from the legislature or adjusting the language in the governing collective bargaining agreements. Minnesota’s PAA’s reform of police discipline grievance arbitrations was an attempt address this issue.
Continue reading “Should the Call for Systemic Change Start with Police Grievance Arbitration?”Hyperpartisanship, Impeachment, and the Unchecked Executive Branch
While no president has been impeached and convicted in our country’s history, impeachment has been used in the past to temper presidential power. As our country has become more polarized, the usefulness of impeachment as both a deterrent and as a check on executive authority has been put into question. This is, in large part, due to the failure of Congress to unite around impeachment. Because Congress is our most democratic institution, issues within Congress generally speak more broadly to issues within our country. Currently, our country is too polarized to reach a political consensus, even after an armed insurrection. Moreover, impeachment has been weakened by its continued exploitation by both parties in Congress. Without an effective impeachment tool, Congress will have to rethink its checks on the executive branch.
Continue reading “Hyperpartisanship, Impeachment, and the Unchecked Executive Branch”The Enforceability of Step-Down Provisions in Automobile Insurance Policies
Courts across the country struggle with the enforceability of step-down provisions. Many courts reject step-down provisions as unfair, against public policy, or as ambiguous terms that upon examination do not warrant enforcement. Other court decisions focus on the freedom to contract, and many approve the provisions based on specific language of state insurance statutes.
This Article presents a brief history of these provisions, then surveys various judicial decisions attempting to put the different rulings in context with one another. Concluding, the authors suggest decisions like the South Carolina Supreme Court’s decision in Sharmin’s case are correct because sound public policy and the reasonable expectations of an insured are not served by allowing the provisions to limit coverage.
Continue reading “The Enforceability of Step-Down Provisions in Automobile Insurance Policies”The Other Bar Hurdle: An Examination of the Character and Fitness Requirement for Bar Admission
To become a licensed attorney, law school graduates must pass the dreaded bar exam, a two or three-day, grueling exam that has been characterized as a brutal and hellish experience. Many attorneys describe the exam as “among the most painful experiences of their lives.” But, there is a lesser known yet equally as important hurdle that bar applicants also must overcome—the character and fitness inquiry. Applicants have the burden to show that they are morally fit to practice law. They must reveal a plethora of personal information, dating back years or even decades, depending on the age of the applicant. They must reveal arrests, convictions, speeding tickets, bankruptcies, court judgments, employment discharges, and much more. For some applicants, this may prove to be the most challenging part of the admission process.
Continue reading “The Other Bar Hurdle: An Examination of the Character and Fitness Requirement for Bar Admission”