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News and Information from the American and Caribbean Law Initiative NEWSThe American and Caribbean Law

Vol. I, No. 2

From left, front: Unidentified staff of the United States Attorney’s Office in Tampa,FL, Tanya Bastian Galanis, Dorothea Beane, Mitchell Davies, Carol Aina. Back:John C. Knechtle, unidentified participant, Fitzgerald Alleyne, and Jane Cross. Seerelated story on page 8.

Caribbean Law Clinic Visits Stetson Law School

Eugene Dupuch Law SchoolHosts Second ACLI Summer Law Conference in Nassauby Jane E. Cross andPatricia McKenzie

On July 6-8, 2006, the ACLIpresented its secondsummer law conference at

the British Colonial Hilton inDowntown Nassau, Bahamas.Entitled Trade and Legal Aid:Tools for Economic Development,the conference was a collaborativeeffort of ACLI and NortheastPeople of Color Legal ScholarshipConference (NEPOC). Inparticular, two ACLI memberschools provided tremendoussupport: Eugene Dupuch Law School,which hosted the conference andNova Southeastern UniversityShepard Broad Law Center, whichprovided funding for the conference.In addition, the Ronald H. BrownCenter for Civil Rights and EconomicDevelopment at St. John’s UniversityLaw School gave significantconference support and funding.

Over eighty persons participated inthis conference spanning three days.

The next meeting of the American andCaribbean Law Initiative Law Clinic will takeplace in George Town, Grand Cayman during

the period March 21- 25, 2007, and will be hostedby the Cayman Islands Law School.

As is more fully described elsewhere in thisNewsletter, the last ACLI clinic was hosted byStetson University College of Law and took placeon November 1- 4, 2006 in Gulfport, Florida. Itserved as a rewarding and challenging experiencefor all the participating law students from theCaribbean and the US.

The Cayman Islands (consisting of GrandCayman, Cayman Brac and Little Cayman) is aBritish Dependent Territory located in the WesternCaribbean Sea. Grand Cayman is by far the largestof the three islands, with an area of 76 square miles.Grand Cayman is located some 480 miles south ofMiami, 150 miles south of Cuba and 180 milesnorthwest of Jamaica. The latest populationestimate of the Cayman Islands (April 2006) is57,800, representing in excess of 100 nationalities.All three islands were formed by large coral headscovering submerged Ice Age peaks of westernextensions of the Cuban Sierra Maestra range andare predominantly flat.

The Cayman Islands Law School is a formallyaffiliated institution of the University of Liverpoolin the United Kingdom. As such, all lecturers are

ACLI Caribbean Law ClinicCayman Islands Law School Hosts Students

by Mitchell Davies

Caribbean Leaders AgreeOn Blueprint for Region’s Future Trade Relations

by Pat Roxborough-WrightMONTEGO BAY, St James - The Caribbean

Community’s inaugural joint sub-committeemeetings on external trade negotiations and thesingle market economy ended on a high note onearly February with consensus by four of theregion’s heads on a blueprint for the region’s futuretrade relations.

“Our discussion proceeded against the backdropof the Bicentennial anniversary of the abolition ofthe TransAtlantic Slave trade, our determination toeliminate poverty in the shortest possible time and toprovide an improved quality of life for ourCaribbean people, in particular the poor,” PrimeMinister Portia Simpson Miller told the press in abriefing following the close of the two-day talks.

The consensus, which centred on a reportpublished by the University of the West Indies’

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From the Top: Hon. Vashiest Kokaram,Justice, High Court of Justice of theRepublic of Trinidad and Tobago; Middle:Profs. Darryl C. Wilson, Stetson College ofLaw and Jane E. Cross, Shepard Broad LawCenter; Bottom: Prof. John C. Knecthle,Florida Coastal School of Law and Hon.Fred Smith, President, Grand BahamasHuman Rights Association.

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President's ColumnExceptional Boards

operations, and results. They alsoextend transparency internally,ensuring that every board member hasequal access to relevant materialswhen making decisions.

SUSTAINING RESOURCES -Exceptional boards link bold visionsand ambitious plans to financialsupport, expertise, and networks ofinfluence. Linking budgeting tostrategic planning, they approve

activities that can berealistically financedwith existing orattainable resources,while ensuring thatthe organization hasthe infrastructure andinternal capacity itneeds.

RESULTS-ORIENTED -Exceptional boardsare results-oriented.They measure the

organization’s progress towardsmission and evaluate the performanceof major programs and services. Theygauge efficiency, effectiveness, andimpact, while simultaneously assessingthe quality of service delivery,integrating benchmarks against peers,and calculating return on investment.

CONTINUOUS LEARNING -Exceptional boards embrace thequalities of a continuous learningorganization, evaluating their ownperformance and assessing the valuethey add to the organization. Theyembed learning opportunities intoroutine governance work and inactivities outside of the boardroom.

REVITALIZATION - Exceptionalboards energize themselves throughplanned turnover, thoughtfulrecruitment, and inclusiveness. Theysee the correlation between mission,strategy, and board composition, andthey understand the importance offresh perspectives and the risks ofclosed groups. They revitalizethemselves through diversity ofexperience and through continuousrecruitment.

1 The Source: Twelve Principles of

Governance That Power Exceptional Boards.

Washington, DC: BoardSource 2005. For more

information or to order a copy of the book, visit

www.boardsource.org or call 800-883-6262.Page 2

John C. Knechtle

With no paid staff, the drivingforce behind the ACLI is itsboard of directors. ACLI board

members not only fill the roles of the officerpositions, but also develop and run thevarious programs of the ACLI and recruitothers for vital roles. It has been anunqualified privilege working with thetalented board members of the ACLI. Indeedthe importance of the board to the ACLIraises the reflective question, whatmakes for exceptional boards?

Exceptional boards addsignificant value to theirorganizations, making a discernibledifference in their advance onmission. Good governance requiresthe board to balance its role as anoversight body with its role as aforce supporting the organization.The difference between responsibleand exceptional boards lies inthoughtfulness and intentionality,action and engagement, knowledgeand communication. Anempowered board is a strategic asset to beleveraged. It provides board members with avision of what is possible and a way to addlasting value to the organization they lead.

A group of experts in the field of nonprofitmanagement came up with a list of twelveprinciples that power exceptional boards andof which I will mention eight.1

MISSION DRIVEN - Exceptional boardsshape and uphold the mission, articulate acompelling vision, and ensure thecongruence between decisions and corevalues.

STRATEGIC THINKING - Exceptionalboards allocate time to what matters mostand continuously engage in strategic thinkingto hone the organization’s direction. They notonly align agendas and goals with strategicpriorities, but also use them for assessingprograms, driving meeting agendas, andshaping board recruitment.

CULTURE OF INQUIRY - Exceptionalboards institutionalize a culture of inquiry,mutual respect, and constructive debate thatleads to sound and shared decision making.They seek more information, questionassumptions, and challenge conclusions sothat they may advocate for solutions basedon analysis.

