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Colonial Relics: Unearthing The Lingering Of Tyranny Of Colonial Discourse In U.S. –Caribbean Immigration Law And Policy, Glenys Spence
Colonial Relics: Unearthing The Lingering Of Tyranny Of Colonial Discourse In U.S. –Caribbean Immigration Law And Policy, Glenys Spence
Glenys Spence
Immigration law is constantly evolving. It is one of the most dynamic and multi-faceted areas of law. Specifically, in the space of asylum and refugee law, practitioners, immigration judges and our appellate courts face a daunting task of reconciling the law with the plethora of human misery that flock to our shores. The laws are plagued with ambiguity and complexity, and the task of interpretation is a daunting one. As a result, legal interpretation by our immigration courts can leave immigrants to languish in “a field of pain and death.” This article will examine the politics of location inherent in …
The Discovery Immunity Exception In Indian Country – Promoting American Indian Sovereignty By Fostering The Rule Of Law, Jay Kanassatega
The Discovery Immunity Exception In Indian Country – Promoting American Indian Sovereignty By Fostering The Rule Of Law, Jay Kanassatega
Jay Kanassatega
The purpose of this article is to encourage federal courts (and Indian tribes) to re-think reliance on tribal sovereign immunity as a basis to quash or modify process directed to Indian tribes and their elected and appointed officials and employees as non-parties to any underlying litigation. In such third-party actions, federal courts should not apply tribal immunity to quash or modify otherwise valid federal process served on an Indian tribe pursuant to the Federal Rules of Civil Procedure, Rule 45. Instead, the federal court should approach the issue with an eye toward implementing Congressional policies aimed at supporting the development …