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Full-Text Articles in Law
Gerry Bradley Was Quoted In The Wall Street Journal Law Blog The Gay Marriage Case: How The Supreme Court Could Rule, Gerard V. Bradley
Gerry Bradley Was Quoted In The Wall Street Journal Law Blog The Gay Marriage Case: How The Supreme Court Could Rule, Gerard V. Bradley
NDLS in the News
Gerry Bradley was quoted in the Wall Street Journal Law Blog The Gay Marriage Case: How the Supreme Court Could Rule on June 23, 2015.
Chaidez V. United States - You Can't Go Home Again, Aram A. Gavoor, Justin M. Orlosky
Chaidez V. United States - You Can't Go Home Again, Aram A. Gavoor, Justin M. Orlosky
Notre Dame Journal of Law, Ethics & Public Policy
This article examines a 2013 Supreme Court decision, Chaidez v. United States, in which the Court declined to apply retroactively another recent decision, Padilla v. Kentucky. To many observers, Chaidez appears to be a discrete departure from previous Sixth Amendment right to counsel jurisprudence. On a personal level, noncitizens who pled guilty to a crime without being apprised of the plea’s removal risks are now unable to seek redress under Padilla and return to their homes in the United States. This article examines relevant Sixth Amendment and retroactivity jurisprudence and proposes an explanation for the Court’s apparent aboutface.