ETHOS OF TRANSPARENCY -Exceptional boards promote an ethos oftransparency by ensuring that donors,stakeholders, and interested members of thepublic have access to appropriate andaccurate information regarding finances,

AMERICAN and CARIBBEANLAW NEWS

President - Editorial Board MemberProf. John C. KnechtleFlorida Coastal School of LawJacksonville, FLjknechtle@fcsl.edu

Vice President - Editorial Board MemberHon. Keith SobionNorman Manley School of LawKingston, Jamaica

Secretary - Editorial Board MemberProf. Jane E. CrossNova Southeastern University Shepard BroadLaw CenterFort Lauderdale, FLcrossj@nsu.law.nova.edu

Treasurer - Editorial Board MemberProf. Martina CartwrightThurgood Marshall School of LawHouston, TX

Editorial Board MemberProf. Fitzgerald AlleyneHugh Wooding Law SchoolTunapuna, Trinidad and Tobago

Editor-in-ChiefProf. Cleveland Ferguson IIIFlorida Coastal School of LawJacksonville, FLcferguson@fcsl.edu

Copy EditorClare RaulersonFlorida Coastal School of LawJacksonville, FLcraulerson@fcsl.edu

Case Notes EditorProf. Darryl C. WilsonStetson University College of LawGulfport, FL

The American and Caribbean Law News is publishedtwice yearly by the American and Caribbean LawInitiative, 8787 Baypine Road, Jacksonville, FL 32256.Address corrections should be sent to Clare Raulerson atthe same address.

The American and Caribbean Law News providesinformation on current developments in the law affectingthe United States of America and the Caribbean Basin.Articles and reports reflect the views of those whoprepared them and not necessarily the member schools orother institutions associated with this Initiative. Pleasenote that articles do not contain footnotes or lengthycitations. Manuscripts should be sent via email tocferguson@fcsl.edu.

©2007 ACLI—All rights reserved. ISSN: pending

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on his wife—in short that he was guilty ofdomestic violence. My sources informedme that the incident was sparked whenanother woman either dropped him off orpicked him up at his home. His wifeunderstandably became incensed anddamaged the car. From there thingsescalated and violence was used on thewife.

Following a swirl of rumours about theincident the MP issued a statement lastweek. In it he said he did not condoneviolence against women but admitted thathe had “behaved in a manner unbecomingof a parliamentarian.” Stating that hisactions have “brought the party intodisrepute” the MP decided that he had nochoice but to step down.

The MP however only stepped down asa member of his party’s executive andother committees of the party.

He did not resign as an MP even thoughhis acknowledgment that he had behavedin a manner unbecoming of aparliamentarian seemed to foreshadow this.His concern appeared to be more focussedon the disgrace to his party, which hadcampaigned on morality in public andprivate life.

Still one must give Mr. Fullerton creditfor taking the bull by the horns andactually admitting that he had behaved inan unbecoming manner as a“parliamentarian, a husband and a man.”Not many Caribbean politicians wouldhave done that possibly seeing such anadmission as political suicide.

At home in T&T we have had fewinstances where Parliamentarians leave theoffice by choice. MPs who cross the floor

never do, although the Constitution saysthat an MP having been elected a candidateof a party “resigns from or is expelled bythat party” and vacates his seat. Althoughissues have arisen as to whether thatprovision can be enforced (in the absenceof any Standing Orders identifying andrecognising the leader in the House ofevery party) one would have thought thatan MP who swears to “uphold theConstitution” would have complied with itsspecific intent and vacated his seat if hecrossed the floor or joined another party. InT&T where people are not elected on thebasis of individuality, to act otherwisecannot be right.

We have also had many examples ofpeople who have been accused ofunbecoming conduct not evenacknowledging it or acting “wrong andstrong.”

Mouthing obscenitiesConsider the conduct of Larry Achong

who, during a public debate on the smelterissue not only demonstrated an aggressivedemeanour but shouted out, “Shut up.”

People who attended the debate andviewers of the televised proceedingsindicate that he also mouthed obscenities.

Mr. Achong was defiant that he was notresigning and has not apologised for hiscrude behaviour. One may contrast this toMinister Ken Valley who in 1994-1995 inthe face of recalcitrance by then SpeakerOccah. The Speaker burst out as she wasleaving the Chamber, “Yuh could run butyou can’t hide.”

As I recall, at the next sitting MinisterValley humbly apologised.

Ministers have been charged withcriminal offences while they were in office.Both Eric Williams and Franklyn Khan arebefore the Courts on corruption charges.Khan resigned as Minister of Works andWilliams as Minister of Energy, but not asMPs. Should they have resigned as MPs?

If this were England then we might sayyes but in T&T where we have had a primeminister before the courts (on a chargebefore he came to office) this might be toomuch to expect. I guess what is sauce forthe goose is sauce for the gander and onemay recall that Dhanraj Singh, a minister,was accused of slapping a seniorpoliceman and breaching the traffic laws,did no such thing.

The recent happenings in the Bahamasand Grenada should be a wake-up call forCaribbean politicians that politicalbehaviour of the past is no longeracceptable and will not be tolerated. I amof course not speaking to the unbecomingconduct or the criminal chargesthemselves—I am referring to thepolitician’s response to it.

Matters of impropriety will no longer beswept under the carpet in the hope thatthey will be forgotten. The Grenadian MPwho admitted that he acted unbecominglywill have a longer political life than a LarryAchong. A party that causes a minister toresign where he has been shown to beinvolved in giving political favours willcontinue in power longer.

Politicians of this country should takeheed.

A Parliamentarian Should Resign When...

recognised law teachers of the Universityof Liverpool as well as being members ofthe Cayman Islands Attorney General’sChambers. Graduates of the LL.Bprogramme have their degrees conferredupon them by the University of Liverpool.In March 2002, the Law School wassuccessful in having Qualifying LawDegree Status conferred directly upon it bythe Law Society of England and Wales andthe Bar Council of that jurisdiction. Thismeans that all graduates of the University’sLL.B degree are eligible to pursue furtherpostgraduate professional legal studies in

England and Wales. Indeed, all graduatesfrom the programme, in possessing anEnglish LL.B, are able to use thequalification in precisely the same way asgraduates to have obtained thisqualification in England. CILS is believedto be the only institution in the Caribbeanoffering an English LL.B on a non distancelearning basis.

The Cayman Islands Law School is veryeager to host its first ACLI clinic and isconfident that it will again prove to be arewarding experience for all the studentsinvolved. This clinic will involve theparticipation of the Cayman Islands Legal

Department and the problem questions tobe set will focus on Cayman Islands lawand procedure.

It is very much hoped that all memberlaw schools of the ACLI will be able toattend the Cayman Law Clinic in March,2007. We look forward to hosting ourACLI partner institutions at that time andanticipate that this will be anotherrewarding experience for all studentsinvolved.

Mitchell Davies is the Director of theCayman Islands Law School.

American & Caribbean Law Initiative Caribbean Law ClinicCayman Islands Law School Hosts Students

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Dana Seethahal is a Senior Lecturer atHugh Wooding Law School, a member ofthe ACLI, in addition to being on theeditorial board of the TrinidadianGuardian.

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Opening and luncheon addresses weregiven by several dignitaries from theBahamas including The Hon. Sir BurtonHall, Chief Justice of the Supreme Court,The Hon. Allyson Maynard Gibson,Attorney General, Miriam Samaru,Principal of Eugene Dupuch Law School,and Sen. The Hon. James H. Smith,Minister of State in the Ministry ofFinance. In addition, NEPOC honoredthree notable law professors: Gabriel JackChin, Ruth E. Gordon and Paula C.Johnson. Onthe whole, U.S.,Caribbean andBritishprofessors,attorneys,judges andpolicy makerscomprised theconferencepanelists,moderators andparticipants.

