AuthorTitleCitationSummaryYear
Juan F. Perea AN ESSAY ON THE ICONIC STATUS OF THE CIVIL RIGHTS MOVEMENT AND ITS UNINTENDED CONSEQUENCES 18 Virginia Journal of Social Policy and the Law 44 (Fall 2010) Introduction. 44 I. Understanding the Iconic Status of the Civil Rights Movement. 45 II. The Unintended Consequences of Iconic Status. 48 A. Temporal Problems: The Unintended Consequences of Defining the Proper Period of the Civil Rights Movement. 49 B. Other Problems of Invisibility: How the Stature of the Civil Rights Movement May Impair... 2010
Christine Tamer ARAB AMERICANS, AFFIRMATIVE ACTION, AND A QUEST FOR RACIAL IDENTITY 16 Texas Journal on Civil Liberties & Civil Rights 101 (Fall 2010) I. Introduction. 101 II. The Worst of Both Worlds. 103 A. Post 9-11 Racism, Hate, and Discrimination. 105 B. Discrimination, Racism, and Overt Acts of Hate on Campus. 106 III. Officially White; Realistically Black. 108 A. Check it Right, You Ain't White!. 112 B. The Mark of Blackness. 114 IV. Race-Based Affirmative Action and Why Arab Americans... 2010
Matthew Kekoa Keiley Ensuring Our Future by Protecting Our Past: an Indigenous Reconciliation Approach to Improving Native Hawaiian Burial Protection 33 University of Hawaii Law Review 321 (Winter 2010) The sounds of the uw travel across the ocean on the brisk night wind. As family members assemble around the body, a grieving mother gently whispers the names of those entering the hale into the unhearing ears of the young man. Those gathered spend the night recalling tales of the young man's life; the wailing continues to pierce the heavy night... 2010
Kenneth L. Marcus FIXING THE CIVIL RIGHTS COMMISSION 11 Engage: The Journal of the Federalist Society Practice Groups 9 (March 1, 2010) Several dozen advocacy organizations have recently promoted a high-profile proposal to fix the U.S. Commission on Civil Rights. Their goal is to change the name of the commission to The U.S. Commission on Civil and Human Rights and to authorize the new commission to monitor U.S. compliance with international human rights treaties. At the same... 2010
Courtenay W. Daum, Eric Ishiwata FROM THE MYTH OF FORMAL EQUALITY TO THE POLITICS OF SOCIAL JUSTICE: RACE AND THE LEGAL ATTACK ON NATIVE ENTITLEMENTS 44 Law and Society Review 843 (September/December, 2010) This article examines how the conservative legal movement's successful count-ermobilization of the politics of rights enables U.S. Supreme Court outcomes that exacerbate racial and ethnic inequities while solidifying the privileged position of others in the name of equality. A comparison of two pivotal Supreme Court cases involving native... 2010
Nicholas Buchanan, Massachusetts Institute of Technology Hawaiian Blood: Colonialism and the Politics of Sovereignty and Indigeneity. By J. Kēhaulani Kauanui. Durham, Nc: Duke University Press, 2008.264 Pp. $22.95 Paper 44 Law and Society Review 879 (September/December, 2010) In 1921, the Hawaiian Homes Commission Act (HHCA) defined a native Hawaiian as a descendant with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778 (p. 2). The HHCA set aside 200,000 acres of land and made parcels available to native Hawaiians for long-term leases. In Hawaiian Blood, J. Khaulani... 2010
Jerry Kang IMPLICIT BIAS AND THE PUSHBACK FROM THE LEFT 54 Saint Louis University Law Journal 1139 (Summer 2010) Over the past three decades, the mind sciences have provided remarkable insights about how our brains process social categories. For example, scientists have discovered that implicit biases--in the form of stereotypes and attitudes that we are unaware of, do not consciously intend, and might reject upon conscious self-reflection--exist and have... 2010
Melody Kapilialoha MacKenzie Ka Lama Ku O Ka No'eau: the Standing Torch of Wisdom 33 University of Hawaii Law Review Rev. 3 (Winter 2010) In Hawaiian tradition, admiration for a wise person is expressed using the phrase ka lama ku o ka no'eau, literally meaning the standing torch of wisdom. This is indeed a fitting description of former Hawai'i Supreme Court Chief Justice (CJ) William S. Richardson. Here at the law school that bears his name and especially for those of us who... 2010
