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Cardozo Law Review

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Articles 31 - 59 of 59

Full-Text Articles in Immigration Law

The Plea-Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade Jun 2013

The Plea-Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Cardozo Law Review

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen's low-level conviction will not reliably indicate guilt …


Prescribing Disproportionate Punishment: The Federal Sentencing Guidelines For Illegal Reentry, Zoey T. Jones Feb 2012

Prescribing Disproportionate Punishment: The Federal Sentencing Guidelines For Illegal Reentry, Zoey T. Jones

Cardozo Law Review

No abstract provided.


Revised Remarks To The Symposium On Innovative Approaches To Immigrant Representation At The Benjamin N. Cardozo School Of Law, John Paul Stevens Dec 2011

Revised Remarks To The Symposium On Innovative Approaches To Immigrant Representation At The Benjamin N. Cardozo School Of Law, John Paul Stevens

Cardozo Law Review

No abstract provided.


Representation Of The Immigrant Poor: Upstate New York, Denny Chin Dec 2011

Representation Of The Immigrant Poor: Upstate New York, Denny Chin

Cardozo Law Review

No abstract provided.


Petty Offenses, Drastic Consequences: Toward A Sixth Amendment Right To Counsel For Noncitizen Defendants Facing Deportation, Alice Clapman Dec 2011

Petty Offenses, Drastic Consequences: Toward A Sixth Amendment Right To Counsel For Noncitizen Defendants Facing Deportation, Alice Clapman

Cardozo Law Review

No abstract provided.


Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum Dec 2011

Constitutionalizing Immigration Law On Its Own Path, Anne R. Traum

Cardozo Law Review

Courts should insist on heightened procedural protections in immigration adjudication. They should do so under the Fifth Amendment's Due Process Clause rather than by importing Sixth Amendment protections from the criminal context. Traditional judicial oversight and the Due Process Clause provide a better basis than the Sixth Amendment to interpose heightened procedural protections in immigration proceedings, especially those involving removal for a serious criminal conviction. The Supreme Court's immigration jurisprudence in recent years lends support for this approach. The Court has guarded the availability of judicial review of immigration decisions. It has affirmed that courts are the arbiters of constitutional …


Foreword: The Study Group On Immigrant Representation Symposium Innovative Approaches To Immigrant Representation: Exploring New Partnerships, Robert A. Katzmann Dec 2011

Foreword: The Study Group On Immigrant Representation Symposium Innovative Approaches To Immigrant Representation: Exploring New Partnerships, Robert A. Katzmann

Cardozo Law Review

No abstract provided.


Accessing Justice: The Availability And Adequacy Of Counsel In Removal Proceedings (New York Immigrant Representation Study Report: Part 1), Peter L. Markowitz, Jojo Annobil, Stacy Caplow, Peter V.Z Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay Nash Dec 2011

Accessing Justice: The Availability And Adequacy Of Counsel In Removal Proceedings (New York Immigrant Representation Study Report: Part 1), Peter L. Markowitz, Jojo Annobil, Stacy Caplow, Peter V.Z Cobb, Nancy Morawetz, Oren Root, Claudia Slovinsky, Zhifen Cheng, Lindsay Nash

Cardozo Law Review

The article addresses the immigrant representation crisis in U.S. immigration courts, highlighting a severe shortage of competent legal representation for individuals in removal proceedings. This crisis is marked by both a lack of quantity and quality of representation, exacerbated by rising deportation rates, detention practices, and resource constraints faced by removal defense providers (RDPs). The study underscores the critical role of legal representation in achieving successful outcomes, with stark disparities in success rates between represented and unrepresented individuals. It advocates for systemic solutions, including expanded funding, improved coordination among providers, and policy reforms to ensure fair and competent representation for …


Considering The Scope Of Advisal Duties Under Padilla, Lindsay C. Nash Dec 2011

Considering The Scope Of Advisal Duties Under Padilla, Lindsay C. Nash

Cardozo Law Review

In Padilla v. Kentucky, the Supreme Court recognized the complexity and severity of immigration penalties triggered by criminal convictions and held that defense attorneys are obligated to advise clients of such consequences. In so doing, the Court explained that specific advice is required when a consequence is clear; at the same time, it acknowledged it is not always possible to ascertain the consequences of a criminal disposition and, when that is the case, counsel's duty is more limited. The Court did not, however, elaborate on the circumstances in which the duty might be limited or explain what advice defense …


Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan Jan 2011

Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan

Cardozo Law Review

Though unauthorized migration into the United States has diminished substantially since 2007, anti-"illegal alien" state and local laws and furor are flaring again. While one of the biggest worries regarding such "anti-alien" laws is the risk of racialized harm, courts invalidating overreaching statutes are relying on structural or procedural grounds, such as preemption and due process doctrines. This Article examines how these political and legal trends point to how proxies are used in a post-racial era to dance around race, in constructive, national unity-rebuilding as well as divisive, inflammatory ways. Anti-alien legislation is a proxy way to vent resurgent racialized …


The Economic Impact Of Local Immigration Regulation: An Empirical Analysis, Huyen Pham, Pham Hoang Van Nov 2010

The Economic Impact Of Local Immigration Regulation: An Empirical Analysis, Huyen Pham, Pham Hoang Van

Cardozo Law Review

A wave of local anti-immigration laws has swept the country, triggering contentious debate and raising significant legal and policy issues. One critical dimension that has been largely ignored, however, is the economic impact of these laws: Are jurisdictions with them better off economically than those without them?