The conference featured a variety oftopics separated into three daily themes.Day One focused on the theme of Trade,Sovereignty and Development: RecurrentTensions. This subject includedenlightening presentations on 1) MoneyLaundering and Sovereignty in an Age ofTerrorism; 2) The Influence ofInternational Entities on EconomicSovereignty; 3) Environment, Tourism andLand Use; and 4) CSME Imperatives ofSovereignty and Regional Harmonization.

During the CSME session on Day One,the Hon. Mr. Vashiest Kokaram, Justice ofthe High Court of Justice of the Republicof Trinidad and Tobago, emphasized theneed for the CSME and remarked that

“[we] in the Caribbean have beenjockeying in lanes with vehicles bent out ofshape, aged and perhaps not gettingenough mileage from the gallon…TheCSME however as [our] vehicle of choicewas devised and chosen from a showroomof federal systems, political unions,bilateral and free trading options of whichthe odds of us reaching the fast lane hasimproved somewhat.”

Day Two, entitled Delivering LegalServices to Ensure Equal Rights andJustice, provided an excellent topic forlively discourse amongst the presenters andattendees. The morning session on theCurrent Crisis of Legal Aid ServiceDelivery dealt with unease about the word“aid”. There was concern that use of theword “aid” caused the people of theCaribbean, or perhaps anywhere, to behesitant to utilize such legal servicesbecause of the misconception that “if it’sfree it’s not good”. The afternoon sessionson Day Two provided a variety of insightsand perspectives on Sustainable Legal AidDevelopment and Critical Race TheoryPerspectives on Legal Aid Services.

Day Three of the conference onScholarship and Service in legal academiaincluded a Mentoring Rap Session and anumber of Works in Progress. In addition,other sessions on Works in Progress wereheld in the first two days of the conference.During the course of the three days, somefourteen presentations included thought-provoking topics, such as Aid Governance:Challenges to the Delivery of LegalServices, Redefining Domestic Violence: ASeparate Crime Defined by Pattern andIntent, Same-Sex Marriage Laws and the(Small “R”) Republican Face of Marriage,

and Deliberative Democracy and Hip-Hop.As with any conference, there are many

individuals who contributed to itsrealization and success.

The ACLI planning committee membersincluded (in alphabetical order): JaneCross; Dion Hanna, Jr.; Persis Hepburn;Tonya Galanis; Maureen Lindo; PatriciaMcKenzie; Jennifer Paoli; Miriam Samaru;and Vanessa Sweeting-Clarke.

The members of the NEPOC planningcommittee were (in alphabetical order):Leonard Baynes, Alafair Burke; ElaineChiu; Frank Rudy Cooper; PamelaEdwards; Eric J. Miller; Camille Nelson;Marcy Peek;Lydie Pierre-Louis; DeborahPost; and JaniceVilliers.

In addition,Bill Adams,Associate Deanfor International,Online, andGraduatePrograms atNSU LawCenter, providedgenerous financial support for thisconference. Corporate conference sponsorsincluded Bar/Bri and Westlaw. Much of thecredit for the success of the conferencegoes to Elaine Chiu of NEPOC due to herinvaluable contributions and her steadfastcoordination with Jane Cross of ACLI.

In summer 2008, ACLI will present itsthird summer law conference which willdeal with Alternative Dispute Resolution.

Eugene Dupuch Law SchoolHosts Second ACLI Summer Law Conference in Nassaucontinued from page 1

Profs. Ruth E. Gordon, left and Leonard BaynesProf. Jane Cross and Hon. Miriam Samaru

Prof. Cynthia Lee

Prof. John Knechtle

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ACLI Case NotesA number of important documents were

executed by members of CARICOM during thepast summer.

1. Declaration by Heads of Government of theCaribbean Community on the Participation of theircountries in the CARICOM Single Market.(July 1, 2006)

2. Treaty on Security Assistance AmongCARICOM Member States. (July 6, 2006)

3. Agreement Establishing the CARICOMImplementation Agency for Crime and Security.(July 6, 2006)

4. Memorandum of Understanding for the Sharingof Intelligence Among Member States of theCaribbean Community. (July 6, 2006)

PRIVY COUNCIL DECISIONS

Although the Caribbean Court of Justice (CCJ)Act, 2003 came into force in 2005 allowing theCCJ to hear its first three cases, the JudicialCommittee of the Privy Council (JCPC) remainedbusy, handing down a number of judgmentsthroughout the summer.

Nasser Diab, v .Regent Insurance Co., Ltd.From the Court of Appeal of BelizeJCPC Judgment Delivered, June 19, 2006

An insured is not relieved from conditions inhis policy based on repudiation unless the breachis accepted by the insurer as terminating thecontract, nor does a waiver of the insured’sobligations take place unless the insurer’s conductspecifically supports such a conclusion eitherbefore or after the insured breaches hisobligations.

Appellant Diab owned commercial premisesthat were covered by a fire policy for the period ofMay 1, 1996 through May 1, 1997. In April, 1997the premises and contents were destroyed by fireunder questionable circumstances. Diab visitedhis insurance agent on May 7, 1997 and claimedthat the agent rejected his claim at that time. Theagent stated that he said nobody had made a claimand until a claim was made no one is attempting afraud. The insurance policy expressly required awritten claim “within 15 days after loss” or “suchfurther time as the Company may in writingallow…” before a claim could be payable. Nowritten claim was ever made. Diab’s counselclaimed that the insurance company rejected theclaim on the grounds that the fire was deliberatelystarted. The company denied that a claim hadbeen made or rejected since no compliance withthe policy conditions ever occurred.

Diab filed suit pleading the amount of claimedloss based on the insurance policy. The lowercourt found that Diab was entitled to take theagent’s remarks as a repudiation of liability. TheCourt of Appeal found to the contrary. The JCPCfound that Diab was so entitled, but that Diabfailed to treat those remarks as a repudiation of thewhole contract. Diab filed a writ on June 26,1997. The JCPC found that the contractualobligations owed by each party under the policytherefore continued.

Diab’s counsel relied on decisions by UnitedStates and Canadian courts to argue in favor of therule that a repudiation by an insurer of liability, ona ground unconnected with compliance by theinsured with policy provisions regarding deliveryof a formal written claim, relieves the insured ofthe obligations to comply with those provisions.The JCPC stated that such a rule can be explainedby reference to statutory provisions that have nocounterpart in Belize, or in United Kingdomstatutory law and that rule does not form part ofthe law of these nations. The Court said that thecircumstances surrounding the repudiation mayjustify the inference of waiver by the insurer of theright to insist on compliance with the contractualprovisions in question, but the facts here providedno basis of support for a conclusion that the agentwas relieving Diab of his contractual duties.

