| Author | Title | Citation | Summary | Year |
| Breann Swann Nu'uhiwa |
Government of the People, by the People, for the People: Cultural Sovereignty, Civil Rights, and Good Native Hawaiian Governance |
14 Asian-Pacific Law and Policy Journal 57 (2013) |
I.. Introduction 58 II.. Cultural Sovereignty 62 III.. Civil Rights in Native Hawaiian History and Tradition 65 A. Civil Rights Prior to Contact 66 B. The Displacement of Kuleana 69 C. The Native Hawaiian Response 73 D. The Persistence of Traditional Values in Contemporary Native Hawaiian Society 75 IV.. Federal Expectations Regarding Native... |
2013 |
| Donna S. Salcedo |
Hawaiian Land Disputes: How the Uncertainty of the Native Hawaiian Indigenous Tribal Status Exacerbates the Need for Mediation |
14 Cardozo Journal of Conflict Resolution 557 (Winter 2013) |
Many people see the Hawaiian Islands as a paradise in the Pacific Ocean. However, most are unaware that history has left an unpleasant and permanent scar on the original inhabitants of the islands, the Native Hawaiians. It is often forgotten that the islands were once ruled by its monarchy. In fact, the Hawaiian Kingdom was not overthrown until... |
2013 |
| Benjamin Thomas Greer |
HIDING BEHIND TRIBAL SOVEREIGNTY: ROOTING OUT HUMAN TRAFFICKING IN INDIAN COUNTRY |
16 Journal of Gender, Race and Justice 453 (Spring 2013) |
The white man's police have protected us only as well as the feathers of a bird protect it from the frosts of winter. Crowfoot, Blackfeet Chief Future generations will not excuse those who turn a blind eye to [human trafficking]. United States Secretary of State, Condoleezza Rice Native Americans are a profoundly strong and proud, however insular,... |
2013 |
| W. Neil Gowensmith , Daniel C. Murrie , Marcus T. Boccaccini , University of Denver, University of Virginia, Sam Houston State University |
How Reliable Are Forensic Evaluations of Legal Sanity? |
37 Law and Human Behavior 98 (2013) |
When different clinicians evaluate the same criminal defendant's legal sanity, do they reach the same conclusion? Because Hawaii law requires multiple, independent evaluations when questions about legal sanity arise. Hawaii allows for the first contemporary study of the reliability of legal sanity opinions in routine practice in the United States.... |
2013 |
| Alex M. Johnson, Jr. |
INCLUDING DIVERSITY IN U.S. NEWS' RANKINGS: ONE SMALL STEP IN THE RIGHT DIRECTION |
27 Journal of Civil Rights & Economic Development 167 (Fall, 2013) |
Robert Morse, director of data research at U.S. News & World Report, is the principal architect of that magazine's annual ranking project: America's Best Graduate Schools which ranks American Bar Association (ABA) accredited law schools (the rankings). U.S. News & World Report (U.S. News) has been publishing the rankings since 1990 and Mr. Morse... |
2013 |
| Richard B. Collins |
NEVER CONSTRUED TO THEIR PREJUDICE: IN HONOR OF DAVID GETCHES |
84 University of Colorado Law Review 1 (Winter, 2013) |
This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging... |
2013 |
| Bianca Isaki |
State Conservation as Settler Colonial Governance at Ka'ena Point, Hawai'i |
3 Barry University Environmental and Earth Law Journal 57 (2013) |
This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a predator-proof fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka'ena Point, a state... |
2013 |
| Marie Kyle |
The "Four Great Waters" Case: an Important Expansion of Wai'°3bahole Ditch and the Public Trust Doctrine |
17 University of Denver Water Law Review 21 (Fall 2013) |