Trevor N. Tamashiro Moloka'i: Resurrecting 'Aha Moku on the "Last Hawaiian Island" 12 Asian-Pacific Law and Policy Journal 295 (2010) I. Introduction. 295 II. History of Moloka'i's Rural Lifestyles. 301 III. Centralizing Hawai'i's Government. 306 IV. Racializing Environmental Justice. 309 V. Decentralizing Government in Hawai'i. 311 VI. 'Aha Moku in Hawai'i. 314 VII. Preserving Native Culture and Resources on Moloka'i Rests with Resurrecting 'Aha Moku. 317 VIII. A Case Study:... 2010
R. HōKūlei Lindsey Native Hawaiians and the Ceded Lands Trust: Applying Self-determination as an Alternative to the Equal Protection Analysis 34 American Indian Law Review 223 (2009-2010) And while we sought by peaceful political means to maintain the dignity of the throne, and to advance national feeling among the native people, we never sought to rob any citizen, wherever born, of either property, franchise, or social standing. These are the words of Hawai'i's last reigning monarch, Queen Lili'uokalani. The Queen wrote these... 2010
Travis G. Buchanan ONE COMPANY, TWO WORLDS: THE CASE FOR ALASKA NATIVE CORPORATIONS 27 Alaska Law Review 297 (December, 2010) In light of the recent uproar about participation by Alaska Native Corporations in the 8(a) Small Business Development Program, this Note examines the criticisms of such participation and identifies these criticisms' shortcomings, which the Note argues result from a narrow understanding of ANCs and the 8(a) program. Instead, the Note makes the case... 2010
Natasha Baldauf One-way Track to Desecration: Implications of the Honolulu Rail's Failure to Comply with Protections Mandated for Native Hawaiian Burials 12 Asian-Pacific Law and Policy Journal 141 (2010) Introduction. 142 I. Laying the Foundation: Understanding the Cultural Framework of Iwi And Rail. 146 A. Iwi's Cultural and Historical Significance to Native Hawaiians. 146 B. Continuing Challenges in the Protection of Sacred Sites and Burials. 152 C. Kaka'ako: Ground Zero for Native Hawaiian Burials. 156 D. Basic Overview of Rail Project. 158 II.... 2010
Stewart A. Yerton Procedural Standing and the Hawaii Superferry Decision: How a Surfer, a Paddler, and an Orchid Farmer Aligned Hawaii's Standing Doctrine with Federal Principles 12 Asian-Pacific Law and Policy Journal 330 (2010) Introduction. 331 I. Background. 333 A. Federal Standing Doctrine. 334 1. Injury in fact: Article III standing. 334 2. The zone of interests test: Standing's prudential requirement. 335 3. Standing in federal environmental cases. 337 a. Footnote 7: Justice Scalia articulates procedural standing in dicta. 338 b. Supreme Court disfavors Scalia's... 2010
Rose Cuison Villazor READING BETWEEN THE (BLOOD) LINES 83 Southern California Law Review 473 (March, 2010) Legal scholars and historians have recognized the rule of hypodescent--that one drop of African blood categorized one as Black --as one of the powerful tools that law and society deployed to construct racial identities and deny equal citizenship. Indeed, at least one prominent scholar has suggested that the concept of hypodescent operated as the... 2010
Bethany R. Berger RECONCILING EQUAL PROTECTION AND FEDERAL INDIAN LAW 98 California Law Review 1165 (August, 2010) Federal Indian law and policy, which largely concern the distinct status of Indian individuals and tribes defined in part by descent, increasingly face challenges that they violate equal protection law. This Article argues that such challenges stem from what Professor Philip Frickey has criticized as the seduction of artificial coherence, and... 2010
James H. Pietsch Teaching Elder Law at the University of Hawaii--integrating Health Law and Cultural Issues into the Curriculum 40 Stetson Law Review 263 (Fall 2010) The University of Hawaii Elder Law Clinic students were excited and proud, yet humbled. Seeing a picture of one of their clients on the front page of the Sunday edition of Hawaii's largest newspaper made them realize that what they were doing in class was real. The headline accompanying the picture read: Financial Abuse Huge Issue for Isles'... 2010
