Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law,
2016
Fordham University School of Law
Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg
Fordham Urban Law Journal
No abstract provided.
Conference Report: Padilla And The Future Of The Defense Function,
2016
Indiana University Robert H. McKinney School of Law
Conference Report: Padilla And The Future Of The Defense Function, Joel M. Schumm
Fordham Urban Law Journal
No abstract provided.
You Are The Last Lawyer They Will Ever See Before Exile: Padilla V. Kentucky And One Indigent Defender Office's Account Of Creating A Systematic Approach To Providing Immigration Advice In Times Of Tight Budgets And High Caseloads, Carlos J. Martinez, George C. Palaidis, Sarah Wood Borak
Fordham Urban Law Journal
No abstract provided.
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective,
2016
Seton Hall University School of Law
A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin
Fordham Urban Law Journal
No abstract provided.
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations,
2016
Fordham Law School
Evolving Standards Of Reasonableness: The Aba Standards And The Right To Counsel In Plea Negotiations, Margaret Colgate Love
Fordham Urban Law Journal
The ABA Criminal Justice Standards have been recognized by the Supreme Court as one of the most important sources for determining lawyer competence in right to counsel cases. Because the constitutional test under the Sixth Amendment is whether defense counsel’s performance was “reasonable” under “prevailing professional norms,” the standard of competence is necessarily an evolving one. The Supreme Court's decision in Padilla v. Kentucky underscores the defense bar’s stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations. In addition, to the extent the courts give the ABA Standards credence in …
Padilla And Beyond: The Future Of The Defense Function,
2016
The Honorable Jonathan Lippman, former Chief Judge of New York and Chief Judge of the New York Court of Appeals, is Of Counsel in the New York office of Latham & Watkins LLP and a member of the firm’s Litigation & Trial Department
Padilla And Beyond: The Future Of The Defense Function, Hon. Jonathan Lippman
Fordham Urban Law Journal
No abstract provided.
The Lawyer's Obligation To Correct Social Injustice!,
2016
Fordham Law School
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
Fordham Urban Law Journal
No abstract provided.
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky,
2016
University of Pennsylvania Law School
A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink
Fordham Urban Law Journal
No abstract provided.
Rsfreport,
2016
University of California, Irvine School of Law
La Unified Sd Motion Regarding Safe Zones,
2016
University of California, Irvine School of Law
La Unified Sd Motion Regarding Safe Zones
Subfederal Government Responses
No abstract provided.
When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach To Legislative History,
2016
Cornell University
When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach To Legislative History, Kati Griffith
Kati Griffith
What happens when a person is simultaneously viewed as an unauthorized immigrant without rights according to a federal regime and as an employee with rights according to a subfederal regime? In the wake of widespread and inconsistent adjudication of this issue, this Article sheds new light on this pressing question. To date, pertinent court battles and scholarship have led to a virtual stalemate and often focus exclusively on normative policy arguments. By contrast, this Article employs an empirically-grounded review of fifteen years of legislative history to analyze this paradox. This review illustrates that the denial of workplace protections to unauthorized …
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism,
2016
University of Miami Law School
Immigration Enforcement And State Post-Conviction Adjudications: Towards Nuanced Preemption And True Dialogical Federalism, Daniel Kanstroom
University of Miami Law Review
The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether (and, if so, how) state courts adjudicating rights should account for legitimate federal immigration law goals, such as uniformity and finality? Second, how should federal courts deploy preemption and federalism principles when faced with challenges by federal authorities to such state court actions? This article offers a framework of “dialogical federalism,” seeking to normalize certain tensions under a rubric of dialogue, rather than formal hierarchy …
Immigration, Criminalization, And Disobedience,
2016
University of Miami Law School
Immigration, Criminalization, And Disobedience, Allegra M. Mcleod
University of Miami Law Review
This Article explores two contending visions of immigration justice: one focused on expanding procedural rights for immigrants, and a second associated with a movement of immigrant youth who have come out as “undocumented and unafraid,” issuing a fundamental challenge to immigration restrictionism. As immigration enforcement in the United States increasingly relies on criminal prosecution and detention, advocates for reform have increasingly turned to constitutional criminal procedure, seeking greater procedural protections for immigrants. But this Article argues that this focus on enhanced procedural protections is woefully incomplete as a vision of immigration justice. Although a right to counsel, for example, may …
Advocates Fight The Clock To Convert Green Card Holders Into Voters,
2016
Community Newspaper Holdings, Inc.
