AuthorTitleCitationSummaryYear
Bradley Hideo Keikiokalani Cooper A Trust Divided Cannot Stand--an Analysis of Native Hawaiian Land Rights 67 Temple Law Review 699 (Summer 1994) The history of Hawaii and its people is the least known and possibly the most egregious of any in the United States. Most Americans do not know that Hawaii was taken by conquest, not discovery. On January 17, 1893, a company of United States Marines, at the request of United States Foreign Minister John L. Stephens, landed on the shores of Hawaii... 1994
Eric K. Yamamoto , Moses Haia , Donna Kalama Courts and the Cultural Performance: Native Hawaiians' Uncertain Federal and State Law Rights to Sue 16 University of Hawaii Law Review Rev. 1 (Summer, 1994) Police Seize 25 in Hilo Protest: Hawaiian Confrontation at Mall. So read the news headline in September, 1993. One hundred twenty Native Hawaiians in Hilo protested the State Department of Hawaiian Homelands' lease of 39 acres of trust Homelands to a non-Hawaiian commercial entity for the Prince Kuhio Plaza shopping mall. The protesting group,... 1994
David Kimo Frankel Enforcement of Environmental Laws in Hawaii 16 University of Hawaii Law Review 85 (Summer, 1994) For years, Hawaiian Western Steel illegally spewed up to 200 pounds of hazardous dust containing high levels of cadmium and lead into the skies each night. Cadmium dust, which can cause lung and kidney disease, exceeded Environmental Protection Agency (EPA) limits by five times. Lead, which can cause reproductive problems and affect brain... 1994
Pauline N. King, University of Hawaii Mari J. Matsuda, Ed., Called from Within: Early Women Lawyers of Hawaii. Honolulu, Hawaii: University of Hawaii Pres, 1992. Xi, 344 Pp. $45.00 (Cloth). $26.95 (Paper). 38 American Journal of Legal History 385 (July, 1994) The interest in women's history and group biography has prompted the present work on women attorneys in Hawaii. To the historian of state and local history, this text is an important one in the sense that it provides valuable source material on a neglected subject. The biographies are written about seventeen women professional attorneys in Hawaii... 1994
  Native Hawaiians and International Law 1994-SEP Hawaii Bar Journal 24 (September, 1994) The Native Hawaiian Bar Association's final luncheon seminar on September 28 features Native Hawaiians and International Law. Attorney William Meheula will introduce a discussion of the decolonization process and the developing area of indigenous people's rights. Professor Jon Van Dyke and Mililani Trask will share their views of Hawaiian... 1994
Gina M. Watumull Pele Defense Fund V. Paty: Exacerbating the Inherent Conflict Between Hawaiian Native Tenant Access and Gathering Rights and Western Property Rights 16 University of Hawaii Law Review 207 (Summer, 1994) I. L2-3Introduction 208 II. L2-3Facts 210 III. L2-3History of the Law 212 A. The Origin of Hawaiian Native Tenant Rights. 212 B. Access and Gathering Rights for Subsistence, Cultural, and Religious Purposes. 219 C. The Constitutional and Statutory Bases of Hawaiian Native Tenant Rights. 221 D. Legislative History. 223 E. Prior Case Law. 227 1.... 1994
Pam Bunn, Wayne Costa Public Access Shoreline Hawaii V. Hawaii County Planning Commission: the Affirmative Duty to Consider the Effect of Development on Native Hawaiian Gathering Rights 16 University of Hawaii Law Review 303 (Summer, 1994) Finally, there remains a percentage, not large indeed, and yet not so small as to be negligible, where a decision one way or the other, will count for the future, will advance or retard, sometimes much, sometimes little, the development of the law. In Public Access Shoreline Hawaii v. Hawaii County Planning Commission (PASH), the Intermediate Court... 1994
Wendy Brown-Scott RACE CONSCIOUSNESS IN HIGHER EDUCATION: DOES "SOUND EDUCATIONAL POLICY" SUPPORT THE CONTINUED EXISTENCE OF HISTORICALLY BLACK COLLEGES? 43 Emory Law Journal 1 (Winter, 1994) C1-3TABLE OF CONTENTS I. Introduction. 3 II. The Need for Historically Black Public Colleges and Universities: Building Trust Through Education. 10 A. The Need for Historically Black Colleges. 10 B. What Went Wrong?. 13 C. Rectifying Pluralistic Ignorance. 20 1. A Short Story. 20 2. A Longer Version. 26 III. Challenging Subordination, Gaining... 1994