In the first empirical study of this issue, we analyze the economic impact of local anti-immigration laws. The laws take different forms - some authorize local police to enforce federal immigration laws, some restrict benefits like housing and employment to those with legal immigration status, and some require all government transactions to be …


Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam Jun 2010

Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam

Cardozo Law Review

No abstract provided.


Unconstitutional And Unnecessary: A Cost/Benefit Analysis Of "Crimes Involving Moral Turpitude" In The Immigration And Nationality Act, Amy Wolper Apr 2010

Unconstitutional And Unnecessary: A Cost/Benefit Analysis Of "Crimes Involving Moral Turpitude" In The Immigration And Nationality Act, Amy Wolper

Cardozo Law Review

No abstract provided.


Veiling And Women's Intelligibility, John Borneman Jun 2009

Veiling And Women's Intelligibility, John Borneman

Cardozo Law Review

No abstract provided.


An Unwarranted Disparity: Granting Fast-Track Departures In Non-Fast-Track Districts, Evan W. Bolla Nov 2006

An Unwarranted Disparity: Granting Fast-Track Departures In Non-Fast-Track Districts, Evan W. Bolla

Cardozo Law Review

No abstract provided.


Toward A New Public Access Doctrine, Raleigh Hannah Levine Feb 2006

Toward A New Public Access Doctrine, Raleigh Hannah Levine

Cardozo Law Review

No abstract provided.


Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver Feb 2006

Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver

Cardozo Law Review

No abstract provided.


The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler Apr 2004

The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler

Cardozo Law Review

No abstract provided.


The Fifty-Fifth Annual Cardozo Memorial Lecture: The Law's Evolution: Long Night's Journey Into Day, Albert M. Rosenblatt May 2003

The Fifty-Fifth Annual Cardozo Memorial Lecture: The Law's Evolution: Long Night's Journey Into Day, Albert M. Rosenblatt

Cardozo Law Review

No abstract provided.


The Perceived Values Of Diversity, Then And Now, Peter H. Schuck Jul 2001

The Perceived Values Of Diversity, Then And Now, Peter H. Schuck

Cardozo Law Review

No abstract provided.


Redefining The Refugee: The Universal Declaration Of Human Rights As A Basis For Refugee Protection, Michael J. Parrish Nov 2000

Redefining The Refugee: The Universal Declaration Of Human Rights As A Basis For Refugee Protection, Michael J. Parrish

Cardozo Law Review

No abstract provided.


Protecting The Office Of Legal Counsel From Itself, Harold Hongju Koh Oct 1993

Protecting The Office Of Legal Counsel From Itself, Harold Hongju Koh

Cardozo Law Review

Pardon me if I act like a black sheep at this symposium of Office of Legal Counsel ("OLC") alumni. Like most OLC alumni, I share the genuine affection and respect for the Office and its traditions that this symposium reflects. But at the same time, I cannot fully accept the undertone of self-congratulation that pervades this panel's two principal papers. My discomfort grows from the inordinate amount of time that I have spent over the last few years disagreeing with OLC positions, particularly in three areas of United States foreign policy. The first concerns the "Iran-Contra" prosecution of Oliver North …


Reactionary Constitutional Identity, Ruti G. Teitel Jan 1993

Reactionary Constitutional Identity, Ruti G. Teitel

Cardozo Law Review

No abstract provided.


The Multicultural Self, M. M. Slaughter Jan 1993

The Multicultural Self, M. M. Slaughter

Cardozo Law Review

No abstract provided.


Truth, Strangers, And Fiction: The Illegitimate Uses Of Legal Ficton In Immigration Law, Ibrahim J. Wani Oct 1989

Truth, Strangers, And Fiction: The Illegitimate Uses Of Legal Ficton In Immigration Law, Ibrahim J. Wani

Cardozo Law Review

No abstract provided.


Determining Fees For Fees Under The Equal Access To Justice Act: Accomplishing The Act’S Goals, James B. Nobile Feb 1988

Determining Fees For Fees Under The Equal Access To Justice Act: Accomplishing The Act’S Goals, James B. Nobile

Cardozo Law Review

No abstract provided.


Immigration Reform: Solving The "Problem" Of The Illegal Alien In The American Workforce, Lucinda M. Cardinal Jan 1985

Immigration Reform: Solving The "Problem" Of The Illegal Alien In The American Workforce, Lucinda M. Cardinal

Cardozo Law Review

No abstract provided.


The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes Jan 1983

The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes

Cardozo Law Review

No abstract provided.


Eyewitness Identification In War Crimes Trials, Debra H. Nesselson, Steven Lubet Jan 1980

Eyewitness Identification In War Crimes Trials, Debra H. Nesselson, Steven Lubet

Cardozo Law Review

No abstract provided.