|Present||Director of Human Rights Program, Boston College Law School|
|Present||Professor of Law, Boston College Law School|
|Present||Thomas F. Carney Distinguished Scholar, Boston College Law School|
- Fall 2017: No courses taught
- Spring 2018: No courses taught
Director of Human Rights Program, Professor of Law & Thomas F. Carney Distinguished Scholar
Boston College Law School
885 Centre Street
Newton, MA 02459
The New Deportations Delirium (Editor) (2015)
Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with “green cards,” have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, ...
Constructing Illegality in America: Immigrant Experiences, Critiques, and Resistance (2013)
The topic of 'illegal' immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the ...
Aftermath: Deportation Law and the New American Diaspora (2012)
Since the passage of harsh new deportation laws in 1996, the United States has deported millions of noncitizens--many undocumented, but many others long-term legal residents with U.S. families--back to their countries of origin. The early ...
Immigration Enforcement and State Post-Conviction Adjudications: Towards Nuanced Preemption and True Dialogical Federalism University of Miami Law Review (2016)
The relationship between federal immigration enforcement and state criminal, post-conviction law exemplifies certain inevitable complexities of preemption and federalism. Because neither perfect uniformity nor complete preemption is possible, we must consider two questions: First, whether ...
Smart(er) Enforcement: Rethinking Removal Journal of Law & Politics (2015)
Substantial interior immigration enforcement will undoubtedly continue in the United States, whether or not the legislative and executive branches can craft a legalization program. Though some enforcement is undoubtedly necessary, the system’s continuity will also ...
The Forgotten Deported: A Declaration on the Rights of Expelled and Deported Persons New York University Journal of International Law and Politics (2015)
This article considers a “Declaration on the Rights of Expelled and Deported Persons.” Drafted by the authors with significant input from a wide array of scholars, activists, judges, and others, this Declaration, re-printed in Appendix ...
Predicting the Complex Future of Retroactivity in Massachusetts: Commonwealth v. Sylvain Boston Bar Journal (2014)
From the introduction: In Commonwealth v. Sylvain,466 Mass. 422 (2013), the SJC held that the requirements placed on criminal defense lawyers to properly advise defendants about certain immigration consequences enunciated in Padilla v. Kentucky, 559 ...
Padilla v. Kentucky and the Evolving Right to Deportation Counsel: Watershed or Work-in-Progress? New England Law Review (2011)
Though widely heralded by immigration and human rights lawyers as a “landmark,” possible “watershed,” and even “Gideon decision” for immigrants, Padilla v. Kentucky is perhaps better understood as a Rorschach test, than as a clear ...
The Right to Deportation Counsel in Padilla v. Kentucky: The Challenging Construction of the Fifth-and-a-Half Amendment UCLA Law Review (2011)
The U.S. Supreme Court’s pathbreaking decision in Padilla v. Kentucky seems reasonably simple and exact: Sixth Amendment norms were applied to noncitizen Jose Padilla’s claim that his criminal defense counsel was ineffective due to allegedly ...
"Passed Beyond Our Aid:" U.S. Deportation, Integrity, and the Rule of Law Fletcher Forum of World Affairs (2011)
The United States is still in the midst of a massive deportation experiment that is exceptionally sweeping and harsh by virtually any historical or comparative measure. In the last twenty-five years, the number of non-citizen ...
Introduction: Law, Torture, and the “Task of the Good Lawyer” – Mukasey Agonistes Boston College International and Comparative Law Review (2009)
Following September 11, 2001, there was a challenge to the role of law as a regulator of military action and executive power. Government lawyers produced legal interpretations designed to authorize, legitimize, and facilitate interrogation tactics ...
On “Waterboarding”: Legal Interpretation and the Continuing Struggle for Human Rights Boston College International and Comparative Law Review (2009)
While some aspects of the “waterboarding” debate are largely political, the practice also implicates deeply normative underpinnings of human rights and law. Attorney General Michael Mukasey has steadfastly declined to declare waterboarding illegal or to ...
Sharpening the Cutting Edge of International Human Rights Law: Unresolved Issues of War Crimes Tribunals Boston College International and Comparative Law Review (2007)
International criminal tribunals have emerged as the most tangible and well-known mechanism for seeking justice in the wake of atrocious human rights violations. As the enterprise has developed, the need to ask fundamental questions is ...
The Better Part of Valor: The REAL ID Act, Discretion, and the “Rule” of Immigration Law New York Law School Law Review (2007)
This article considers the problems raised by a federal law--the “REAL ID Act”--that seeks to preclude judicial review of discretionary immigration law decisions. Discretion, the flexible shock absorber of the administrative state, must be respected ...