Elizabeth Pa Martin Sovereignty Education Program 1994-FEB Hawaii Bar Journal 12 (February, 1994) The Native Hawaiian Bar Association was created in June 1992 to promote unity and the exchange of ideas among lawyers and others of Hawaiian ancestry in the legal profession. The organization was also formed to provide a forum for the discussion of issues of interest to individuals of Hawaiian ancestry, to seek justice and effective legal... 1994
S. James Anaya The Native Hawaiian People and International Human Rights Law: Toward a Remedy for past and Continuing Wrongs 28 Georgia Law Review 309 (Winter 1994) Whereas, prior to the arrival of the first Europeans in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion; Whereas a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha... 1994
Bobbi W.Y. Lum Privacy V. Secrecy: the Open Adoption Records Movement and its Impact on Hawaii 15 University of Hawaii Law Review 483 (Summer, 1993) All of us need to know our past, not only for a sense of lineage and heritage, but for a fundamental and crucial sense of our very selves: our identity is incomplete and our sense of self retarded without a real personal historical connection. Is there any reasonable justification for us to prevent, in perpetuity, the geneological [sic]... 1993
Rennard Strickland Implementing the National Policy of Understanding, Preserving, and Safeguarding the Heritage of Indian Peoples and Native Hawaiians: Human Rights, Sacred Objects, and Cultural Patrimony 24 Arizona State Law Journal 175 (Spring, 1992) During the House debate on the Native American Graves Protection and Repatriation Act (NAGPRA), Congresswoman Patsy Mink of Hawaii stated quite simply the basis of what has become our national policy: Preserving native American and Hawaiian culture is in the interest of all Americans, for these unique cultures are a part of the history and... 1992
Francis P. McManamon , Larry V. Nordby Implementing the Native American Graves Protection and Repatriation Act 24 Arizona State Law Journal 217 (Spring, 1992) I. INTRODUCTION. 218 II. OVERVIEW OF THE NATIVE AMERICAN GRAVES PROTECTION AND PREPATRIATION ACT. 220 III. RESPONSIBLE ORGANIZATIONS. 222 A. Indian Tribes and Native Hawaiian Organizations. 223 B. Museums Receiving Federal Funds. 225 C. Federal Agencies. 227 D. Secretary of the Interior. 227 E. The Native American Graves Protection and Repatriation... 1992
Madalyn Purcell Residential Use of Hawaii's Conservation District 14 University of Hawaii Law Review 633 (Fall, 1992) I. Introduction II. Legal Basis for Residential Use Of Conservation Land A. General Framework B. The Subzones C. Administrative Regulations D. Nonconforming Use E. Conditional Use F. Contested Case G. Summary III. Legislative Intent of the Laws Governing the Conservation District A. History of the Statute B. History of the Regulations IV. The... 1992
Edward Halealoha Ayau Restoring the Ancestral Foundation of Native Hawaiians: Implementation of the Native American Graves Protection and Repatriation Act 24 Arizona State Law Journal 193 (Spring, 1992) In the last two hundred years, keanaka maoli (Native Hawaiians) have endured the onslaught of foreign intervention, which resulted in the loss of traditional religious practices; displacement from the land; and the deaths of thousands of innocent people to disease. These tragedies have culminated in the theft of a peaceful and sovereign nation. For... 1992
Williamson B.C. Chang THE "WASTELAND" IN THE WESTERN EXPLOITATION OF "RACE" AND THE ENVIRONMENT 63 University of Colorado Law Review 849 (1992) The problems of racism and environmental destruction seem the most persistent and insoluble in our society. There seems to be an ideological blind spot as to these two issues. Our ability to find solutions seems hindered by emotions, circularity and self-referencing arguments that block meaningful analysis. Much of this inability stems from the... 1992
Melody Kapilialoha MacKenzie The Lum Court and Native Hawaiian Rights 14 University of Hawaii Law Review 377 (Summer, 1992) Since Herman Lum became Chief Justice of the Hawaii Supreme Court in 1983, the court has issued relatively few opinions dealing with Native Hawaiian issues. Those few opinions may not be sufficient to allow a fair assessment of the Lum Court's attitude toward Native Hawaiian rights. Only five published decisions can be identified as dealing with... 1992
