LEGAL ARTICLES

The Hake Hardship Scale: A Quantitative System for Assessment of Hardship in Immigration Cases Based on a Statistical Analysis of AAO Decisions, with David L. Banks, Professor of Statistics, Duke University, 10 Bender's Immigration Bulletin 403-420 (March 1, 2005). This fourth and last version was published with a new addendum. Here is an excerpt of the heart of the article.

The Hake Hardship Scale: A Quantitative System for Assessment of Hardship in Immigration Cases Based on a Statistical Analysis of AAO Decisions, with David L. Banks, Professor of Statistics, Duke University, in 2004-05 Immigration & Naturalization Law Handbook, Vol. 1, 490-507. Also republished at: (2) AILA's Immigration Options for Physicians 49-66 (Margaret A. Catillaz, ed.) (AILA 2d. ed. 2004) and (3) J Visa Guidebook, Vol. 2, App. I-13 (LexisNexis G. Siskind, W. Stock, and S. Yale-Loehr, eds. 2005 ed.).

Dual Representation in Immigration Practice, in AILA's Ethics in a Brave New World: Professional Responsibility, Personal Accountability, and Risk Management for Immigration Practitioners 28-35 (John L. Pinnix, ed.) (AILA 2004). This volume was distributed at no charge to all of AILA's more than 8,000 members. This article of mine was the definitive piece on dual representation.

BIA Disbars Lawyer in First Case under New Legal Ethics Rules, 8 Bender's Immigration Bulletin 1888 (December 15, 2003).

Chapter on J-1 Visas in Martin J. Lawler, Professionals: A Matter of Degree (AILA 4th ed. 2003).

Little Drops of Water, Little Grains of Sand, with Randy Auerbach, in AILA's Guide to Technology and Legal Research for the Immigration Lawyer (Halima Aziza Jenkins, ed.) (AILA 3rd ed. 2003).

We Represent People, Not Files!--Reflections on the Valinoti Case, 8 Bender's Immigration Bulletin 859 (May 15, 2003).

O-1 Petitions in a Time of Stress, with Joseph J. Kranyak, 8 Bender's Immigration Bulletin 780 (May 1, 2003).

The Hake Hardship Scale For J-1 Waivers, Siskind's Health Care Newsletter (www.visalaw.com) (January 1, 2003).

Special Alerts On Post-September 11 Dangers, with Joseph J. Kranyak, Immigration Daily (www.ilw.com) (November 20, 2002).

Special Alerts On Post-September 11 Dangers, with Joseph J. Kranyak, Siskind's Immigration Bulletin (September 12, 2002).

The Shoe-Bomber Tosses The Dictionary At 'Em, 7 Bender's Immigration Bulletin 900 (July 15, 2002).

The Hake Hardship Scale (Beta Version), American Immigration Lawyers Association (AILA), 2002-03 Immigration and Nationality Law Handbook, Vol. 1, 237-251 (2002). This is an ambitious attempt to devise a tool for the quantitative assessment of hardship in immigration cases, based upon empirical analysis of my last 50 approved hardship waiver cases.

Hardship Standards, 7 Bender's Immigration Bulletin 59-80 (Jan. 15, 2002). This is an authoritative statement of the law regarding hardship in immigration cases.

Hardship is Hardship: The Equivalency of Hardship Standards in U.S. Immigration Law, AILA, 2001-2002 Immigration and Nationality Law Handbook, Vol. 2, 384-393 (2001).

A Great Wind: The New INS/EOIR Attorney Discipline Regime, 5 Bender's Immigration Bulletin 885-904 (Nov. 1, 2000).

Little Drops of Water, Little Grains of Sand: Why Smart Lawyers Live on Email, AILA, 2000-2001 Immigration and Nationality Law Handbook, Vol. 2, 514-525 (2000).

The Refugee Act and the Rule of Law: A Legislative Proposal, Bender's Immigration Bulletin 983-999 (Oct. 15, 1999).

Some Professional Responsibility Issues in Law Firm Management, AILA, Ethics and Your Immigration Practice: Have You Considered (A. Caprara, R. Engineer & B. Marcouiller eds.) (1998).

Bruce & Judy Hake, The Scriptural Foundations of an Open Immigration Policy, published on Advocacy Page of Immigration Lawyers on the Web (ILW.COM) (1998).

Dual Representation in Immigration Practice, Bender's Immigration Bulletin 568-577 (July 15, 1997).

G-28s and the Client-Lawyer Relationship, 72 Interpreter Releases 757-771 (June 5, 1995).

Loyalty to a Former Client, 13 Immigration Law Report 205-210 (Sept. 15, 1994).