Comment: The JCPC dismissed the US/Canadian rule proposed by the appellant’s counselas being simply grounded in statute withoutconsideration of the policy grounds for the same.The rule prevents insureds from falling into thedilemma found by the appellant here who was toldliability would be repudiated based on fraud. Thechoice was to make a futile claim with the insureror file suit for breach. The court’s determinationthat obligations of the parties continued after therepudiation, and that the lawsuit is not consideredrepudiation of the contract as a whole, coupledwith the judicial delay involved possibly preventsthose similarly situated to the appellant from evergetting a chance to recover for a valid loss. TheUS/Canadian rule dispenses with formal futilityand moves the parties to the proper focus of thedispute which is a concern over the circumstancesgiving rise to the loss. In this case, more than nineyears passed before the judgment was deliveredmaking it impossible for any evidentiarycircumstances to be preserved during the pendencyof the proceedings. The court did not address theissue of judicial delay.

IN THE CARIBBEAN COURT OF JUSTICE,APPELLATE JURISDICTION

The Attorney General of the Cayman Islands v.James Cleaver and Co., Christopher Johnson,and Nicolas FreelandFrom the Court of Appeal of the Cayman Islands

JCPC Judgment Delivered, June 6, 2006

The grand court is empowered to set guidelinesand procedures for the fixing of liquidators’remuneration, thus liquidators should submit feesto the court for final sanction even when the feeshave already been approved by creditors or acreditor’s committee.

The Grand Court of the Cayman Islands sat enbanc on October 18, 2002 to hear applications byjoint official liquidators. In its judgment ofDecember 20, 2002 the Grand Court set guidelinesfor fee rates and gave directions on matters relatedto the procedure to be followed in liquidationproceedings. The liquidators appealed in April2003. The Court of Appeal set aside the judgmentof the Grand Court in its entirety, holding that theprocedure for fixing remuneration of CaymanIsland liquidators is governed by the EnglishInsolvency Rules 1986. In April 2004, theAttorney General of the Cayman Islands sought toappeal and, after initial rejection, was ultimatelygranted special leave on February 9, 2005. Thematter came before the Privy Counsel in March2006.

The Grand Court sat en banc due to judicialconcern over whether fees charged by insolvencyliquidators were fair and reasonable. TheRespondents fees ranged from U.S $450 per hourto $500 for partners and U.S. $95 per hour foradministrative assistants. The Grand Court setguidelines for fee rates based on fee-earner’s yearsof experience with the highest rate (absentexceptional circumstances) being U.S. $400 perhour and U.S. $100 - $150 for those with one tothree years experience. The rates were to bereviewed from time to time by relevant partiesbased on factors deemed appropriate by the GrandCourt at that time. The Grand Court relied on theCompanies Law of the Cayman Islands (2002Revisions) for its jurisdiction. At the Grand Courtproceedings, the liquidators placed no reliance onthe English Rules of Insolvency 1986, although onappeal they did deploy those rules instead andmade no mention of the pertinent Cayman IslandCompanies Law sections.

The Privy Counsel noted that the Court ofAppeals’ decision was reached on the basis of amisreading of the statutory scheme. The role ofthe Attorney General as the guardian of publicinterest was also recognized by the Court whichstated that leave to intervene may be grantedwhere there is an issue of great public importancegoing to the jurisdiction of lower courts and theirconsequent ability to do justice according to thelaw.

The Privy Counsel found the circumstances indispute to be a matter of public importance thatconcerned establishing the correct position for

IMPORTANT DOCUMENTS

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ACLI Caribbean Law ClinicCayman Islands Law School Hosts Students

liquidators remuneration in the future.

Eusebio Copper and Clifford Balbosa v.Director of Personnel Administration

The Police Service Commission

From the Court of Appeal of Trinidad and TobagoJCPC Judgment Delivered, July 6, 2006

It is the sole responsibility of the Police ServiceCommission to appoint the Examination Boardreferred to in the Police Service Commission’sRegulations and the setting and working of thepapers by the Examination Board is subject to theultimate control of the Police Service Commission.

Appellants Cooper and Balbosa were bothPolice Corporals with the Trinidad and TobagoPolice Service. In August, 2002 they sat forexaminations for promotion to the rank of PoliceSergeant. The examinations were set by the PublicService Examination Board. The board was alsoresponsible for working the exams and releasingthe results. In July, 2003, a newspaper articlecriticized the board for its delays noting that theresults of the 1999 examinations were not releaseduntil 2001. The Police Service Commission issueda media release disclaiming responsibility for thedelays, claiming that the Public ServiceExamination Board was responsible. On July 11,2003 the appellants commenced legal proceedingsseeking a declaration that the setting of theexaminations by the Public Service ExaminationBoard, a Cabinet appointed body, wasunconstitutional, and that there was unreasonabledelay in the publication of the 2002 examinationresults. They also sought an order of mandamusthat the Director of Personnel should forthwithcorrect the papers and release the results. OnDecember 30, 2003 the court found in favor ofappellants. The respondents appealed and thecourt allowed the appeal and set aside thedeclaration of unconstitutionality and other ordersentered by the lower court. The appellants soughtfurther review and were granted final leave toappeal on May 23, 2005 to the Privy Council. ThePrivy Council allowed the appeal.

The Privy Council cited relevant portions of theConstitution pointing out those that specificallyrelated to the Public Service Commission and thePolice Service Commission. It was noted that thepowers to make appointments on promotion andtransfer and to confirm appointments rested in thePublic Service Commission, but they did not applyto certain entities. Instead the Constitutionspecifically noted that power to appoint persons tohold or act in an office in the public serviceestablished under the Police Service Act rested inthe Police Service Commission. It was furtherstated that the procedure of the Police ServiceCommission was set by the Police ServiceRegulations which expressly stated that all exams

in the Police Service shall be set and papersmarked by an appointed Examination Board andthat the Director of Personnel Administration wasresponsible for the conduct of examinations.

The evidence indicated that the Cabinetappointed Public Service Examination Board hadregulated all examinations throughout the publicservice since 1966. The Privy Council noted thatthe Constitution did not provide for the setting upof a Public Service Examination Board nor did theestablishment reflect the exercise of the Cabinet’sgeneral direction and control over the government.The lower court found that the circumstances gaverise to a breach of the doctrine of separation ofpowers but the Privy Council found that approachtoo inflexible. There was nothing to indicate theCabinet was acting ultra vires and in fact policysupported the conclusion that setting up such aboard was within the Cabinet’s discretion since thegoal was to establish uniform standards, consistentpractices, and economic use of limited resources.The Privy Council did recognize however, that thecircumstances did raise the question of where todraw the line between proper exercise ofconstitutional power and the proper exercise ofpolitical influence.

The Court of Appeals felt the promotionexaminations were part of the terms andconditions of employment falling within thesphere of general constitutional executive powersbut the Privy Council said that ruling was basedon a misinterpretation of precedent and theregulations applicable to the bodies in question.The Constitution does not permit the Executive toimpose an Examination Board on the Commissionof the Executive’s own choosing but insteadrequires the Police Service Commission be free toexercise its own judgment. This freedom includesthe right to choose to use the services of the PublicExamination Board for limited purposes or declineto use the Board if it feels the Executive is tryingto influence or interfere with appointments andpromotions within the Police Service.

The Privy Council made clear that the policeofficer contracts were with the Executive but thattheir contracts as to terms of service were mattersfor the legislature or the employer. Theappointment, promotion, and transfer were mattersexclusively for the Police Service Commission andthose matters are to be undertaken free from unduepolitical influence.