Williamson B.C. Chang THE LIFE OF THE LAW IS PERPETUATED IN RIGHTEOUSNESS: THE JURISPRUDENCE OF WILLIAM S. RICHARDSON 33 University of Hawaii Law Review 99 (Winter 2010) In the end, William S. Richardson was hailed as a legal giant. The jurisprudence of the Chief Justice, including the body of property cases he authored for the Hawai'i Supreme Court, was equally acclaimed. During his seventeen years as chief justice he became known for decisions in property law that expanded the beaches and preserved state waters... 2010
Kerry Kumabe THE PUBLIC'S RIGHT OF PARTICIPATION: ATTAINING ENVIRONMENTAL JUSTICE IN HAWAI'I THROUGH DELIBERATIVE DECISIONMAKING 17 Asian American Law Journal 181 (2010) What are the most effective means for attaining environmental justice? Environmental justice scholars such as Craig Anthony Arnold, Eileen Gauna, Luke Cole, and Sheila Foster have long advocated for a proactive strategy that emphasizes public participation in land use planning and regulation, rather than a reactive, post-hoc legal strategy. As the... 2010
Connie de la Vega THE SPECIAL MEASURES MANDATE OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: LESSONS FROM THE UNITED STATES AND SOUTH AFRICA 16 ILSA Journal of International and Comparative Law 627 (Summer, 2010) I. L2-3,T3The Special Measures Standards under CERD and International Law 633. II. L2-3,T3Affirmative Action in the United States 644. A. Demographics. 644 B. The History of Affirmative Action and the Supreme Court's Response in the United States. 651 III. L2-3,T3Affirmative Action in South Africa 659. A. Demographics. 659 B. The History of... 2010
Laura E. Gómez UNDERSTANDING LAW AND RACE AS MUTUALLY CONSTITUTIVE: AN INVITATION TO EXPLORE AN EMERGING FIELD 6 Annual Review of Law and Social Science 487 (2010) racial stratification, social construction of race, colonialism, ideology, social control, critical race theory, race and ethnic relations This article argues that law and race coconstruct each other. The idea that race is socially constructed has become widely accepted, and studies increasingly have explored law's role in shaping racial... 2010
Amanda Lokelani Donlin When All the Khuna Are Gone: Evaluating Hawai'i's Traditional Hawaiian Healers' Law 12 Asian-Pacific Law and Policy Journal 210 (2010) I. Introduction. 211 II. Background. 214 A. Native Hawaiian Health and Khuna in the Pre-Contact Era. 214 B. Native Hawaiian Health and Khuna after 1778. 215 C. Medical Licensure and Khuna: 1865 - 1965. 217 D. Native Hawaiian Health Plight Leads to Recognition of Khuna. 220 E. Hawai'i's Medical Licensure Laws Restrict Khuna Recognition. 222 F.... 2010
Ryan William Nohea Garcia Who Is Hawaiian, What Begets Federal Recognition, and How Much Blood Matters 11 Asian-Pacific Law and Policy Journal 85 (2010) I. Introduction. 86 II. The Akaka Bill. 87 III. Relevant Hawaiian History. 94 A. Settlement of Hawai'i. 95 B. Pre-Western Contact Political Organization. 98 C. Unifying the Kapu Chiefdoms. 99 D. Kamehameha's Unified Kapu Chiefdom. 102 E. Preserving Kamehameha's Unified Kapu-Chiefdom. 104 F. Establishing the Kingdom of Hawai'i. 106 G. Securing... 2010
Richard A. Guest "MOTHERHOOD AND APPLE PIE" 56-APR Federal Lawyer 52 (March/April, 2009) On June 25, 2008, a sharply divided U.S. Supreme Court took another significant step in diminishing the authority of Indian tribes over nonmembers. In a 5-4 decision in Plains Commerce Bank v. Long Family Land & Cattle Co., 128 S. Ct. 2709 (2008), the Court held that the Cheyenne River Sioux Tribal Court does not have jurisdiction over a... 2009
Konrad Ng A Conversation about Asian Pacific America and President Barack Obama: Interview with Dr. Konrad Ng 16 Asian American Law Journal 197 (2009) When Dr. Konrad Ng met his future wife (and President Barack Obama's sister), Maya Soetero, in 2002, he had already carved out a place for himself in the dynamic field of Asian cultural studies. Today, he pursues his intellectual art as an assistant professor at the Academy for Creative Media (ACM) of the University of Hawaii at Manoa (UHM). His... 2009
