Who Is Actually Prejudiced Under Padilla?

By Jason Reigert, Albany Government Law Review Class of 2011

Anyone who watches Law and Order can tell you that in a criminal matter every American is entitled to the right to be represented by an attorney.  This right is better known as the “right to effective assistance of counsel” and it is guaranteed by both the federal and New York State constitutions.[i]  The right to effective counsel has been expanded over the years, and the case of Padilla v. Kentucky is a good example of such expansion.  In Padilla v. Kentucky, the Supreme Court expanded the notion of effective assistance of counsel to include an obligation by defense attorneys to inform their clients of possible deportation consequences.  As a result of this decision, a wave of defendants have recently sought to vacate their guilty pleas under a theory of ineffective assistance of counsel, due to being improperly informed of the potential deportation consequences.  While Padilla has caused an increase in ineffective assistance of counsel claims, Padilla has not had as much of an impact as some might expect.  Continue reading “Who Is Actually Prejudiced Under Padilla?”

The Obama Administration Rescinds Old Regulations Affecting Provider Conscience Laws

By Melissa Dizon, Albany Government Law Review Class of 2011

Introduction

On February 18, 2011 the United States Department of Health and Human Services announced its new rule regarding health care and conscience clauses.[1]  The new rule replaces a controversial rule that the Bush Administration issued in 2008, during George W. Bush’s  last days in office.[2]  The new rule ensures that the law protects health care providers who object to performing or assisting an abortion, while eliminating confusion of the previous rule that the definition of abortion also included contraception.[3]  This is undoubtedly a point for the pro-choice faction, but one can imagine it will spark the conscience clause debate anew.

Continue reading “The Obama Administration Rescinds Old Regulations Affecting Provider Conscience Laws”