Introduction. 21 I. Background: History and Development of Water Rights in Hawaii. 23 A. The Ancient Hawaiian System of Water. 24 B. Private Ownership in Water. 24 C. A Shift to Public Ownership of Water: Judicial, Constitutional and Statutory Adoption of the Public Trust. 25 II. The Four Great Waters Case. 28 A. History of Diversions in the Na... |
2013 |
| Christopher D. Hu |
Transplanting Servitude: the Strange History of Hawai'i's U.s.-inspired Contract Labor Law |
49 Stanford Journal of International Law 274 (Winter 2013) |
In 1850, as a part of a larger program of Western-influenced legal reform, the independent Kingdom of Hawaii passed a contract labor statute adapted from existing U.S. state laws to meet the perceived need for a reliable plantation labor force. For the next five decades, this statute--the Masters and Servants Act--served as the legal foundation... |
2013 |
| Jocelyn Jenks , Jacquelyn Amour Jampolsky |
WINNER, BEST APPELLATE BRIEF IN THE 2012 NATIVE AMERICAN LAW STUDENT ASSOCIATION MOOT COURT COMPETITION |
37 American Indian Law Review 323 (2012-2013) |
The Native Molokinians are the original inhabitants of Molokini. (Problem ¶ 1.) They are the only Native group within the Pacific Islands and they currently make up the state of Molokini. (Id.) Since time immemorial, the Native Molokinians have been self-governing and have a highly sophisticated form of government. (Id.) In the early seventeenth... |
2013 |
| Eric K. Yamamoto , Kanoelani Pu'uohau |
A Modest Proposal for Determining Class Member Damages: Aggregation and Extrapolation in the Kalima V. State Breach of Homelands Trust Class Action |
34 University of Hawaii Law Review Rev. 1 (Winter, 2012) |
PROLOGUE. 2 I. INTRODUCTION. 3 II. HISTORICAL OVERVIEW OF THE HAWAIIAN HOMELANDS TRUST. 7 A. Federal Government Attempts to Rehabilitate Native Hawaiians Through the Hawaiian Homes Commission Act. 7 B. Hawaiian Homelands Trust is Transferred to the State of Hawai'i. 10 C. Persistent Breaches Lead to a Broken Trust. 10 D. State Attempts to Repair... |
2012 |
| Roxanne Melvin |
COMMENT: OPEN DOOR TO PHARMACEUTICAL SHORTCUTS: HOW THE FDA CAN REGULATE RACE-BASED PERSONALIZED MEDICINE |
6 Health Law & Policy Brief 25 (Spring, 2012) |
On September 27, 2011 the UC Berkeley College Republicans hosted a bake sale that was splashed across headlines. This sensational bake sale had a slightly different pricing scheme from the average bake sale: prices ranged from two dollars for white men to twenty-five cents for Native Americans. If you were not in attendance for the uproar leading... |
2012 |
| W. Neil Gowensmith, Daniel C. Murrie, Marcus T. Boccaccini, Forensic Services, Adult Mental Health Division, University of Virginia, Sam Houston State University |
Field Reliability of Competence to Stand Trial Opinions: How Often Do Evaluators Agree, and What Do Judges Decide When Evaluators Disagree? |
36 Law and Human Behavior 130 (2012) |
Despite many studies that examine the reliability of competence to stand trial (CST) evaluations, few shed light on field reliability, or agreement among forensic evaluators in routine practice. We reviewed 216 cases from Hawaii, which requires three separate evaluations from independent clinicians for each felony defendant referred for CST... |
2012 |
| Melody Kapilialoha MacKenzie |
Hali'a Aloha: a Tribute to Jon M. Van Dyke |
34 University of Hawaii Law Review 369 (Spring, 2012) |
I was very privileged to have known and worked with Jon M. Van Dyke for more than thirty-five years on many issues affecting the Hawaiian community. Jon stood so strongly for justice. He was not afraid to speak out and express his opinions, but always did so with respect and aloha for others. Soon after Jon came to Hawai'i in 1976, he began his... |