  Alienation of Hawaiian Land 123 Harvard Law Review 302 (November, 2009) In recent years, the United States has apologized for some of the unfortunate aspects of its history. Since 1988, Congress has passed resolutions apologizing for the internment of Japanese-Americans, for the U.S. role in overthrowing the Kingdom of Hawaii, and for slavery and racial segregation. A proposed congressional apology to Native Americans... 2009
  ANNOTATED LEGAL BIBLIOGRAPHY ON GENDER 15 Cardozo Journal of Law & Gender 721 (Spring 2009) Abortion and Reproductive Rights. 722 Bioethics. 727 Children and Immigration. 727 Children and Teenagers. 729 Domestic Violence. 736 Education. 739 Family. 742 Gender and Violence. 744 Gender Bias. 745 Health. 746 History & Culture. 748 Human Rights. 748 Immigration. 749 LGBT Rights. 753 Marriage. 757 Parenting. 760 Race and Gender. 766 Religion.... 2009
Philip C. Aka , Lucinda M. Deason CULTURALLY COMPETENT PUBLIC SERVICES AND ENGLISH-ONLY LAWS 53 Howard Law Journal 53 (Fall 2009) I. INTRODUCTION AND PURPOSE OF STUDY. 56 II. MANIFESTATIONS OF ENGLISH-ONLY LAWS. 60 A. English-Only Laws at all Three Levels of the U.S. Political System. 61 1. National Level. 61 2. State Level. 64 3. Local Level. 66 B. English-Only Includes Laws of Supposedly Symbolic Value. 68 C. Summation. 69 III. LIMITED ENGLISH PROFICIENCY POPULATIONS IN THE... 2009
Joseph Tucci, Zsaleh Harivandi, Lauren Buechner Hawaii V. Office of Hawaiian Affairs (07-1372) 56-MAY Federal Lawyer 66 (May, 2009) In 1993, the U.S. Congress and the President adopted a resolution--known as the Apology Resolution--in which the United States apologized for its role in the overthrow of the Kingdom of Hawaii in 1893. Shortly thereafter, the Office of Hawaiian Affairs (OHA) sought to enjoin a residential development on the Leiali'i land parcel, whose land was... 2009
Lahela Hiapola'ela'e Farrington Hite Maka'ala Ke Kanaka Kahea Manu: Examining a Potential Adjustment of Kamehameha Schools' Tuition Policy 32 University of Hawaii Law Review 237 (Winter 2009) In 1893, a group of civilians, supported by the full power of the United States Navy and the United States Minister to the Kingdom of Hawai'i, successfully overthrew the Hawaiian monarchy. This coup d'etat ushered in over a century of hardship and deprivation for the Native Hawaiians. Kamehameha Schools is one of the few remaining institutions... 2009
Andrew R. Carl Method Is Irrelevant: Allowing Native Hawaiian Traditional and Customary Subsistence Fishing to Thrive 32 University of Hawaii Law Review 203 (Winter 2009) In 2002, the Circuit Court of the Third Circuit of the State of Hawai'i, in Kelly v. 1250 Oceanside Partners, concluded as a matter of law that: Method is relevant to claimed traditional and customary rights. Fishing and gathering practices lose their traditional and customary nature when performed with modern technology that: (a) substantially... 2009
Rebecca Tsosie NATIVE NATIONS AND MUSEUMS: DEVELOPING AN INSTITUTIONAL FRAMEWORK FOR CULTURAL SOVEREIGNTY 45 Tulsa Law Review 3 (Fall 2009) One of the central functions of the modern Museum is to create exhibits that portray diverse cultures through various time periods, thereby introducing peoples to one another in the absence of a more personal interaction. There is an entire conversation about the ethics of such portrayals and the role of curators as interpreters of history,... 2009
Kevin Brown NOW IS THE APPROPRIATE TIME FOR SELECTIVE HIGHER EDUCATION PROGRAMS TO COLLECT RACIAL AND ETHNIC DATA ON ITS BLACK APPLICANTS AND STUDENTS 34 Thurgood Marshall Law Review 287 (Spring, 2009) In Parents Involved in Community Schools v. Seattle School District No. 1, all of the Justices reaffirmed their commitment to the 2003 higher education affirmative action decision in Grutter v. Bollinger. Grutter was clearly a victory for affirmative action in higher education. In Grutter, the Court concluded that the affirmative action policy... 2009
Julie China Public Trust Lands in Hawaii 56-JUN Federal Lawyer Law. 4 (June, 2009) On March 31, 2009, a unanimous Supreme Court of the United States rejected claims by the Office of Hawaiian Affairs (OHA) that a congressional apology stripped the state of Hawaii's sovereign authority to transfer public trust lands. The constitution of the state of Hawaii provides that The lands granted to the State of Hawaii by Section 5(b) of... 2009
