Emory Law Journal

Volume 60Issue 5

Compulsory [Mis]Joinder: The Untenable Intersection of Sovereign Immunity and Federal Rule of Civil Procedure 19

Ross D. Andre | 60 Emory L.J. 1157 (2010)

Federal Rule of Civil Procedure 19 defines circumstances in which a court can (and must) override the plaintiff’s party structure to ensure that so-called necessary and required parties are before the court, as complete justice requires. Sovereign immunity protects classes of sovereigns and their political arms from accountability in other nations’ court systems. Although seemingly unrelated, conflict between these doctrines is increasingly precipitating incongruous outcomes in federal courts—as evident in a recent Supreme Court decision—eviscerating the goals of compulsory joinder and unreasonably enlarging the ambit of sovereignty’s protections to shield nonsovereign parties. The failure of courts to work solutions to the Rule 19/sovereign immunity conundrum risks recreating the systemic failures of the original version of Rule 19—foregoing the Rule’s intended pragmatism in favor of doctrinal adherence to labels and categorizations.

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Immigration Detention Reform: No Band-Aid Desired

Sarah Gryll | 60 Emory L.J. 1211 (2010)

The United States is a land of immigrants. Yet the United States has adopted laws and policies to prevent mass migrations to this country. Despite these efforts, millions of illegal immigrants currently reside in the United States and more enter every year. An intense public debate about how to treat such immigrants has been at the forefront of the political forum for decades. In recent years, a new vigor for reform has fueled the debate. The Obama Administration vowed to enact comprehensive immigration reform and, in its first year, unveiled a number of reforms meant to address the deteriorating conditions of the immigration detention system. In a political climate ripe for immigration reform, this Comment proposes a more comprehensive approach to immigration detention reform.

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