2012 |
| Todd Dickenson |
Hawaiian Burial Rights: the Regrettable Burial of a Rich Cultural History Beneath Urban Development |
5 Phoenix Law Review 811 (Summer 2012) |
I. Introduction. 811 II. Native Hawaiian Burial Practices. 813 A. Native Hawaiian Cultural Beliefs. 813 B. Burial Desecration. 814 C. Current Burial Laws. 817 1. Historic Preservation. 817 2. Administrative Rules. 819 3. Offenses Against Public Order. 821 III. The Burial Laws Laid to Rest While the N Iwi Are Being Exhumed. 822 A. Honokahua,... |
2012 |
| |
Historic Preservation Hawaii |
64 Planning & Environmental Law 356 (November, 2012) |
The Honolulu High Capacity Transit Corridor Project involves construction, in four phases, of an approximately 20-mile rail system from West Oahu to Ala Moana Center. The project's 2010 final Environmental Impact Statement (EIS) indicated that four alternatives were considered, concluded that the Fixed Guideway Alternative performed better at... |
2012 |
| Roel Mangiliman , Myron Dean Quon |
In the Margins: How Mainstream Legal Advocacy Strategies Fail to Fully Assist Asian American, Native Hawaiian, and Pacific Islander Lgbt Youth |
19 Asian American Law Journal L.J. 5 (2012) |
Introduction: Charlene Nguon. 6 I. Who are Asian American, Native Hawaiian, and Pacific Islander Lesbian Gay Bisexual Transgender Youth?. 9 A. Demographics. 10 B. Racism and Homophobia. 12 II. Mainstream Legal Strategies. 14 A. LGBT Legal Strategies. 14 B. APA Legal Strategies. 16 III. How Mainstream Legal Strategies Fail To Empower APA LGBT Youth.... |
2012 |
| Nilufer Oral |
Jon Van Dyke: a Personal Reflection from Turkey |
34 University of Hawaii Law Review 411 (Spring, 2012) |
I first met Jon in 2001 during a symposium in Istanbul on regional seas. Among the many participants at the meeting Jon left a special impression on me, one that was more than an intellectual admiration. Jon had a sincere modesty and friendliness that was only accentuated by his trademark Hawaiian print shirt. I had no idea then that ten years... |
2012 |
| Associate Justice Sabrina S. McKenna |
Jon Van Dyke: Professor, Colleague, Attorney, Friend |
34 University of Hawaii Law Review 387 (Spring, 2012) |
Jon Van Dyke will undoubtedly be remembered for his role in shaping Hawaii's history-a history he embraced and protected through his work and personal passion. I had the privilege of knowing Jon Van Dyke as professor, colleague, attorney, and friend. Professor Van Dyke taught the required Constitutional Law I course during the fall semester of my... |
2012 |
| Williamson B.C. Chang |
JUDICIAL TAKINGS: ROBINSON v. ARIYOSHI REVISITED |
21 Widener Law Journal 655 (2012) |
The Hawai'i experience in terms of judicial takings is of national significance. The concept of a judicial taking--namely, where a state supreme court by retroactively overruling prior precedent allegedly takes vested rights in violation of the United States Constitution--was first held to be a valid claim by a federal district court in Hawai'i.... |
2012 |
| Melody Kapilialoha MacKenzie |
Ke Ala Loa - the Long Road: Native Hawaiian Sovereignty and the State of Hawai'i |
47 Tulsa Law Review 621 (Spring 2012) |
I. Introduction. 622 II. The Genesis of the Native Hawaiian-State Relationship. 624 A. The 1893 Overthrow of the Hawaiian Kingdom. 625 B. Annexation and the Ceded Lands. 626 C. The Hawaiian Homes Commission Act. 628 D. Statehood and the Admission Act. 630 E. 1978 State Constitutional Amendments. 632 III. Recent Controversies in the Native... |
2012 |
| Christine Zuni Cruz |
LINES OF TRIBE |
22 Berkeley La Raza Law Journal 77 (2012) |