CARIBBEAN COURT OF JUSTICE (CCJ)DECISIONS

Brent Griffith v. Guyana Revenue Authority,Attorney General of Guyana

CCJ Application No. 1 of 2006GY Civil Appeal No. 27 of 2003Judgment Delivered, May 12, 2006

Individuals working in the public service for a

public authority do not hold public office and arenot public officers with constitutionally protectedproperty rights in their positions when the publicauthority is a corporate entity distinct from thegovernment.

Brent Griffith joined the Customs Department,a department in public service, as a CustomsGuard. He later was promoted to Customs Officerand in 1996 he held the post of Patrol Officer. In1996 the functions of the Customs Departmentwere transferred to a new corporate body calledthe Revenue Authority. Mr. Griffith agreed to betransferred to the Revenue Authority where hebegan employment on January 28, 2000. BetweenAugust 23, 2000 and September 23, 2000 Mr.Griffith was absent from employment. Medicalcertificates he submitted were rejected by theRevenue Authority due to his failure to tenderthem in the time period prescribed by the RevenueAuthority’s Employee Code of Conduct. A letterof dismissal was sent to Mr. Griffith on September21, 2000 and on October 23, 2000 Mr. Griffith wasordered to leave the Revenue Authority’s premises.By notice of motion dated November 26, 2001,Mr. Griffith began constitutional proceedingsseeking to have his removal declared null andvoid. He also requested reinstatement, payment ofpast salary, superannuation and costs.

Mr. Griffith’s motion was dismissed on April22, 2003 and an appeal was filed. That appeal wasdismissed on December 8, 2005. Mr. Griffith thenfiled for special leave to appeal with the CCJ. TheCCJ was established on February 14, 2001 butcame into force in Guyana on April 1, 2005. TheCCJ was Guyana’s final court of appeal as of thedate of the December 8, 2005 judgment andaccording to relevant CCJ rules governing rightsto appeal constitutional matters, Mr. Griffith had30 days from the judgment to apply for appeal.Mr. Griffith failed to apply within the specifiedtime, instead filing for special leave on January16, 2005. Mr. Griffith claimed the reason foruntimeliness rested with his attorneys’unfamiliarity with the CCJ procedures.Respondents argued that special leave to appealwas restricted to criminal and civil matters, withthe latter category not including constitutionaldisputes.

The CCJ noted that special leave is not definedin the CCJ Act and that Section 8 of the CCJ Actdoes state that special leave may be granted incivil and criminal cases. The court stated thatspecial leave was intended by that section to applyto cases where appeal did not lie as of right andleave to appeal could not be obtained from theCourt of Appeal. The CCJ further stated that italso had discretion, in its exercise of its inherentjurisdiction, to grant special leave when the Courtof Appeal wrongly refused leave, or granted leavesubject to conditions which were outside itspowers, and when no application for leave hasbeen made to the Court of Appeal, as long as in

ACLI Case Notescontinued from previous page

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each instance the CCJ finds the appeal has arealistic chance of success. The CCJ stated thatits inherent jurisdiction is not limited to casesfalling in any specific category.

The CCJ decided it proper to treat Griffith’sapplication as of right, although no applicationhad been made to the court below, since Guyanahad not had a second tier appeal regarding civil,criminal, or constitutional matters in more thanthirty years. The Court recognized that there wassome novelty associated with its new jurisdictionand the applicable rules that fostered someuncertainty about the appeals process.Furthermore, nothing indicated a deliberate intentby the applicant to bypass the Court of Appeal.

Although the CCJ found it proper to treat theapplication as one requesting special leave toappeal, the Court refused to grant the applicationbecause it was not viable. The Court deemed theproposed appeal unlikely to be successful becauseMr. Griffith wrongfully believed that hisdismissal amounted to a constitutionaldeprivation of his “property” which consisted ofthe public office which he held.

While Mr. Griffith may have fit theconstitutional definition of a public officer whileholding the office of Customs Officer within thepublic service of Guyana and was then governedby the relevant public service commission rules,the Revenue Authority was not synonymous withthe government nor were its employees publicofficers, or even public servants. The RevenueAuthority was a new distinct corporate entitywhose employees were not holders of any publicoffice nor were they employed in the service ofthe government of Guyana in a civil capacity,regardless of the fact that the Revenue Authoritywas a public authority.

In addition to failing to show any prospect forsuccess by proving he held public office, the courtnoted that the applicant failed to do anythingother than claim he had a right to superannuationbenefits. The Court agreed that dismissal fromemployment negated the opportunity to qualifyfor such benefits but stated that the loss ofopportunity did not qualify as deprivation ofproperty. It was further noted that the applicantcould not rely on a constitutional right to naturaljustice because that claim was also tied to amisconceived reliance on public office status.

Comment: Although this decision clarified thestatus of the applicant it certainly appears to leaveroom for much debate regarding the status ofmany employees in public service positions. Thisruling may have the positive effect of triggeringthe creation of clear rules and regulations byemployers that specify the position and benefitsof its employees. If not, the decision at least putsworkers on notice of the need to clarify andmonitor their status as employees, especiallywhen the governing authority of the employer

changes.The decision was also an important

illustration of the breadth of jurisdiction the CCJholds and the flexibility it is willing to showparties who are trying to become acclimated tothe new system.

Barbados Rediffusion Services Limited v.Asha Mirchandani, Ram Mirchandani,

Mcdonald Farms Ltd.

CCJ Appeal No. AL 001 of 2005BB Civil Appeal No. 18 of 2000Judgment Delivered, October 26, 2005

The Caribbean Court of Justice is cognizant ofprinciples and proceedings established by otherCommonwealth nations’ final courts of appeal butit will not be bound by those decisions as mattersof precedent and instead will develop its ownjurisprudence on an ad hoc basis.

This was the first case to reach the CaribbeanCourt of Justice. It involved an application forspecial leave to appeal from a decision of theCourt of Appeal of Barbados, dismissing anappeal against an order striking out the amendeddefense, in an action for defamation brought bythe respondents to this proceeding.

The claimed defamation occurred via threecalypsos alleged to have been played frequentlyon the applicants’ radio stations in June and July,1989 during the “run-up” to the annual “CropOver” Festival. They were also allegedlybroadcast live when sung during the calypsoscompetition held in connection with the festival.The calypsos purportedly alleged that therespondents were selling diseased, unslaughteredchickens to the public. The defense did not admitthe broadcasts and contained a plea ofjustification.

The defense was struck based on the allegedfailure of the applicant to comply with a courtorder to file, by a specified date, a “further andbetter list of documents” that were or had been inits custody. The original order for discovery wasmade on July 7, 1992. Document lists were filedby both parties during September and November,1993. The respondents filed for a “further andbetter list within 14 days,” October 12, 1994.The applicant failed to appear and an order wasentered November 24, 1994. The respondentfiled for an “unless” order December 30, 1994,and that order was made on February 20, 1995.The applicant thereafter timely filed whatpurported to be a further and better list ofdocuments along with a verifying affidavit.