Daniel Stearsman, Pharm.D. , College of Medicine, University of South Florida, Tampa, FL RACE AND ETHNICITY: BIDIL AT THE INTERSECTION OF HEALTH DISPARITIES, PHARMACOTHERAPY, AND LAW 22 Health Lawyer 14 (October, 2009) From the larger public sphere to the intimacy of the small clinic, debates on race and ethnicity are as lively as ever. Both clinicians and patients wrestle with meaning in race and ethnicity. Clinicians are surrounded by myriads of race-specific information streaming from multiple disciplines to weigh in imparting meaningful clinical judgments to... 2009
Jonathan Kahn RACE, GENES, AND JUSTICE: A CALL TO REFORM THE PRESENTATION OF FORENSIC DNA EVIDENCE IN CRIMINAL TRIALS 74 Brooklyn Law Review 325 (Winter, 2009) How and when, if at all, is it appropriate to use race in presenting forensic DNA evidence in a court of law? In October 2002, a California jury convicted William Curtis Wilson of first degree murder with use of a dangerous weapon during commission of an attempted rape and a lewd act upon a child. The court sentenced him to a term of life in... 2009
Bethany R. Berger RED: RACISM AND THE AMERICAN INDIAN 56 UCLA Law Review 591 (February, 2009) How does racism work in American Indian law and policy? Scholarship on the subject too often has assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of black-white racism, such as uses of blood quantum, as evidence of racism, or has emphasized the... 2009
Eric K. Yamamoto , Ashley Kaiao Obrey Reframing Redress: a "Social Healing Through Justice" Approach to United States-native Hawaiian and Japan-ainu Reconciliation Initiatives 16 Asian American Law Journal L.J. 5 (2009) One billion dollars and an apology: reparations by the United States government for 60,000 surviving Americans of Japanese ancestry imprisoned during World War II without charges, trial, or evidence of necessity. Redress for lost homes, families, and freedom, for serious harm inflicted by a government on its own people on account of their race. The... 2009
by Margaret Robison Kantlelmer State of Hawaii et Al. 36 No. 5 Preview of United States Supreme Court Cases 328 (February 23, 2009) In the Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893, Overthrow of the Kingdom of Hawaii. Congress acknowledged and apologized for the United States' role in that overthrow. Now the Supreme Court has agreed to review whether this resolution strips Hawaii of its authority to sell, exchange, or transfer 1.2 million... 2009
David Keanu Sai A Slippery Path Towards Hawaiian Indigeneity: an Analysis and Comparison Between Hawaiian State Sovereignty and Hawaiian Indigeneity and its Use and Practice in Hawai'i Today 10 Journal of Law & Social Challenges 68 (Fall 2008) On January 17, 2007, a bill was re-introduced in the U.S. Senate to grant tribal sovereignty to Native Hawaiians as the indigenous people of Hawai'i, a similar status afforded Native American tribes on the continental United States. The difference, however, is that Native Hawaiians were citizens of an internationally recognized sovereign State,... 2008
Paul M. Sullivan A VERY DURABLE MYTH: A CRITICAL COMMENTARY ON JON VAN DYKE'S WHO OWNS THE CROWN LANDS OF HAWAI'I? 31 University of Hawaii Law Review 341 (Winter 2008) The title question of Professor Jon Van Dyke's recent book Who Owns the Crown Lands of Hawai'i does not require a book to answer. The answer is simple and not seriously contested, even in Professor Van Dyke's book. Some of the Crown Lands with which the book is concerned are owned by the United States Government, and the rest are owned by the State... 2008
Natsu Taylor Saito AT THE HEART OF THE LAW: REMEDIES FOR MASSIVE WRONGS 27 Review of Litigation 281 (Winter 2008) I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300 2008
D. Kapua‘ala Sproat Avoiding Trouble in Paradise 18-DEC Business Law Today 29 (November/December, 2008) Whether you are a Kanaka Maoli (Native Hawaiian) whose ancestors have inhabited these islands since time immemorial or a first-time visitor, it doesn't take long to understand that things in Hawaii are unique. The law is no exception. The sooner one understands Hawaii's indigenous culture and legal framework, the easier things are--especially for... 2008
