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Posts tagged lawyering
US Asylum Lawyering and Temporal Violence

By Catherine L. Crooke

Research on the temporal dimensions of international migration focuses on how migrants experience time. This study instead turns attention to public interest lawyers, whose work plays a crucial role in ensuring favorable legal outcomes for immigrants, in order to consider time’s salience within the US asylum context. Based on twelve months of ethnographic fieldwork with Los Angeles-based public interest asylum attorneys, this article argues that lawyers confront both weaponized efficiency and weaponized inefficiency in the course of representing asylum seekers. Advocates must rush to keep pace, on the one hand, as various state actors accelerate asylum processes and, on the other, find ways to advance clients’ interests even as state agencies selectively slow procedures to a standstill. These findings affirm that temporal contradictions define the US asylum system. Further, they demonstrate that lawyers experience these contradictions not as natural phenomena but, rather, as temporal violence: in a range of contexts, government action mobilizes time— whether actively or passively—in the service of migration control.

Law & Social Inquiry , First View , pp. 1 - 28

Expanded Criminal Defense Lawyering

By Ronald Wright and Jenny Roberts

This review collects and critiques the academic literature on criminal defense lawyering, with an emphasis on empirical work. Research on criminal defense attorneys in the United States has traditionally emphasized scarcity of resources: too many people facing criminal charges who are “too poor to pay” for counsel and not enough funding to pay for the constitutionally mandated lawyers. Scholars have focused on the capacity of different delivery systems, such as public defender offices, to change the ultimate outcomes in criminal cases within their tight budgetary constraints. Over the decades, however, theoretical understandings of the defense attorney's work have expanded to include client interests outside the criminal courtroom, reaching the broader social conditions connected to the alleged criminal act. Researchers have responded by asking a broader range of questions about the effectiveness of defense counsel outside the courtroom and by using improved data to study the effectiveness of lawyers at discrete procedural stages.

Annual Review of Criminology. Vol. 6:241-264 (Volume publication date January 2023)