I. Introduction. 78 A. Lines of Tribe. 78 B. Color Spectrums, Quantum Theory, and Performance of Identity. 78 C. Escaping the Law of White Space. 79 II. Indigenous Identity. 80 A. Race and Color Spectrum. 80 B. External Operation-Complexity of Mixture and Race Traitors. 82 C. Internal Operation-Complexity, Red Privilege, and Purity Myths. 83... |
2012 |
| D. Kapua'ala Sproat |
Mau Loa: a Tribute to Jon Markham Van Dyke |
34 University of Hawaii Law Review 379 (Spring, 2012) |
In 1995, my husband Kahikkal Hoe helped compose Oli Kuamo'o, a traditional Hawaiian chant to honor the voyaging canoe Hokule'a as it returned home to Hakipu'u after traveling the Pacific. This oli is a call to action. It describes the past, present, and future, and explains that although our stories will always be intertwined, the times are... |
2012 |
| E. Sunny Greer |
Na Wai E Ho'ōla I N Iwi? Who Will Save the Bones: Native Hawaiians and the Native American Graves Protection and Repatriation Act |
14 Asian-Pacific Law and Policy Journal 33 (2012) |
Introduction. 34 I. A Mo'olelo of Two Queens. 36 II. The Native Hawaiian Repatriation Movement. 39 III. NAGPRA and Museum Collections. 41 IV. NAGPRA and the Military In Hawai'i. 42 V. NAGPRA and Tribal Lands in Hawai'i. 44 VI. A Tale of Two NAGPRA Cases in Hawai'i. 45 VII. Conclusion. 50 |
2012 |
| Mary K. Nagle |
NOTHING TO TRUST: THE UNCONSTITUTIONAL ORIGINS OF THE POST-DAWES ACT TRUST DOCTRINE |
48 Tulsa Law Review 63 (Summer 2012) |
Most Americans today are aware that the vast majority of the lands in the United States were acquired from Native Americans. Although Americans know that the United States took Indian lands, most Americans have no idea how this taking was fully accomplished--nor do they understand how the taking was ever legally justified. Indeed, numerous legal... |
2012 |
| Freya Ray |
PRESERVING INDIAN PREFERENCE FOR NATIVE AMERICAN SELF-GOVERNANCE |
36 American Indian Law Review 223 (2012) |
Viewing the results of [the U.S. guardianship over Indian wards], it is difficult for me to speak dispassionately. I shall not ask my colleagues to examine in detail a certain page of history upon which no American may gaze with feeling of pride. Suffice it to say that it reveals an almost uninterrupted succession of broken treaties and promises,... |
2012 |
| Nicole Manglona Torres |
SELF-DETERMINATION CHALLENGES TO VOTER CLASSIFICATIONS IN THE MARIANAS AFTER RICE v. CAYETANO: A CALL FOR A CONGRESSIONAL DECLARATION OF TERRITORIAL PRINCIPLES |
14 Asian-Pacific Law and Policy Journal 152 (2012) |
Introduction. 153 I. Historical Background: The Political Evolution of the CNMI and Guam. 159 A. The Case of the CNMI and Article XII. 160 B. The Case of Guam and the Political Status Plebiscite. 165 II. Current Challenges to Voter Classifications in the CNMI and Guam. 170 A. The CNMI's NMD Voter Classification. 173 B. Guam's Native Inhabitants... |
2012 |
| Justin Lee |
The Curious Case of Land Inheritance: Metaphor and Hawaiian Land Tenure |
13 Asian-Pacific Law and Policy Journal 252 (2012) |
I. Introduction. 252 A. Keelikolani v. Robinson. 255 1. Keelikolani v. Robinson I. 256 2. Keelikolani v. Robinson II. 256 a. First Cause of Demurrer. 257 b. Second Cause of Demurrer. 258 3. Keelikolani v. Robinson III. 259 II. The Curious Case of Land Inheritance. 262 B. Reconciling Land Inheritance as a Custom or Practice. 264 C. Reconciling Land... |
2012 |
| Adam Roversi |
The Hawaiian Land Hui Movement: a Post-mhele Counter-revolution in Land Tenure and Community Resource Management |
34 University of Hawaii Law Review 557 (Spring, 2012) |