The respondents applied on March 13, 1995for an order that the amended defense be struckand judgment entered on their behalf. Thehearing on that matter took place on September19, 1996. The reserved judgment on the matterdid not issue until November 24, 1999. The

applicant requested leave to appeal that judgment onDecember 7, 1999. Leave was granted July 17,2000. The Court of Appeal’s reserved judgmentdismissing the appeal on August 20, 2001. OnSeptember 10, 2004 the applicant requested leave toappeal to the Privy Council. On June 23, 2005, theCourt of Appeal gave judgment refusing leave toappeal. On July 15, 2005, the applicant filed therequest for special leave to appeal to the CCJ.

The procedural issue raised by the proceedingswas what impact if any, did the legislation replacingthe Judicial Committee of the Privy Council withthe Caribbean Court of Justice have on theapplicant’s right to pursue an appeal against theCourt of Appeal’s decision. The Constitution Act of2003 amended the Barbados Constitution bysubstituting the words Caribbean Court of Justicefor Her Majesty in Council wherever the latterappeared. The Caribbean Court of Justice Act wasasserted on the same day as the 2003 Act and bothActs came into operation on April 8, 2005. Thetransitional provisions in the two Acts were oflimited guidance as they were very basic on onehand, and even inconsistent on some points. Theyfailed to address cases like the present that had anapplication for leave to the Court of Appealpending, instead only addressing proceedings thatconcerned special leave to appeal to the PrivyCouncil.

The CCJ was forced to fall back on generalprinciples of construction to determine thejurisdiction issue in the case. The CCJ first declaredthat substitution of one court of final resort foranother is to be regarded as a procedural change inthe law as opposed to a substantive one. Thus, thechange was presumed to apply to both pending andfuture proceedings. Furthermore, the Court statedthat it must be assumed that where legislationabrogated an existing right of appeal to the PrivyCouncil, it intended to confer a corresponding rightof appeal to the CCJ. The Court also found itreasonable to infer that any matters falling outsideof the express transition provisions dictated byParliament were also intended to be addressed bythe CCJ, subject only to the conditions imposed bythe new legislation.

The Court clarified that the language “subject toSection 7,” in Section 8 of the CCJ Act did not makeit compulsory for an application to be made underSection 7 before one could be made under Section 8.Section 7 dealt with obtaining leave on groundsspecified therein while Section 8 involved obtainingspecial leave based on grounds within the court’sdiscretion. The Court further stated that the rule-making authority has proceeded on assumption thata party may apply to the CCJ for special leave eitherafter having made or without having made anapplication for leave to the Court of Appeal.

While the CCJ recognized that they had leewayto formulate the principles to be used in determining

ACLI Case Notes

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John Knechtle, Florida Coastal Schoolof Law.

Several schools across theCaribbean Basin and in the UnitedStates have joined the initiative.

The ACLI and Stetson College ofLaw thank the Office of the UnitedStates Attorney for the Middle Districtof Florida, Tampa Division for itsinvaluable contribution to the Nov. 3,2006 American Caribbean LawInitiative Clinic.

whether or not to grant special leave to appeal, the Courtdecided against setting forth any comprehensive guidelines atsuch an early stage, opting instead for a case by caseapproach. The CCJ stated that while they would payattention to the practices of the Privy Council they would notbe bound by it. The Court also recognized the value ofprinciples and practices of other Commonwealth countriesfinal courts of appeal but said it would develop its ownjurisprudence incrementally on an “as needed” basis.

The Court rejected the applicant’s submission that specialleave should be granted by reason of the matter being ofgreat general or public importance. The Court likewiserejected the respondents’ assertion that special leave shouldbe refused because the appeal was bound to fail. At the heartof the matter was whether there was compliance by theapplicant with the orders made or had there instead been anintentional and contumelious failure to do so. It was notedthat no facts were sighted by the lower court in its originalfinding against the applicant, and neither the lower court norCourt of Appeal saw or heard any evidence. However, theCCJ did not feel that the circumstances warranted interferingwith or quashing the lower court’s order. Instead it wasdecided that special leave to appeal should be granted inorder to eliminate the risk that leaving matters as they weremight result in a miscarriage of justice.

The Court also strongly disapproved of the enormousjudicial delays that took place in the lower proceedings. TheCCJ stated that such delays deny parties’ access to justice towhich they are entitled and undermine public confidence inthe administration of justice. Despite the fact that the grantof the application could possibly postpone a final resolutionof its case, the Court noted the unfairness of the alternative,denying special leave because of delay for which a party isnot for the most part responsible. The Court further statedthat they hoped delays of the type reflected in this case werea thing of the past in Barbados.

Comment: With the inaugural decision of the newlyformed Court, a new tone was set for those involved in legalproceedings in the Caribbean community. The Court sent astrong message regarding its independence and it’sinterpretation and application of the rules that created it.The Court also put all on notice that it felt justice delayed isjust denied and that it will not look kindly upon thecontinuation of such practices in the future.

Darryl C. Wilson, Case Notes Editor of the ACLI News,is a professor of Law at Stetson College of Law.

Participants in the ACLI Caribbean Law Clinic atStetson College of Law.

Gulfport, FL - The Americanand Caribbean Law Initiativevisited Stetson in November.Stetson Law, one of ACLI’s newestmembers, hosted the CaribbeanLaw Clinic from Nov. 1-4 on theGulfport and Tampa campuses. Thisis the first time the clinic met inFlorida.

“This clinic was not acompetition,” said ProfessorDorothea Beane, who spear-headedStetson hosting the Caribbean LawClinic’s inaugural visit to Florida.“It was a unique opportunity forAmerican and Caribbean law studentsto work together to solve legalproblems.”

Participating students discussed theirresearch and prepared for presentationstogether.

The founding mission of the ACLI isto create programs to encouragecultural diversity and increasecommunication among countries in theCaribbean. a

ACLI is the brainchild of Professor

ACLI Case Notes ACLI Visits Stetson College of LawStudents Work with U.S. Attorney’s Office in Tampa

CBA-CF Celebrated CaribbeanAmerican Heritage Month

ORLANDO, FLORIDA–The Caribbean BarAssociation’s CentralFlorida Chapter (“CBA-CF”) joined forces withMTV Networks Channel tosponsor Frederick Morton,Senior Vice President andGeneral Manager ofTEMPO, an MTV NetworksChannel, as its keynotespeaker at CBA-CF’s 2006Barrister’s Ball. TheBarrister’s Ball, a black tieevent, kicked off CaribbeanAmerican Heritage Month.

On February 14, 2006,the U.S. Senate approvedthe House ofRepresentatives ConcurrentResolution declaring June

as Caribbean AmericanHeritage Month.

“It is fitting that FredMorton is our keynotespeaker as we celebratewhat is officiallyCaribbean AmericanHeritage Month byrecognizing theaccomplishments ofCaribbean Americans andhighlighting Caribbeanculture,” stated MichelleThomlinson, Esq.,president of the CBA-CF.

