Volume 47, Special Joint Issue

November 2021

  • Article

    Prologue

    by
    Abby Oakland (Minnesota Law Review), Annaliisa Gifford (Mitchell Hamline Law Journal of Public Policy and Practice), Elizabeth Orrick (Mitchell Hamline Law Review), Jack Brooksbank (Minnesota Journal of Law, Science & Technology), Jack Buck (University of St. Thomas Journal of Law and Public Policy), Navin Ramalingam (Minnesota Journal of Law & Inequality)

    After the murder of George Floyd by former Minneapolis Police Department (MPD) Officer Derek Chauvin and three other MPD officers, the student-run legal academic journals at Minnesota’s three law schools, like various institutions across this nation, were forced to reckon with the stark racial inequality that had been present among us long before this nation…

  • Article

    Educational Adequacy Challenges: The Impact on Minnesota Charter Schools

    by
    Wendy Baudoin

    Years after the civil rights movement, educational challenges in public schools have continued to plague classrooms and fill courtrooms. During the 1970s, litigation examined the equitability of financing in public education systems. Equity challenges later progressed into challenging academics, resources, and opportunities. By 1989, the Kentucky Supreme Court found that the Kentucky public education system…

  • Article

    This is Minnesota: An Analysis of Disparities in Black Student Enrollment at the University of Minnesota Law School and the Effects of Systemic Barriers to Black Representation in the Law

    by
    Maleah Riley-Brown, Samia Osman, Justice C. Shannon, Yemaya Hanna, Brandie Burris, Tony Sanchez, Joshua Cottle

    Lawyers often occupy powerful positions in the highest levels of our government and economy. Whether drafting legislation, prosecuting, or defending crimes, representing indigent clients in housing court, or finalizing corporate mergers, attorneys influence and operate within one of the most critical professions in the United States. Lawyers can have a profound impact in designing and…

  • Article

    Reassessing the Judicial Empathy Debate: How Empathy Can Distort and Improve Criminal Sentencing

    by
    Warren Cormack

    The things that make a good Judge, or good Interpreter of the Laws, are, first, A right understanding of that principal Law of Nature called Equity; which depending not on the reading of other mens Writings, but on the goodness of a mans own natural Reason, and Meditation, is presumed to be in those most,…

  • Article

    George 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

    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 most serious charge brought against George Floyd’s killer, Derek Chauvin. Prosecutors can find novel ways to charge felony-murder for almost any unintended death, and they often use it…

  • Article

    Refunding the Community: What Defunding MPD Means and Why It Is Urgent and Realistic

    by
    JLI Vol. 39 Editorial Board

    “(The police) are a very real menace to every black cat alive in this country. And no matter how many people say, ‘You’re being paranoid when you talk about police brutality’—I know what I’m talking about. I survived those streets and those precinct basements and I know. And I’ll tell you this—I know what it…

  • Article

    Correction of Monumental Judicial Malpractice: The Case for Clearing Secessionist and Slaveholding Symbols of “Justice” from the Courthouse

    by
    Michael J. Pastrick Esq.

    In disconnecting the “political bands” that linked “the thirteen United States of America” to Great Britain, the founders of our nation said that “all men are created equal . . . [and] are endowed . . . with . . . unalienable Rights . . . [to] Life, Liberty and the pursuit of Happiness.” What…

  • Article

    The Seven (At Least) Lessons of The Myon Burrell Case

    by
    Leslie E. Redmond & Mark Osler

    For much of the world, 2020 was a troubling year, but few places saw as much uproar as Minnesota. The police killing of George Floyd set off protests in Minnesota and around the world, even as a pandemic and economic downturn hit minority communities with particular force. But, somehow, the year ended with an event…

  • Article

    The $2 Billion-Plus Price of Injustice: A Methodological Map for Police Reform in the George Floyd Era

    by
    David Schultz

    The death of George Floyd on May 25, 2020 under the knee of a Minneapolis police officer forced America again to confront the connection between racism and law enforcement. It also compelled the City of Minneapolis to act. Merely a few days later on June 7, 2020 a majority of Minneapolis City Council members called…

  • Article

    Entrenched Racial Hierarchy: Educational Inequality from the Cradle to the LSAT

    by
    Kevin Woodson

    For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America’s law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial impact of…