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Articles 1 - 17 of 17
Full-Text Articles in Civil Procedure
The Story Of A Class: Uses Of Narrative In Public Interest Class Actions Before Certification, Anne E. Ralph
The Story Of A Class: Uses Of Narrative In Public Interest Class Actions Before Certification, Anne E. Ralph
Washington Law Review
When litigants in public interest class actions tell their stories, the narratives can advance the law and influence public debate. But before class members’ stories can vindicate civil rights on the merits, plaintiffs must overcome the hurdle of class certification.
For decades, obtaining class certification under Federal Rule of Civil Procedure 23 was not a significant challenge for plaintiffs seeking to litigate as a class. But recent restrictive procedural developments—including heightened standards for class certification—threaten the powerful stories that can be told through public interest class actions.
Missing in the critical analysis of class action jurisprudence is any discussion of …
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
Dickinson Law Review (2017-Present)
This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …
The Fifth Circuit In Texas V. United States Chose And Advocated The Term “Illegal Alien”, Maritza I. Reyes
The Fifth Circuit In Texas V. United States Chose And Advocated The Term “Illegal Alien”, Maritza I. Reyes
Journal Publications
No abstract provided.
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family
Easing The Guidance Document Dilemma Agency By Agency: Immigration Law And Not Really Binding Rules, Jill Family
Jill E. Family
Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family
Opinion Analysis: Deferring To (Even More) Limited Relief From Removal, Jill Family
Jill E. Family
Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family
Argument Recap: Imputing Eligibility For Relief From Removal, Jill Family
Jill E. Family
Argument Preview: Calculating Relief From Removal, Jill Family
Argument Preview: Calculating Relief From Removal, Jill Family
Jill E. Family
Administrative Law Through The Lens Of Immigration Law, Jill Family
Administrative Law Through The Lens Of Immigration Law, Jill Family
Jill E. Family
"Passed Beyond Our Aid:" U.S. Deportation, Integrity, And The Rule Of Law, Daniel Kanstroom
"Passed Beyond Our Aid:" U.S. Deportation, Integrity, And The Rule Of Law, Daniel Kanstroom
Daniel Kanstroom
The United States is still in the midst of a massive deportation experiment that is exceptionally sweeping and harsh by virtually any historical or comparative measure. In the last twenty-five years, the number of non-citizen deportations has exceeded 25 million. It is therefore important to think critically about how deportation is really working, especially as to many hundreds of thousands of green-card holders. These individuals have grown up, been fully acculturated, attended school, and raised families in the United States. Upon deportation, they are separated from their families and sent to places where they frequently have few acquaintances, do not …
The Right To Deportation Counsel In Padilla V. Kentucky: The Challenging Construction Of The Fifth-And-A-Half Amendment, Daniel Kanstroom
The Right To Deportation Counsel In Padilla V. Kentucky: The Challenging Construction Of The Fifth-And-A-Half Amendment, Daniel Kanstroom
Daniel Kanstroom
The U.S. Supreme Court’s pathbreaking decision in Padilla v. Kentucky seems reasonably simple and exact: Sixth Amendment norms were applied to noncitizen Jose Padilla’s claim that his criminal defense counsel was ineffective due to allegedly incorrect advice concerning the risk of deportation. This was a very significant move with virtues of both logic and justice. It will likely prevent many avoidable and wrongful deportations. It may also help some deportees who have been wrongly or unjustly deported in the past. However, the apparent exactness of the case, as a Sixth Amendment decision, raises fundamental constitutional questions. For more than a …
Padilla V. Kentucky And The Evolving Right To Deportation Counsel: Watershed Or Work-In-Progress?, Daniel Kanstroom
Padilla V. Kentucky And The Evolving Right To Deportation Counsel: Watershed Or Work-In-Progress?, Daniel Kanstroom
Daniel Kanstroom
Though widely heralded by immigration and human rights lawyers as a “landmark,” possible “watershed,” and even “Gideon decision” for immigrants, Padilla v. Kentucky is perhaps better understood as a Rorschach test, than as a clear constitutional precedent. It is surely a very interesting and important U.S. Supreme Court case in the (rapidly converging) fields of immigration and criminal law in which the Court struggles with the functional relationship between ostensibly “civil” deportation proceedings and criminal convictions. This is a gratifying development, for reasons not only of justice, fairness, proportionality, and basic human decency, but also (perhaps) of doctrinal consistency. The …
Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family
Beyond Decisional Independence: Uncovering Contributors To The Immigration Adjudication Crisis, Jill Family
Jill E. Family
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family
Jill E. Family
A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family
A Broader View Of The U.S. Immigration Adjudication Problem, Jill Family
Jill E. Family
Becoming An Immigration Lawyer, Jill Family
Becoming An Immigration Lawyer, Jill Family
Jill E. Family
A Broader View Of The Immigration Adjudication Problem, Jill Family
A Broader View Of The Immigration Adjudication Problem, Jill Family
Jill E. Family
City Of New Orleans V. Dukes, Lewis F. Powell Jr.
City Of New Orleans V. Dukes, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.