Rose Cuison Villazor BLOOD QUANTUM LAND LAWS AND THE RACE VERSUS POLITICAL IDENTITY DILEMMA 96 California Law Review 801 (June, 2008) Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms along a racial versus political paradigm. This dichotomy may be traced to Morton v. Mancari and, more recently, to Rice v. Cayetano. In Mancari, the Supreme Court held that laws that privilege members of American Indian... 2008
Donald A. Thompson Brown V. Kamehameha Schools: an Instrumental Critique of Remedial Self-segregation in Private Education 81 Southern California Law Review 831 (May, 2008) The law contemplates not only that all shall be taught, but that all shall be taught together. . . . The school is the little world where the child is trained for the larger world of life. - Charles Sumner The Kamehameha Schools are a series of private, nonprofit, nonsectarian campuses interspersed throughout the Hawaiian Islands. Founded in the... 2008
Dr. Julie Ringelheim COLLECTING RACIAL OR ETHNIC DATA FOR ANTIDISCRIMINATION POLICIES: A U.S.-EUROPE COMPARISON 10 Rutgers Race & the Law Review 39 (Special Edition 2008) With the 1997 Treaty of Amsterdam, a new Article 13 was inserted in the Treaty of Rome, conferring on the European Community the competence to take action to combat discrimination based not only on sex, but also on racial or ethnic origin, religious belief, disability, age, and sexual orientation. This marked a turning point for the European... 2008
Judge David Alan Ezra DOE V. KAMEHAMEHA SCHOOLS: A "DISCRETE AND INSULAR MINORITY" IN HAWAI'I SEVENTY YEARS AFTER CAROLENE PRODUCTS? 30 University of Hawaii Law Review 295 (Summer, 2008) In 1938, Justice Harlan Fiske Stone laid the groundwork for much of the Supreme Court's later elaboration on the Equal Protection Clause in the now-famous footnote four of United States v. Carolene Products Co., observing that a more searching equal protection review might be appropriate when legislation appears on its face to be within a specific... 2008
Eric Grant DOE V. KAMEHAMEHA SCHOOLS: THE UNDISCOVERED OPINION 30 University of Hawaii Law Review 355 (Summer, 2008) Contrary to the expectations of many, Doe v. Kamehameha Schools ended not with a bang but with a whimper. On May 11, 2007, after nearly four years of hard-fought, high-profile litigation, the case settled on what was very likely the day after the United States Supreme Court had acted on plaintiff John Doe's petition for certiorari. By causing that... 2008
Kekailoa Perry , Jon Kamakawiwoole Osorio HONORING THE LAW AND RESTORING A NATION 31 University of Hawaii Law Review 331 (Winter 2008) Professor Van Dyke's book is one of those unusual literary works that has all of the elements of good scholarship-solid research, a clear focus, rational and credible theory as well as a compassionate approach to a significant issue for the indigenous people of Hawai'i-and still ends up being a pretty fair disappointment. While acknowledging that... 2008
Wayne Tanaka Ho'ohana Aku, Ho'ōla Aku: First Steps to Averting the Tragedy of the Commons in Hawai'i's Nearshore Fisheries 10 Asian-Pacific Law and Policy Journal 235 (2008) I. Introduction. 236 II. Background. 240 A. The Traditional Ancient Hawaiian Treatment and Regulation of Fisheries. 240 1. Fishing as Necessity, Sport, and Religious Activity. 240 2. The Traditional Hawaiian Fisheries Management Regime: Kapu and Communal Understanding. 243 a. Directed Stewardship Under the Kapu System. 243 b. Collaborative... 2008
Alfred L. Brophy How Missionaries Thought: about Property Law, for Instance 30 University of Hawaii Law Review 373 (Summer, 2008) How Missionaries Thought: About Property Law, For Instance looks to a limited set of data-the writings of missionaries to Hawai'i in the antebellum era-as a gauge of American attitudes towards property more generally. Those writings analogize Hawaiian property law to feudalism, which interfered with alienability of land and left many dependent on... 2008
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