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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
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
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
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
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
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
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
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
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
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
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
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
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
Cardozo Law Review
No abstract provided.
Veiling And Women's Intelligibility, John Borneman
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
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
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
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
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
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
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
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
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
Reactionary Constitutional Identity, Ruti G. Teitel
Cardozo Law Review
No abstract provided.
The Multicultural Self, M. M. Slaughter
Truth, Strangers, And Fiction: The Illegitimate Uses Of Legal Ficton In Immigration Law, Ibrahim J. Wani
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
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
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
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
Eyewitness Identification In War Crimes Trials, Debra H. Nesselson, Steven Lubet
Cardozo Law Review
No abstract provided.