I. Introduction. 558 II. The Hui Concept: Melding Hawaiian Tradition and Private Property. 562 III. Pre-Mahele Understanding of Property. 565 IV. How the Mahele Restructured the Relationship of Maka'ainana to the Land. 566 V. Fighting Back: The Hui Movement and the Preservation of Kuleana Rights. 571 A. The Formation of the Wainiha Hui. 572 B. The... |
2012 |
| Alison Rieser |
The Papahnaumokukea Precedent: Ecosystem-scale Marine Protected Areas in the Eez |
13 Asian-Pacific Law and Policy Journal 210 (2012) |
L1-2Introduction . L3210 I. Marine Protected Areas and the Law of the Sea Convention. 215 II. Papahnaumokukea Marine National Monument. 219 A. The Unique Qualities of the Northwestern Hawaiian Islands. 220 B. U.S. Jurisdiction and Management at the NWHI. 225 C. International Scope of the Papahnaumokukea Marine National Monument. 232 D. The 2009... |
2012 |
| Kimani Paul-Emile |
THE REGULATION OF RACE IN SCIENCE |
80 George Washington Law Review 1115 (June 1, 2012) |
The overwhelming majority of biological scientists agree that there is no such thing as race among modern humans. Yet, scientists regularly deploy race in their studies, and federal laws and regulations currently mandate the use of racial categories in biomedical research. Legal commentators have tried to make sense of this paradox primarily by... |
2012 |
| E. Kumau Pineda-Akiona |
The Wash of the Waves: How the Stroke of a Pen Recharacterized Accreted Lands as Public Property |
34 University of Hawaii Law Review 525 (Spring, 2012) |
Hawaii's state-owned beaches are open to the public to engage in everything from recreation to important cultural activities. Many Hawai'i residents view the beach as a lifeline that makes possible a multitude of enjoyable hobbies such as fishing, surfing, and swimming. Littoral property owners also have the right to enjoy their property that... |
2012 |
| Derek H. Kauanoe , Breann Swann Nu'uhiwa |
We Are Who We Thought We Were: Congress' Authority to Recognize a Native Hawaiian Polity United by Common Descent |
13 Asian-Pacific Law and Policy Journal 117 (2012) |
L1-2Introduction . L3118 A. Missing Context, Invented Concepts, and Misrepresentations. 120 I. Framing the Issue. 124 A. Native (Cultural) Sovereignty Framework. 125 1. Cultural Sovereignty. 125 2. The Role of Political Sovereignty. 126 3. The Native Sovereignty Framework. 127 II. The Power to Define the People. 128 A. Locating Cultural... |
2012 |
| Michelle Bryan Mudd |
A "Constant and Difficult Task": Making Local Land Use Decisions in States with a Constitutional Right to a Healthful Environment |
38 Ecology Law Quarterly L.Q. 1 (2011) |
This Article examines the role local governments play in four states that have constitutional rights to a healthful environment--Illinois, Pennsylvania, Montana, and Hawaii. Scholars such as John R. Nolon and Patricia E. Salkin have long noted that local governments work as quiet yet integral third partners with state and federal government by... |
2011 |
| Alaina R. Walker |
CHOOSING TO BE MULTIRACIAL IN AMERICA: THE SOCIOPOLITICAL IMPLICATIONS OF THE "CHECK ALL THAT APPLY" APPROACH TO RACE ADOPTED IN THE 2000 U.S. CENSUS |
21 Berkeley La Raza Law Journal 61 (2011) |
The personal is political. Race in America has long been a contentious subject, especially when the government has been involved. Race can mean something different to everyone, and yet, it is widely understood as having real implications and consequences. Many scholars understand that race is a social construct[:] a social artifact, which... |
2011 |
| Susan K. Serrano |
Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity |
20 Southern California Review of Law & Social Justice 353 (Summer 2011) |
At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... |
