Address

Commencement address given by Walter Cronkite, CBS News Correspondent, to the Spring 1968 graduating class of The Ohio State University, Ohio Stadium, Columbus, Ohio, June 7, 1968

Alien Registration- Cronkite, Clarence (Glenburn, Penobscot County)

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Plead Guilty, You Could Face Deportation: Seventh Circuit Rules Misadvice and Nonadvice to Non-Citizens Has Same Effect Under the Sixth Amendment

The Sixth Amendment right to assistance of counsel has evolved since its inception. Originally, the right only meant that criminal defendants in federal cases were entitled to assistance of counsel of their choosing. The right was eventually applied to state criminal proceedings, and later interpreted to mean that criminal defendants had a right to effective assistance of counsel. This right is imperative in protecting a defendant\u27s fundamental right to a fair trial. In 1984, the Supreme Court laid out a two-part test to determine whether a defendant\u27s Sixth Amendment rights were violated by ineffective assistance of counsel. This test, known as the Strickland test, was used exclusively to analyze ineffective assistance of counsel claims until 2010. Under the Strickland test, a defendant must show: (1) ineffective counsel whose conduct fell below an objective standard of reasonableness and (2) that counsel\u27s deficient performance resulted in prejudice to the defense. Courts have limited criminal defendants\u27 right to effective assistance of counsel through use of the collateral consequences doctrine. This doctrine distinguishes between direct consequences of a criminal conviction, which include penal sanctions, and collateral consequences, which include civil sanctions. Direct consequences give rise to ineffective assistance of counsel claims because a defendant\u27s liberty is at stake. Collateral consequences are indirect consequences of a criminal conviction, and therefore do not give rise to ineffective assistance of counsel claims. Deportation has long been understood to be a collateral consequence. Based on this classification, until 2010, non-citizens were unable to bring ineffective assistance of counsel claims when their attorneys did not inform them that deportation was a risk of accepting a plea bargain. In 2010, the Supreme Court decided Padilla v. Kentucky. Padilla determined that under the Sixth Amendment, non-citizens have the right to be informed of deportation risks associated with accepting plea bargains. Non-citizens are entitled to know of this risk because deportation is such a severe consequence. The right to be informed of potential deportation is incorporated into the right to effective assistance of counsel under the Sixth Amendment and does not apply retroactively. Post-Padilla, the issue has arisen as to whether the rule only applies to situations when a lawyer completely fails to inform his client of the deportation risk, or if it also applies when a lawyer provides false advice or misadvice on the subject. In Chavarria v. United States, the Seventh Circuit determined that the Padilla rule applies both to an attorney\u27s misadvice and nonadvice. This Comment (1) discusses the history of deportation-related ineffective assistance of counsel claims; (2) discusses the Seventh Circuit\u27s decision in Chavarria; and (3) argues that Chavarria was correctly decided although the outcome is contrary to Padilla\u27s intent

Force-Placed Insurance: The Lending Industry\u27s Dirty Little Secret

Force-placed insurance, also called lender-placed insurance, is the insurance policy mortgage lenders obtain on behalf of borrowers when borrowers fail to maintain hazard insurance on their homes. Although the possibility of force-placed insurance is contemplated by mortgage contracts, the policies often provide little coverage and are much costlier than insurance policies acquired on the open market. Lenders obtain the policies at unfairly high prices and sometimes receive kickbacks from the force-placed insurance companies, while borrowers alone bear the burden of paying for them. As such, lenders have no incentive to obtain force-placed insurance at fair prices with adequate coverage. The dubious force-placed insurance practices garnered attention after the Great Recession when many borrowers lost their homes, sometimes as a result of exorbitant force-placed insurance policies. Congress sought to remedy some of the practices through the Dodd-Frank Wall Street Reform and Consumer Protection Act. This Note explores the issues with force-placed insurance practices and suggests additional regulations that should be implemented to further police the force-placed insurance industry

BARRIERS TO HOUSING FACED BY TRANSITIONAL AGE FOSTER YOUTH WHEN TRANSITIONING OUT OF CARE

This study examines current barriers to stable housing, as well as gaps within the social service system, that hinder transitional age foster youth from obtaining stable housing after exiting extended foster care. This study is relevant to the social work profession due to overrepresented number of youth in the foster system and a need for services to reduce their chance of homelessness once aging out. The barriers found in this study were identified by the researcher through the interviews with both professionals working with this population, as well as transitional age foster youth themselves. Maximum variation was achieved with the participants through a non -probability sampling technique commonly referred to as snowball sampling. This technique was used to target the perspectives of professionals working with transitional age foster youth as well as the population itself, in a large county in Southern California. Qualitative data analysis was obtained through guided interviews with four transitional age foster youth living in a transitional housing program and seven professionals who have experience working with this population. Content analysis was used to identify commonalities in the data that the researcher categorized into themes: systemic factors and transitional factors. The research provided comprehensive information that indicated serious barriers and gaps experience by transitional age foster youth, contributing to the inability for many in this population to obtain safe and stable housing after exiting care. The themes found in this research point to a clear need for improvement within the social service system (i.e., more resources, extended age requirements, proper social worker involvement and more collaboration between agencies) and during transition (i.e., education and employment assistance, increased need for motivation among this population, increased self-sufficiency/independence and more permanent connections and supports) in order for them to have a better chance of becoming independent and avoiding homelessness

Force-Placed Insurance: The Lending Industry\u27s Dirty Little Secret

Force-placed insurance, also called lender-placed insurance, is the insurance policy mortgage lenders obtain on behalf of borrowers when borrowers fail to maintain hazard insurance on their homes. Although the possibility of force-placed insurance is contemplated by mortgage contracts, the policies often provide little coverage and are much costlier than insurance policies acquired on the open market. Lenders obtain the policies at unfairly high prices and sometimes receive kickbacks from the force-placed insurance companies, while borrowers alone bear the burden of paying for them. As such, lenders have no incentive to obtain force-placed insurance at fair prices with adequate coverage. The dubious force-placed insurance practices garnered attention after the Great Recession when many borrowers lost their homes, sometimes as a result of exorbitant force-placed insurance policies. Congress sought to remedy some of the practices through the Dodd-Frank Wall Street Reform and Consumer Protection Act. This Note explores the issues with force-placed insurance practices and suggests additional regulations that should be implemented to further police the force-placed insurance industry