Emily Ryo and Ian Peacock. “Represented but Unequal: The Contingent Effect of Legal Representation in Removal Proceedings.” Law & Society Review, vol. 55, no. 4 (2021): 634-656.
This study investigates how the effectiveness of legal representation in immigration removal proceedings in the United States varies based on judicial and political context. Analyzing data from over 1.9 million cases (1998–2020), the research shows that lawyers significantly improve outcomes for noncitizens, but this “representation effect” depends heavily on who the judge is (e.g., gender, experience), the political environment (e.g., Democratic vs. Republican administrations), and broader court conditions. These findings raise concerns about the fragility of access to justice and underscore that even high-quality legal advocacy may fall short when systemic or ideological pressures affect judicial impartiality. In backsliding democracies, this highlights how the power of lawyers is contingent, not absolute, and subject to broader institutional dynamics.