Born to Nevisianparents, Frederick Mortonwas born and raised in St.Croix, the United StatesVirgin Islands. Beforejoining TEMPO, he was

Senior Vice President andDeputy General Counselof Business and LegalAffairs at MTV Networks,a division of Viacom Inc.At MTV, he handledlitigation, reviewedprogramming content forlegal issues and managedthe company’s intellectualproperty portfolio. Prior tojoining MTV, he practicedat the law firm of Simpson& Thatcher where herepresented Fortune 500companies. Prior tojoining Simpson Thatcher,he was Corporate Counselat Johnson & Johnson. Heis a graduate of the

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"Advancing thecommon interest of itsmembers in the growthand development of the

Caribbean Basin byfacilitating

collaborativerelationships and by

strengthening its legaldevelopment and

institutions."

Foradditionalcase notes

visit:www.fcsl.edu/acli/casenotes.

Page 9

Rutgers University School of Lawand holds a Masters in PublicAdministration from ColumbiaUniversity, School of Internationaland Public Affairs. He also earnedhis Bachelor of Arts degree inEconomics at Rutgers University.

TEMPO was launched in theCaribbean in October 2005 andmade its way to North America in2006.

Founded in 1994, the CaribbeanBar Association (“CBA”) is avoluntary bar organization that hasgrown from 25 to over 150attorneys from the Caribbean-American community in south andcentral Florida. The CBA launchedits Central Florida Chapter

CBA-CF Celebrated CaribbeanAmerican Heritage Month

Caribbean Leaders AgreeOn Blueprint for Region’s Future Trade Relations

Professor Norman Girvan lastOctober, concerns the plan ofaction and timetabling of goalsfor the establishment of thesingle market economy which,according to Barbados’s primeminister, Owen Arthur, should beready for implementation by nextyear.

Entitled “Towards a SingleMarket Economy and a SingleDevelopment Vision”, thedocument outlines the basis fordecisions that will be taken bythe Heads of government on thedirection, content and prioritiesof the Caribbean Single Marketand Economy (CSME). Theseissues will be further deliberatedat the Community’s 18thintersessional heads ofgovernment meeting in St.Vincent and the Grenadines nextweek, according to Arthur, whochaired the sub-committeemeeting on the CSME along withSimpson Miller, who chaired thesub-committee meeting onexternal trade relations.Simpson-Miller, who along withArthur and prime ministers RalphGonsalves and Patrick Manningof St Vincent and the Grenadinesand Trinidad and Tobagorespectively sat in on the media

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and former president of OxfordUniversity’s Trinity College whorecently argued a Bahamas golfdevelopment dispute before thejudges.

Caribbean nations includingJamaica formed their own courtlast year when Trinidad andTobago-based judges replaced thePrivy Council’s JudicialCommittee, according to theCaribbean court’s Web site.Brunei Civil Disputes PrivyCouncil judges, who may serveuntil age 75, also hear Brunei civildisputes under an agreement withthe Sultan of Brunei, althoughthere were no appeals last year.“Many of these societies havedeveloped slightly differentcultural and political norms, sothe law has developed in differentways,” Beloff said.

The largest number of the PrivyCouncil’s cases still comes fromthe U.K., where it is responsiblefor final rulings in veterinary andecclesiastical disputes. It alsoissues advisory opinions in somecriminal cases.

Privy Council judges are drawnfrom around the Commonwealth,including British Law Lords andCourt of Appeal judges, plus 15overseas members from superiorcourts, according to the PrivyCouncil’s Web site.

The Judicial Committee wascreated in its current incarnationunder an 1833 statute. Inmedieval times, the ruler ofEngland sought the PrivyCouncil’s advice on disputesarising in the Channel Islands,and appeals concerning theislands continue today, accordingto the report.

The goal in 1833 was to bindthe Commonwealth countriestogether with the same judicialideals, Beloff said.“It never caught fire,” he said,noting that the judges ended upruling on disciplinary hearings for

New Zealand doctorsalongside constitutional cases.

While judges anticipate “aneventual decline in the JudicialCommittee’s volume of work,”according to the report, thePrivy Council has yet to feelany impact from the NewZealand or Caribbeandecisions to go their own way,Kasia Reardon, senior pressofficer for the Privy Council,said in an e-mail yesterday.

“There may be a decline inthe Judicial Committee’svolume,” Reardon said. “Butlooking at last year’s statisticsthe Committee sat for 106days, an increase on 2004.”

Cases range from life anddeath to small fines. In July2005, a nine-member panelruled that Jamaica’s mandatorydeath penalty for murder wasinhumane and contrary to theconstitution, requiring allcapital murder cases includesentencing hearings.

In July 2004, judges alsoweighed in on a 750 pound($1,422) dispute between aBritish veterinarian disciplinedfor driving offences and theLondon-based Royal Collegeof Veterinary Surgeons.

It is no wonder somecountries think it is moresensible for the local judiciaryto decide what is right for thecommunity they live in, Beloffsaid. While the number ofappeals to the Privy Councilmay decline, Beloff said theJudicial Committee willcontinue to have influence insome nations.

“It is difficult to imagine theChannel Islands” going theirown way, Beloff said. “Isuppose it’s possible for themto decide their own court issufficient, but I suspect in asmall jurisdiction they likegoing to a higher body.”

briefing, and said Caricomnegotiators had been instructedto: continue negotiations on theEconomic PartnershipAgreement with the EuropeanUnion with a view tocompleting on schedule, aprogressive agreement insupport of the region’sdevelopment; continue detailedwork on enhanced relations withNorth America.

To this end, Simpson Millersaid the community hadendorsed the conference on theCaribbean scheduled for June16-19 in Washington. Theconference, which will examinea host of issues relating to theCaribbean/US relations will,according to Simpson-Miller,bring Caribbean and US leadersas well as the private sector andNon-GovernmentalOrganisations together to focuson relations in trade,investment, security and socialdevelopment.

The prime ministers who satin on Tuesday’s talks said theCommunity was committed tocontinued exploration of thepotential for the establishmentof a regional carrier as well as acommon regional currency.

Privy Council Loses AppealIn Modern Commonwealth

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(“CBA-CF”) in Orlando inMarch 2004. The CBA includesattorneys working both in thepublic and private sectors andpracticing in several areas of thelaw, including but not limited tocriminal and commerciallitigation, administrative, family,immigration, business andcorporate, insurance defense,medical malpractice, real estate,maritime, international, personalinjury, land use/zoning law,among others. CBA is known forits service to the community. Forinformation, emailcbacf@hotmail.com or visitwww.caribbeanbar.org.

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are vigorously researching the issues andsolutions to their respective cases, andsubsequently communicating with otherCLC participants via email and theInternet. Once at the host school,students then meet with other studentparticipants to discuss their findings infurther detail. In addition, students alsodetermine how to organize and presenttheir results to the AG Office the nextday.

The presentation is conducted in panelformat; the first part is the studentpresentations where they present theirfindings and the solutions they havecome up with; and the second part is theAG Office asking questions.

The questions portion of thepresentation is both thought provokingand enlightening as students are asked toexplain their findings and apply them toadditional situations to ensure that theimplications of the solutions theysuggested have been explored.

“The Caribbean Law Clinic affordedus students the opportunity to researchreal issues plaguing Caribbean nationsand present our findings to leaders informal lawmaking and the foremostauthorities on Caribbean law,” saidSchweitzer.

Students Tackle Family Law Issues with International Ramifications

Feature

The Caribbean Law Clinicprovides students with anastonishing opportunity to learn

and experience law in an academic yetpractical setting. “I was fortunate enoughto be a member of the Caribbean LawClinic, which has given me an amazingeducational experience as well asallowed me to make new life longfriends,” said student ElizabethSchweitzer enthusiastically about theexperience.