Advocates Fight The Clock To Convert Green Card Holders Into Voters, John Austin
Angela D. Morrison
No abstract provided.
The Executive Power Of Process In Immigration Law,
2016
Widener University Commonwealth Law School
The Executive Power Of Process In Immigration Law, Jill E. Family
Chicago-Kent Law Review
This article, part of an AALS symposium on executive power during the Obama administration, focuses on the role of procedure in the president’s implementation of immigration law. The president undeniably has power over immigration law, but the exact contours of that power are not clear. At times, the president acts via delegation from Congress. The president also may have inherent power over immigration law that is not dependent on a delegation. Such inherent power would be subject to the president’s discretion. Even when acting pursuant to delegated immigration power, the president operates within a wide ring of discretion granted by …
Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities,
2016
University of Colorado Law School
Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen
Chicago-Kent Law Review
The conventional wisdom, backed by legitimacy research, is that majority of people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local participation in immigration law enforcement. In the five years following initiation of the Secure Communities program, through which the federal government requests that local law enforcement agencies hold immigrants beyond their scheduled release upon suspicion that they are removable, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests—ultimately leading to the demise of the Secure …
Obama's National Security Exceptionalism,
2016
Western New England University School of Law
Obama's National Security Exceptionalism, Sudha Setty
Chicago-Kent Law Review
The label of national security exceptionalism fits the Obama administration in two ways: first, although the administration has actively sought to address and improve the protection of human rights and civil rights of racial minorities suffering disparate negative treatment in a variety of contexts, those moves toward rights protection generally do not extend to the realm of counterterrorism abuses, although almost all of those who have suffered from violations of human and civil rights in the post-9/11 counterterrorism context are racial and/or religious minorities. One of the justifications for this exceptionalism is based on the widespread view that national security …
Presidential Legitimacy Through The Anti-Discrimination Lens,
2016
University of North Carolina School of Law
Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim
Chicago-Kent Law Review
The Obama administration’s deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Immigration, though, is not the only context in which the president has exercised policymaking authority. This essay examines parallel instances of executive lawmaking in the anti-discrimination area. Presidential policies relating to workplace discrimination, environmental justice, and affirmative action share some of the key features troubling critics of deferred action yet have been spared from serious constitutional challenge. These examples underscore the unique challenges to assessing the validity of actions targeting traditionally disenfranchised groups—be they noncitizens, …
Trending @ Rwu Law: Deborah Gonzalez's Post: Bringing Good Fortune (And New Champions) Into The New Year!: 01-22-2016,
2016
Roger Williams University School of Law
Trending @ Rwu Law: Deborah Gonzalez's Post: Bringing Good Fortune (And New Champions) Into The New Year!: 01-22-2016, Deborah Gonzalez
Law School Blogs
No abstract provided.
Undocumented Workers: Crossing The Borders Of Immigration And Workplace Law,
2016
Cornell University
Undocumented Workers: Crossing The Borders Of Immigration And Workplace Law, Kati Griffith
Kati Griffith
[Excerpt] This Article endeavors to comprehensively outline the emerging field of immployment law. As this Article specifies below, this field broadly includes empirical, legislative, administrative, judicial, and other analytical inquiries and trends involving workers who bridge the divide between immigration law and workplace law. This Article also proposes directions for future research in this area. Namely, it raises a broad array of compelling questions that merit intensive scholarly, judicial, and policy analysis moving forward. As this Article will show, a hybrid analytical lens reveals otherwise obscured areas of inquiry. It thereby encourages scholars, policymakers, enforcement agency officials, and courts to …