David L. Callies , Donna H. Kalama , Mahilani E. Kellett The Lum Court, Land Use, and the Environment: a Survey of Hawaii Case Law 1983 to 1991 14 University of Hawaii Law Review 119 (Summer, 1992) I. Introduction II. Planning and Zoning: The Conformity Requirement III. Initiative, Referendum, and Land Use Planning in Hawaii IV. The Role of Coastal Zone Management Protection Law A. SMA Permits: Legislative, Quasijudicial, or Something Else? B. SMA Permits and Process: Strict Construction of Procedural Requirements C. Summary V. Standing VI.... 1992
Marilyn M.L. Chung , Teri Y. Kondo , Jon M. Van Dyke The Protection of Individual Rights under Hawaii's Constitution 14 University of Hawaii Law Review 311 (Summer, 1992) I. Introductory Overview II. Protection Against Discrimination A. Nonsuspect ClassificationsRational Basis Test B. Fundamental Rights/Suspect CategoriesStrict Scrutiny Test C. Gender-Based Categories D. Summary III. The Right to Due Process and Fair Treatment in Criminal Proceedings A. Due Process in General B. Double Jeopardy C. Searches and... 1992
Haunani-Kay Trask Coalition-building Between Native and Non-natives 43 Stanford Law Review 1197 (July, 1991) Aloha mai. Aloha mai. I am Haunani Kawekinohaleakala, descendant of the Pi'ilani line of Maui and the Kahakumakaliua line of Kaua'i. I greet you as an indigenous woman, as an American-subjugated Native, as part of a non-self-governing peopleHawaiiansand as a Polynesian member of the pan-Pacific movement for self-determination that has been... 1991
Elizabeth Pa Martin Hawaiian Natives Claims of Sovereignty and Self-determination 8 Arizona Journal of International & Comparative Law 273 (1991) Ano Ai Me Kealoha. E na hulu manu like ole. I am Elizabeth Pa Martin, an attorney of Native Hawaiian ancestry and Executive Director of the Native Hawaiian Advisory Council (NHAC). NHAC is a nonprofit corporation pursuing the protection of Hawaiian native rights. NHAC works to hold governments and lawmakers accountable for the proper... 1991
Mililani B. Trask Historical and Contemporary Hawaiian Self-determination: a Native Hawaiian Perspective 8 Arizona Journal of International & Comparative Law 77 (1991) I am a Native Hawaiian. For fifteen years I have been working for sovereignty and self-determination for my people. When I graduated from law school at the University of Santa Clara at the age of twenty-seven, my heart was full of desire to make change for my people. But when I returned to Hawaii as a lawyer, I was shocked to learn that the Native... 1991
Jose Luis Morin LITIGATING CIVIL RIGHTS AND INTERNATIONAL LAW CLAIMS ON BEHALF OF INDIGENOUS PEOPLE AND PEOPLE OF COLOR 8 Arizona Journal of International & Comparative Law 269 (1991) I am here to discuss the work of the Center for Constitutional Rights (CCR) and to briefly describe some of the legal and political as well as practical difficulties associated with the type of civil rights and international litigation that this Indigenous Claims Conference seeks to explore. Our litigation experience at CCR illustrates the common... 1991
Joseph D. Gebhardt Native Hawaiian Land Rights in the Context of the Native Hawaiian Sovereignty Movement 8 Arizona Journal of International & Comparative Law 265 (1991) During the 1980s, I worked on Native Hawaiian legal rights, particularly land rights cases involving the Hawaiian Homes Commission Act and the Hawaiian Admission Act. But rather than tell you war stories, since this is an academic conference, I will discuss Native Hawaiian land rights in the context of the Native Hawaiian sovereignty movement. My... 1991
Michael M. McPherson, Stephanie M. Parent Native Hawaiians 21 Environmental Law 1301 (1991) When Hawaii became a state in 1959, Congress conveyed to the State of Hawaii lands ceded to the United States by the Republic of Hawaii in 1898. The Admission Act of 1959 declared that Hawaii's ceded lands constitute a public trust, and required that the lands be managed by the State of Hawaii in a manner consistent with specific trust purposes set... 1991
Patricia A. Tidwell , Peter Linzer THE FLESH-COLORED BANK AID-CONTRACTS, FEMINISM, DIALOGUE, AND NORMS 28 Houston Law Review 791 (July, 1991) C1-4Table of Contents I. L2-3INTRODUCTION. 791 II. L2-3A BRIEF SKETCH OF RELATIONAL CONTRACTS . 794 III. L2-3THE FEMININE VOICE. 798 IV. L2-3CONTRACTS IN A FEMININE VOICE. 800 A.. The Power of Naming. 801 B.. Developing Less Formalized Rules. 803 C.. Embracing a Broader View of Value. 804 D.. A Different View of Obligation and Excuse. 805 V.... 1991
