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Articles 1 - 15 of 15

Full-Text Articles in Law

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz Apr 2016

Children Seek Refuge From Gang-Forced Recruitment: How Asylum Law Can Protect The Defenseless, Frank Paz

Fordham Urban Law Journal

No abstract provided.


Defending One-Parent Sijs, Rodrigo Bacus Apr 2016

Defending One-Parent Sijs, Rodrigo Bacus

Fordham Urban Law Journal

No abstract provided.


Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers Apr 2016

Relief For Guestworkers: Employer Perjury As A Qualifying Crime For U Visa Petitions, Lucy Benz-Rogers

Fordham Urban Law Journal

No abstract provided.


Time, Due Process, And Representation: An Empirical And Legal Analysis Of Continuances In Immigration Court, David Hausman, Jayashri Srikantiah Apr 2016

Time, Due Process, And Representation: An Empirical And Legal Analysis Of Continuances In Immigration Court, David Hausman, Jayashri Srikantiah

Fordham Law Review

Since 2014, U.S. immigration courts have expedited the cases of many children and families fleeing persecution in Mexico and Central America. This Article conducts an empirical and legal analysis of this policy, revealing that reasonable time between immigration court hearings is necessary to protect the statutory and constitutional rights to legal representation. A large majority of immigrants facing deportation- including those part of the recent surge of children and families from Central America and Mexico-appear at their first deportation hearing without a lawyer, often because they cannot afford one. When an immigrant appears without a lawyer and does not expressly …


Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman Feb 2016

Padilla V. Kentucky: Sound And Fury, Or Transformative Impact, Steven Zeidman

Fordham Urban Law Journal

No abstract provided.


Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez Feb 2016

Realizing Padilla’S Promise: Ensuring Noncitizen Defendants Are Advised Of The Immigration Consequences Of A Criminal Conviction, Yolanda Vàzquez

Fordham Urban Law Journal

No abstract provided.


Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg Feb 2016

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, Joel M. Schumm Feb 2016

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 Feb 2016

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, Hon. Dana Leigh Marks, Hon. Denise Noonan Slavin Feb 2016

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, Margaret Colgate Love Feb 2016

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, Hon. Jonathan Lippman Feb 2016

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!, James F. Gill Feb 2016

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, Malia Brink Feb 2016

A Gauntlet Thrown: The Transformative Potential Of Padilla V. Kentucky, Malia Brink

Fordham Urban Law Journal

No abstract provided.


Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau Jan 2016

Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau

Faculty Scholarship

In debates about executive branch authority and policy innovation, scholars have focused on two overarching relationships—horizontal tension between the president and Congress and the vertical interplay of federal and state authority. However, these debates have overlooked the role of frontline bureaucratic officials in advancing the laws they administer. This Article looks to immigration law—in which lower-level federal officers exercise discretion delegated down throughout federal agencies—to identify how bottom-up agency influences can inform categorical, across-the-board executive branch policy. In this Article, I argue that decisions by frontline officers can and should be better harnessed to pair local laboratories of executive experimentation …