Fordham Urban Law Journal

A bimonthly legal book published by the law school at Fordham University. Each issue focuses on a single topic, and publishes original research, critical pieces, and long-form essays related to that topic.

Articles from Vol. 39, No. 1, November

A Gauntlet Thrown: The Transformative Potential of Padilla V. Kentucky
Introduction I. The Meaning of Padilla v. Kentucky A. The Key Factors: Severity and Automatic Application B. Clarity and the Level of Advice Required II. The Transformative Power of Padilla III. Padilla and Hurdles to Full Implementation ...
A View through the Looking Glass: How Crimes Appear from the Immigration Court Perspective
Introduction I. Common Misconceptions II. Some Immigration Law Basics III. The Government Players IV. Those Subject to the Immigration Laws V. Removability and Inadmissibility VI. Silva-Trevino and Crimes of Moral Turpitude VII. What Is...
Collateral Consequences: How Reliable Data and Resources Can Change the Way Law Is Practiced
Introduction I. Overview of Collateral Consequences' Impact on Convicted A. Defining "Collateral Consequences" B. Operational Effect of Automatic and Discretionary Collateral Consequences C. Addressing the Problems II. American...
Conference Report: Padilla and the Future of the Defense Function
Introduction I. The Immediate Impact of Padilla II. Consequences Beyond Immigration and The Promise of and Problems With Checklists III. Resources and Partnerships IV. A New Type of Defense Lawyer?: The Challenges of Hiring, Training,...
Do I Need to Pin a Target to My Back? the Definition of "Particular Social Group" in U.S. Asylum Law
Introduction I. Asylum Law A. U.S. Asylum Law B. International Origins of U.S. Asylum Law C. Board of Immigration Appeals and Federal Circuit Court Cases 1. 1985: The Immutable Characteristics Test 2. 2000: The...
Evolving Standards of Reasonableness: The ABA Standards and the Right to Counsel in Plea Negotiations
ABSTRACT 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...
Padilla and Beyond: The Future of the Defense Function: Cardozo Law School - June 21, 2011
Introduction I. Impact of Padilla II. Caseload Caps III. Indigent Legal Defense Office IV. Wrongful Convictions Conclusion INTRODUCTION Good morning. I am honored to have the opportunity to address this conference of distinguished criminal...
Padilla and the Future of the Defense Function
On June 20-21, 2011, individuals with a wide array of backgrounds in the criminal justice system convened in New York City to discuss the future of the defense function. This convening was hosted by the National Association of Criminal Defense Lawyers,...
Padilla V. Kentucky: Sound and Fury, or Transformative Impact
The March 2010 decision by the Supreme Court in Padilla v. Kentucky, (1) holding that it was constitutionally deficient for a defense attorney to fail to warn his client of the near-certain deportation consequences of a guilty plea, was lauded by many...
Realizing Padilla's Promise: Ensuring Noncitizen Defendants Are Advised of the Immigration Consequences of a Criminal Conviction
Introduction I. How Padilla "Changed" the Sixth Amendment Duty Owed to Noncitizen Defendants A. Immigration Consequences and the Sixth Amendment Pre-Padilla B. The Padilla Decision C. Understanding the Importance of Padilla ...
The Lawyer's Obligation to Correct Social Injustice! June 20, 2011
Introduction I. Slavery and Racial Injustice II. Immigrants and Ethnic Injustice III. Labor Injustice IV. Women's Rights V. Helping the Poor VI. Caring for the Sick VII. Injustice in Our Prisons Conclusion INTRODUCTION On March 7, 2006,...
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
Introduction I. The Factual Background, by the Numbers A. Immigration Enforcement B. The Public Defender's Office C. Immigration Advice and PD-11 II. Building a Better System Without New Funding A. Information Gathering Component ...
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