Volume 49, Issue 3
June 2023
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Kenneh v. Homeward Bound, Inc: Potential Impacts of the Minnesota Supreme Court’s Not-So-Severe “Severe or Pervasive” Standard to Race Harassment Claims Under the Minnesota Human Rights Act
In Kenneh v. Homeward Bound, Inc., the Minnesota Supreme Court addressed a long-disputed issue in employment law: whether and how the federal case-created “severe or pervasive” standard applies to claims of hostile environment sexual harassment under the Minnesota Human Rights Act (MHRA). While the Court in Kenneh declined to abandon the federal severe or pervasive…
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The Capitalization of “Tribal Nations” and the Decolonization of Citation, Nomenclature, and Terminology in the United States
As the Native peoples of the Western Hemisphere, we are in the process of sharing our knowledge, worldviews, legal traditions, culture, and language from our own perspectives. This is an ongoing process, and this Article should be considered as a statement in time that invites updates as necessary. For hundreds of years, Native peoples on…
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Engaging in Equity-Centered Policymaking: State-Level Racial Equity Impact Assessment Trends, Lessons Learned, and Future Directions
A racial equity impact assessment (REIA) is a detailed examination and analysis of how a proposed policy, action, or decision will impact different racial and ethnic groups. REIAs are used in a variety of contexts including organizational decision-making, the allocation of grant funding, and policymaking at all levels of government. For the purposes of this…
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The Surprising Harms Hidden Within the No Surprises Act
The United States spends nearly $4.3 trillion dollars a year on health care, the highest sum of any developed country. In 2021, this averaged about $12,900 per person, which is nearly double the average per capita spending of comparable nations. Interestingly, these inflated costs are not indicative of higher health system utilization and do not…
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Facilitating Race-Conscious Targeted Purchasing Programs in the Shadow of the Trump Judiciary
I live next to an economic thoroughfare that stretches between the State Capitol Building and the University of Minnesota. University Avenue’s steady march of pavement keeps time with melodramatic long shadows beneath the arc of the sun like it is in a Western movie or a disciplined prayer of hope to the East. Small buildings…
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Major Questions Impede Major Progress–Rebuking the Major Questions Doctrine & West Virginia v. EPA in Minnesota
This Note addresses the June 2022 decision of the United States Supreme Court in West Virginia v. EPA, its official invocation of the “major questions” doctrine, and ultimately argues against its adoption within the state of Minnesota. In West Virginia, the Court held that the way the Environmental Protection Agency (EPA) interpreted a portion of…
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Damages for Tortious Harm to Pets: Minnesota’s Market Value Approach Severely Undercompensates Plaintiffs
Since the start of the COVID-19 pandemic, the world has experienced immense loss: loss of normalcy, loss of human interaction, and loss of good health to name a few. For an estimated twenty-three million American households, however, it was also a time of something gained. Many families celebrated a new, four-legged family member—a pandemic pet.…