2011 |
| Eric K. Yamamoto , Sara D. Ayabe |
Courts in the "Age of Reconciliation": Office of Hawaiian Affairs V. Hcdch |
33 University of Hawaii Law Review 503 (Summer, 2011) |
To heal the persisting wounds of historic injustice, governments, communities, and civil and human rights groups throughout the world are shaping redress initiatives around some form of reconciliation. Many of the initiatives are salutary. All are fraught with challenges. In Asia, Japan reluctantly faces continuing demands from victims of its World... |
2011 |
| Jeannin-Melissa Kapuakawekiu Russo |
How to Remedy the Nagpra's Unintended Effect on Hawai'i after Brown V. Hawaii |
12 Asian-Pacific Law and Policy Journal 186 (2011) |
Introduction. 187 I. The Holding's Impact. 188 II. The Governing Laws. 189 A. Hawai'i Revised Statutes Chapter 6E. 189 1. Previously Identified Remains. 190 2. Inadvertent Discovery Remains. 191 3. Island Burial Councils. 192 B. Native American Graves Protection and Repatriation Act. 192 1. Criminalizing the Trafficking of Human Remains. 195 2.... |
2011 |
| Elena Bryant |
INNOVATION OR DEGRADATION?: AN ANALYSIS OF HAWAI'I'S CULTURAL IMPACT ASSESSMENT PROCESS AS A VEHICLE OF ENVIRONMENTAL JUSTICE FOR KNAKA MAOLI |
13 Asian-Pacific Law and Policy Journal 230 (2011) |
Introduction. 231 I. Providing a Framework: Environmental Justice for Knaka Maoli Communities. 235 A. Incorporating Environmental Justice into Hawai'i's EIS Process: Racializing Environmental Justice. 236 B. Defining the Injustice. 238 C. The Enactment of Natural and Cultural Resource Protections as a Mechanism for Restorative Justice for Knaka... |
2011 |
| Melody Kapilialoha MacKenzie |
Ke Ala Pono - the Path of Justice: the Moon Court's Native Hawaiian Rights Decisions |
33 University of Hawaii Law Review 447 (Summer, 2011) |
In the fall of 2008, hundreds of Native Hawaiians and their supporters lined the streets near the Hawai'i State Capitol wearing red T-shirts with the words K I Ka Pono printed across the front and holding signs reading, Justice for Hawaiians and Ceded Lands Are Stolen Lands. The demonstrators were showing their support for a unanimous opinion... |
2011 |
| Ralph D. Mawdsley, J.D., Ph.D. |
LANGUAGE AND CULTURE RESTRICTIONS IN K–12 NONPUBLIC SCHOOLS: EXPLORING THE REACH OF FEDERAL NONDISCRIMINATION LAW |
270 West's Education Law Reporter 21 (September 29, 2011) |
Of the approximately 5,000,000 students in the U.S. attending nonpublic schools, 80 percent of these students attend sectarian schools. Because of the manner in which federal nondiscrimination statutes are written or are interpreted, students or employees in some of these schools may find themselves excluded from protection under certain federal... |
2011 |
| Gertrude Block |
Language for Lawyers |
58-JAN Federal Lawyer 43 (January, 2011) |
Q: Attorney Kevin O'Grady, who sent this illustration of confusing grammar, wrote, It dismays me to see in our only print newspaper many simple grammatical errors that cause confusion about the meaning. He sent as an illustration the following from a news article: Kahoolawe was a place where native Hawaiians were instructed in navigation by... |
2011 |
| Kevin Brown |
SHOULD BLACK IMMIGRANTS BE FAVORED OVER BLACK HISPANICS AND BLACK MULTIRACIALS IN THE ADMISSIONS PROCESSES OF SELECTIVE HIGHER EDUCATION PROGRAMS? |
54 Howard Law Journal 255 (Winter 2011) |
INTRODUCTION. 256 I. EFFORTS TO STANDARDIZE THE COLLECTION OF DATA ON RACE AND ETHNICITY IN THE 1970s: ADOPTION OF DIRECTIVE 15. 266 II. ADOPTION OF THE 1997 REVISED STANDARDS. 272 A. Need to Revise Directive 15. 272 B. 1997 Revised Standards. 274 1. Hispanic/Latino Ethnicity Question and the Two Question Format. 274 2. How to Collect Data on... |