Hardship Waivers For J-1 Physicians, 94-2 Immigration Briefings (Feb. 1994). This 71-page article contains extensive practical guidelines, reference notes and appendixes. It is the definitive guide to this topic.

Counterpoint: State Bar Admission is Not Required to Practice Immigration Law In a State, 12 AILA Monthly Mailing 685 (Sept. 1993).

Coauthor, Paparelli, Haight & Hake, Avoiding Or Accepting Risks In H-1B/LCA Practice: Part II, 92-12 Immigration Briefings (Dec. 1992).

Coauthor, Bates & Hake, A Tale Of Two Cites: Due Process And The Plenary Power Doctrine, 90-4 Immigration Briefings (Apr. 1992).

Dual Representation In Immigration Practice: The Simple Solution Is The Wrong Solution, 5 Georgetown Immigration Law Journal 582 (Fall 1991). This is the definitive article on an ethics topic of central importance to the immigration bar.

The Power of Clear Statement: A Tribute to Maury Roberts, 5 Georgetown Immigration Law Journal 215 (Spring 1991).

Attorney Misconduct A Rebuttal, 4 Georgetown Immigration Law Journal 727 (Fall 1990). A defense of the immigration bar against misconduct charges.

Coauthor, Smith & Hake, Evidence Issues In Asylum Cases, 90-10 Immigration Briefings (Oct. 1990).

Coauthor and editor, Frisch, Gee, Grauer, Hake, Patrick, Ripley, Rosen & Whelan, Ethical Issues In Immigration Practice: A Roundtable Discussion, 90-8 Immigration Briefings (Aug. 1990). Wrote lead section on the duty of loyalty, Justice Department ethical supervision of immigration practice, and ethical issues in immigration practice.

Citing Immigration Law: A Uniform Citation Guide For Immigration And Nationality Law (1990) (in consultation with R. Patrick Murphy and Amy R. Novick). Published by AILA. Adopted as the style guide for Immigration Briefings, Interpreter Releases, AILA Monthly Mailing, Immigration Journal, and AILA conference materials.

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PROFESSIONAL PAPERS

Materials on Conflicts of Interest and Sample Addendum to Retainer Agreement. May 11, 2001 Panel on Legal Ethics, AILA Washington, D.C. Chapter Spring Conference, Washington, D.C.

Questions and Answers on Real Ethical Dilemmas in Immigration Practice. April 28, 2000 Panel on Legal Ethics and the Immigration Practitioner, AILA Washington, D.C. Chapter Spring Conference, Washington, D.C.

Talking Points. February 27, 1998, panel on ethical dilemmas in immigration practice, AILA Colorado Chapter, Denver, Colorado.

Virtual Virtue (Establishing Good Moral Character In Immigration And Naturalization Proceedings), by Robert Hopper, edited by Bruce A. Hake, AILA, 1995-96 Immigration Law Handbook (annual conference proceedings 1995).

J-1 Hardship Waivers: In Brief, by Roberta Freedman and Bruce A. Hake (1995) (prepared for AILA conference, not published).

Quo Warranto: Another Way to Fight the Unauthorized Practice of Law, AILA, 1993-94 Immigration and Nationality Law Handbook 48 (annual conference proceedings 1993).

Dual Representation And The H-1B Labor Condition Application: Making The Best Of A Bad Situation. November 1992 AILA conference on business immigration in Austin, Texas.

Due Process Rights Of Aliens: Some Notes On Advocacy In The Shadow Of The Rehnquist Court. December 1991 conference of the AILA Texas Chapter in Ixtapa, Mexico.

Ethical Regulation Of The Immigration Bar. November 1991 conference of the Georgia Bar in Atlanta, Georgia.

Dual Representation in Immigration Practice: The Simple Solution is the Wrong Solution, 2 AILA, Immigration and Nationality Law Handbook 6 (annual conference proceedings 1991).

The Refugee Act And The Rule Of Law: A Legislative Proposal (1990) (presented to National Lawyers Guild meeting, Washington, D.C., Sept. 13, 1990).

It's Not What You Say: Identifying The Client In Labor Certification Cases, in AILA, Manual on Labor Certification: Practice & Procedure 1 (Business Immigration Conference proceedings 1990).

The Duty Of Loyalty: Comments On Ethics Hypotheticals--Washington, D.C. Rules, 2 AILA, Immigration and Nationality Law 11 (annual conference proceedings 1990).

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SPEAKING ENGAGEMENTS (papers listed above)

Speaker, June 2005, panel on J-1 Waivers, AILA Annual Conference, Salt Lake City, Utah (invited but had to decline this year).

Speaker, June 10, 2004, panel on J-1 Waivers, AILA Annual Conference, Philadelphia, Pennsylvania.

