Law Commons^™

Summer-Wyatt Symposium: "Navigating The Complexities Of Our Melting Pot: How Immigration Affects Legal Representation"

Tennessee Journal of Law and Policy

No abstract provided.

Precedent, Fairness, And Common Sense Dictate That Padilla V. Kentucky Should Apply Retroactively, William N. Conlow

Tennessee Journal of Law and Policy

In 2010, the Supreme Court decided the landmark case of Padilla v. Kentucky. The Padilla Court's holding was that failure of counsel to advise a non-citizen criminal defendant about the immigration consequences of a guilty plea constitutes ineffective assistance of counsel. This article addresses whether Padilla applies to convictions that occurred before Padilla was decided, in March 2010.

First, this article provides background on relevant immigration law, Padilla v. Kentucky, and the Supreme Court's retroactivity case law. Then, this article considers how lower courts have addressed the issue of retroactivity in the approximately twenty-seven months after the Padilla decision. This …

The Power To Regulate: State Vs. Federal Authority In Immigration Law, Mallory E. Young

Chancellor’s Honors Program Projects

No abstract provided.