Mark A. Inciong The Lost Trust: Native Hawaiian Beneficiaries under the Hawaiian Homes Commission Act 8 Arizona Journal of International & Comparative Law 171 (1991) The United States Congress passed the Hawaiian Homes Commission Act (HHCA), 1920 on July 9, 1921, and declared its intention to assist in the rehabilitation of the Native Hawaiian race. The HHCA set aside 194,300 acres of land as Hawaiian home lands and proposed to lease homestead plots to Native Hawaiians to assist them with the rehabilitation... 1991
Michael M. McPherson Trustees of Hawaiian Affairs V. Yamasaki and the Native Hawaiian Claim: Too Much of Nothing 21 Environmental Law 453 (1991) Near the close of the nineteenth century, the United States of America used military intervention to topple the Hawaiian monarchy and to install in its place a provisional government. With the consent of that government, the United States subsequently ceded to itself sovereignty over the Hawaiian Islands. The author argues that transfer of title to... 1991
Michael McPherson Vanishing Sands: Comprehensive Planning and the Public Interest in Hawaii 18 Ecology Law Quarterly 779 (1991) Introduction 1. The Statutory Scheme A. Land Use Law 1. Districts 2. Zoning B. Hawaii State Plan 1. Economic Development 2. County Home Rule C. Environmental Review D. Coastal Zone Management 1. Protect, Preserve, and Restore 2. Special Management Areas 3. The HCZMA's Express Cause of Action E. Administrative Hearings II. Decisional Law A. Standing... 1991
Charles F. Wilkinson Land Tenure in the Pacific: the Context for Native Hawiian Land Rights 64 Washington Law Review 227 (April, 1989) The Hawaiian Islands evoke powerful images in the American public conscience. Lying two thousand miles off the shores of San Francisco, in the eastern half of the North Pacific, the islands were forged by volcanic action. Hawai'i is a land of extremes. On the island of Hawai'i, Mounts Mauna Kea and Mauna Loa rise nearly 14,000 feet above sea level.... 1989
Maivân Clech Lâm The Kuleana Act Revisited: the Survival of Traditional Hawaiian Commoner Rights in Land 64 Washington Law Review 233 (April, 1989) The issue of aboriginal land rights raises significant legal and moral questions. The starting point for discussion of Native Hawaiian land rights is the Kuleana Act of 1850. This Act enabled Hawaiian commoners, for the first time in Hawaiian history, to acquire fee simple title to land. The Act did not, however, contain provisions... 1989
Glenn Ching Dedman V. Board of Land and Natural Resources: Native Hawaiian Sacred Site Claims 10 University of Hawaii Law Review 365 (Winter, 1988) In Dedman v. Board of Land and Natural Resources, the Hawaii Supreme Court held that geothermal development of an area considered sacred by Native Hawaiian worshippers of the volcano fire goddess, Pele, was not an unconstitutional infringement of their rights to exercise freely their religion as guaranteed by the first amendment to the United... 1988
Glenn Ching The Trustees of the Office of Hawaiian Affairs V. Yamasaki: the Application of the Political Question Doctrine to Hawaii's Public Land Trust Dispute 10 University of Hawaii Law Review 345 (Winter, 1988) In The Trustees of the Office of Hawaiian Affairs v. Yamasaki, the issues before the Hawaii Supreme Court involved the boundaries of the public land trust. More specifically, the issues were, (1) whether the Office of Hawaiian Affairs (OHA) was entitled to twenty percent of the damages received by the state for an illegal sand mining operation on... 1988
Gail Lewis Hawaii Housing Authority V. Midkiff: the Public Use Requirement in Eminent Domain 15 Environmental Law 565 (Spring, 1985) Through the power of eminent domain, the state or federal government may take private property without the owner's consent. The state use of eminent domain is limited by the requirements of the fifth and fourteenth amendments which provide that private property [shall not] be taken for public use, without just compensation. The Supreme Court's... 1985
A. F. Judd The Constitution of the Republic of Hawaii 4 Yale Law Journal 53 (December, 1894) Monarchy in Hawaii was abrogated on the 17th January, 1893, and a Provisional Government was established by a Proclamation which, in its closing Article, provided that All Hawaiian Laws and Constitutional principles not inconsistent herewith shall continue in force until further order of the Executive and Advisory Councils. These Councils were... 1894
1 2 3 4 5 6 7 8 9 10