Speaker, March 25, 2003, Global Montgomery television program, with Donald Mooers (moderator) and Alexander Aleinikoff, former INS General Counsel (aired several times in April 2003 on Cable Montgomery, Channel 6).

Speaker, June 13, 2002, panel on J-1 Waivers (presenting for the first time the Hake Hardship Scale), AILA Annual Conference, San Francisco, California.

Speaker, June 22, 2001, panel on Hardship Under the Immigration Laws, AILA Annual Conference, Boston, Massachusetts.

Speaker, May 11, 2001, panel on Legal Ethics, AILA Washington, D.C. Chapter Spring Conference, Washington, D.C.

Speaker, June 16, 2000, panel on Using the Internet in Immigration Practice, AILA Annual Conference, Chicago, Illinois (invited, unable to attend due to air traffic problems).

Speaker, April 28, 2000, panel on Legal Ethics and the Immigration Practitioner, AILA Washington, D.C. Chapter Spring Conference, Washington, D.C.

Speaker, June 19, 1998, panel on technology and immigration law practice, AILA Annual Conference, Houston, Texas.

Speaker, November 6, 1998, panel on Ethics and Your Immigration Practice, AILA Ethics Conference, New York, New York.

Speaker, April 6, 1998, discussion of Scriptural Foundations of an Open Immigration Policy, Interfaith Immigration Network, Washington, D.C.

Speaker, February 27, 1998, panel on ethical dilemmas in immigration practice, AILA Colorado Chapter, Denver, Colorado.

Speaker, February 2, 1998, radio interview on immigrants's rights, The Kathy Jordan Show, Birmingham, Alabama.

Speaker, November 3, 1997, teleconference on Using the Internet in Your Law Practice, Young Lawyers Division of AILA.

Speaker, June 18, 1994, legal ethics panel, AILA Annual Conference, San Francisco, California.

Speaker, June 8, 1994, legal ethics panel, P.L.I. conference for paralegals on Basic Immigration Procedures, New York, New York.

Speaker, October 1993, legal ethics panel, annual conference of the American Corporate Counsel Association, New York, New York.

Speaker, June 1993, legal ethics panel, AILA Annual Conference, Toronto, Canada.

Speaker, Nov. 13, 1992, panel on Ethical Considerations in Handling LCAs, H-1Bs, Labor Certifications and I-140s, AILA Fall Conference, Austin, Texas.

Speaker, June 1992, legal ethics panel, conference of the United States Catholic Conference, Washington, D.C.

Speaker, June 1992, legal ethics panel, AILA Annual Conference, New Orleans, Louisiana.

Speaker and consultant at the request of Virginia's Bar Counsel, special meeting of the Virginia Supreme Court Unauthorized Practice of Law Committee, May 1992, Executive Office for Immigration Review, Falls Church, Virginia. Following this and related meetings, a new rule on immigration-related UPL, proposed and drafted by me, was adopted in 1993 by the Virginia Supreme Court as UPR 9-103.

Speaker, January 1992, legal ethics panel, business immigration conference of AILA, Puerto Vallarta, Mexico.

Speaker on constitutional rights of aliens, December 1991, winter conference of the AILA Texas Chapter of AILA in Ixtapa, Mexico.

Speaker, November 1991, legal ethics panel, conference of the Georgia Bar, Atlanta, Georgia.

Speaker, January 17, 1991, panel on the Immigration Act of 1990, AILA Washington, D.C. Chapter monthly meeting.

Speaker, June 7, 1991, panel on Ethical Problems of Multiple Representation, AILA Annual Conference, Chicago, Illinois.

Speaker, September 13, 1990, presenting a proposal to revise the Refugee Act of 1980, Washington, D.C. Chapter, National Lawyers Guild, Asylum Project, monthly meeting.

Speaker, June 8, 1990, panel on Ethics: Using Hypotheticals From Different State Views, AILA Annual Conference, Seattle, Washington.

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EDITORIAL WORK

Immigration Briefings

Substantial contributions (including extensive original research and writing) to 57 monthly issues from May 1988 to January 1993 on a wide range of topics.

Interpreter Releases

Substantial contributions from May 1988 to January 1996.

Honorary

Associate editor, AILA, Manual on Labor Certification: Practice & Procedure (1990).

Member, Editorial Board, Bender's Immigration Bulletin, since November 2002.

Editor of J-1 Chapter, Kurzban's Immigration Law Sourcebook (AILA 9th ed. 2004).

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MISCELLANEOUS

Author of several sets of comments and suggested regulatory changes regarding legal ethics, labor certification procedure, and other areas of immigration law.

Active in AILA's Technology Task Force. With my partners, designed and built original AILA Web site and also invented, designed, built and operated from 1995-2000 the Web site Immigration Lawyers on the Web (ILW.COM).

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