2011 |
| Melissa Pavlicek |
State Law Ignites Hawaii Charter School Movement |
15-FEB Hawaii Bar Journal B.J. 4 (February, 2011) |
A hundred community members gathered one rainy morning holding hands on a verdant Anahola. Kauai hillside. In a strong clear voice, one young boy quoted Plutarch: The mind is not a vessel to be filled, but wood to be kindled. As a rainbow emerged, a lone hawk appeared in the clearing sky: students quietly walked, one by one, into the center of a... |
2011 |
| Emily Droll |
The Akaka Bill and Native Hawaiian Usufructuary Rights |
3 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Spring, 2011) |
American Indians have historically been accorded a special status in American jurisprudence. Included in this special status is the right to continue subsistence land uses such as hunting, fishing, and gathering even after transferring sovereignty of Indian land to the United States Government. When the United States was originally expanding... |
2011 |
| Ryan Kananiokahome Poiekeala Kanaka'ole |
The Indivisible 'Ohana: Extending Native Hawaiian Gathering Rights to Non-hawaiian Family Members |
12 Asian-Pacific Law and Policy Journal 145 (2011) |
Introduction. 146 I. The Hawaiian 'ohana System. 148 A. The General Concept of 'Ohana. 148 B. The Relevance of the Hawaiian 'Ohana from Pre-Western Contact Hawai'i to Present Day. 149 C. The Inclusive Nature of the Hawaiian 'Ohana as Illustrated through the Practice of Hnai. 154 D. The Role of the Non-Hawaiian in the Hawaiian 'Ohana. 156 II. The... |
2011 |
| Addie C. Rolnick |
THE PROMISE OF MANCARI: INDIAN POLITICAL RIGHTS AS RACIAL REMEDY |
86 New York University Law Review 958 (October, 2011) |
In 1974, the Supreme Court declared that an Indian employment preference was based on a political rather than racial classification. The Court's framing of Indianness as a political matter and its positioning of political and racial as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about... |
2011 |
| Kevin Brown , Tom I. Romero, II |
THE SOCIAL RECONSTRUCTION OF RACE & ETHNICITY OF THE NATION'S LAW STUDENTS: A REQUEST TO THE ABA, AALS, AND LSAC FOR CHANGES IN REPORTING REQUIREMENTS |
2011 Michigan State Law Review 1133 (2011) |
Introduction. 1134 I. AALS Should Maintain Separate Reporting of Mexican Americans and Puerto Ricans. 1143 A. Brief History of Mexican American, Puerto Rican, and Cuban Experiences. 1148 1. Mexican Americans. 1148 2. Puerto Ricans. 1158 3. Cubans. 1161 B. Social-Economic Differences. 1164 C. Why Mexican Americans and Puerto Ricans Should Be... |
2011 |
| D. Kapua'ala Sproat |
Wai Through Knwai: Water for Hawai'i's Streams and Justice for Hawaiian Communities |
95 Marquette Law Review 127 (Fall 2011) |
Kaulana N Wai Eh: Famous are the Four Great Waters of Waihee River, and Waiehu, ao, and Waikap Streams in the heart of Central Maui. Since time immemorial, Knaka Maoli (Native Hawaiians) revered the abundance of fresh water in Hawaii's rivers and streams, including N Wai Eh, as a physical embodiment of Kneikawaiola, a gift from the... |
2011 |
| D. Kapua'ala Sproat |
WHERE JUSTICE FLOWS LIKE WATER: THE MOON COURT'S ROLE IN ILLUMINATING HAWAI'I WATER LAW |
33 University of Hawaii Law Review 537 (Summer, 2011) |
Dr. Martin Luther King Jr.'s vision of justice roll[ing] down like waters and righteousness like a mighty stream captures the essence of the relationship between justice and flowing water in Hawai'i. This observation particularly resonates in an island community where the private diversion of public fresh water resources has created colonial... |
2011 |