The spring 2006 semester of theClinic researched the issues involvinginternational custody and support

enforcementcases. “TheClinicprovides auniqueperspective tointernationalproblems andhow theseproblems areviewed bypeople from

different backgrounds and cultures,” saidstudent Amanda Love. Students of theClinic are to research genuine casespresented by the Office of the AttorneyGeneral from the area of the host school.Students are exposed to internationallaw, laws of various nations, and howvarious nations interact with each other.

“We learned a tremendous amountabout Caribbean law and its implicationson U.S. law and vice versa,” saidSchweitzer. Participants of the Cliniccome away with exposure to foreign lawand international law, as well as thepractical aspects of it.

“Due to different educational trainingand resources, you have an opportunityto compare research methods and ideasin a way that you would not be able tootherwise,” said Love about what shefound to be the most memorablecharacteristic of the Clinic. For themonths preceding the presentation to theOffice of the Attorney General, students

By Selina Kang Koonar

Caribbean Law Clinic at Thurgood Marshall School of Law

Elizabeth SweitzerProf. Carol Aina, Norman Manley Schoolof Law, second from left, discusses theissues.

Students from the Caribbean and Americanlaw schools have private session with U.S.Assistant Attorneys.

Participants receive a full briefing through the course of the session with the U.S. Attorney

Page 11

In spring 2006,I had anamazing

opportunity toparticipate in theCaribbean LawClinic (CLC). TheCLC was a greatopportunity for anindividual, such asmyself, who reallywishes tounderstand legalsystems and issuesthat exist in the world today. The CLCprovided me with a platform to learnabout subjects I am very passionateabout, international law and foreignlaw, in a practical setting.

In the spring semester of the CLC,we were given cases from the Office ofthe Attorney General of Texas (AGOffice) as the CLC was hosted by theThurgood Marshall School of Law ofTexas Southern University in Houston,Texas. The AG Office presented uswith cases it was working on involvinginternational custody and supportenforcement cases, primarily enforcing

domestic orders abroad or foreignorders domestically. My particularcase involved the enforcement of childsupport orders from Canada, couldthey be enforced in Texas? The answerwas contingent on a number of factors,specifically what methods were used torender the Canadian judgment and ifthose methods were compatible withU.S. notions of due process. It wasfascinating to research the implicationsand interaction of foreign and domesticlaw.

Additionally, the FCSL Clinicrequired an additional paper whichconcerned matters the Caribbean wasfacing. I wrote on the issue of savingsclauses in Commonwealth Caribbeanconstitutions. Did these savings clauseshinder the development of humanrights at the expense of securingCaribbean culture? Could it bepossible to ensure the development ofboth simultaneously? This was a verythought provoking topic and I reallyenjoyed exploring it. Learning aboutthe development of Caribbeanconstitutions provided me with a betterunderstanding of the development ofconstitutions generally.

An extraordinary characteristic ofthe CLC is that it provides practical

exposure to international law andforeign law. Furthermore, the programprovided me with an opportunity tofurther explore how different countriesthroughout the world address thevarious issues with which they arefaced.

Not only was the CLC a remarkableeducational experience, it also allowedme to learn from and interact withstudents, from both FCSL and otherschools, who share my interests.Having professors and law studentsavailable to discuss Caribbean andinternational law issues is a veryvaluable resource.

One of the main reasons why I choseto study law at FCSL was because it isone of only four schools in the U.S. tooffer this unique program. When I firstdecided to come to law school I waslooking for a unique opportunity tocapture all of my interests under oneumbrella and the CLC provided thatvenue. Gaining practical experience inaddition to learning in a classroomsetting is essential to acquiring a well-rounded legal education. After lawschool, I am hoping to pursue a careerin international law and the CLC wasan excellent means of furthering my“worldly education.”

The Clinic is an exceptionalopportunity for students who areinterested in learning more about diverselegal systems, while at the same timeproviding students an opportunity tointeract with other law students. “Youmeet so many wonderful people from somany different places,” said Love abouther interaction with students from theother law schools.

“We were given the opportunity totravel and meet people from all over theCaribbean and Southern United States!”added Schweitzer.

Caribbean Law Clinic at Thurgood Marshall School of Law......In First Person

Caribbean Law Clinic at Thurgood Marshall School of Law

By Selina Kang Koonar

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Hard at Work...

Selina Kang Koonar

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A Parliamentarian Should Resign When...

The American andCaribbean Law Initiative

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"Advancing thecommon interest of itsmembers in the growthand development of the

Caribbean Basin byfacilitating

collaborativerelationships and by

strengthening its legaldevelopment and

institutions."

By Dana Seethahal, Special to the ACLI News

Commentary

Bahamas, the ministerunder whose portfolio theImmigration Departmentfalls. It appears that hehad approved the grantingof residency status to theinfamous Anna NicoleSmith sometime beforeher death. Subsequentinvestigations by aBahamas daily newspaperrevealed not only that the

approval had come beforethe actual application butalso that the minister andSmith enjoyed whatappeared to be a cosyrelationship.

After days of denyingthat he had done anythingwrong the minister finallyresigned his post in theinterest of the party,according to him.Apparently it was felt thatthe allegations were toodamaging to be sweptaside.

The other matterpertains to a GrenadianOpposition MP, Mr.Kenny Fullerton.

Inflict violenceRecently, reports

flourished in Grenada thathe had inflicted violence

Two resignations inthe last two weeksinvolving Members

of Parliament in differentCARICOM countrieshave brought to the forethe question of when it isdesirable that an MPresigns, especially if hisreputation is in some waytarnished.

Naturally such aquestion can only beanswered by considering(1) what tarnished thereputation and (2) to whatdegree. In that regard letus look at the two recentcases and compare themwith instances where MPsconduct was called intoquestion.

The first matterinvolved a minister in

Bahamas Immigration Minister, ShaneGibson, in an embrace with the lateAnna Nicole Smith. He resigned within a week of publication of thephotographs by the Nassau Guardianand then the Associated Press.

Privy Council Loses AppealIn Modern Commonwealth

LONDON, England (Bloomberg)--Britain’sPrivy Council judges, rulers of overseas disputessince medieval times, received just 71 appeals fromformer colonies and territories last year as theirimportance wanes.

While judges have had the final say on everythingfrom Jamaica’s death penalty to a hydroelectric damin a Belize rainforest, they are being sidelined infavor of the local judiciary, according to figures in aU.K. government analysis on August 14, 2006. Thenumbers have fallen since 2001 when 102 appealsand 58 applications for special leave to appeal werefiled. Last year, 71 appeals and 38 petitions forspecial leave were filed.

Four years ago, New Zealand was the biggestsource of appeals, accounting for 14 of the 103cases filed to the Privy Council. In 2003, the nationvoted to abolish further Privy Council appeals andonly three remain outstanding, the report said.Singapore, Hong Kong, Australia and Malaysia havealso stopped seeking guidance from the court.”It’s inevitable. Basically people are becoming moreindependent,” said Michael Beloff QC, a barrister

by Caroline Byrne, Special to the ACLI News