AuthorTitleCitationSummaryYearRelevancy
Brooke D. Coleman #Sowhitemale: Federal Procedural Rulemaking Committees 68 UCLA Law Review Discourse 370 (2020) Of the 630 members of a specialized set of committees responsible for drafting the federal rules for civil and criminal litigation, 591 of them have been white. That is 9 percent of the committee membership. Of that same group, 513-- or 81 percent--have been white men. Decisionmaking bodies do better work when their members are diverse; these; Search Snippet: ...FNaa1] [FNaa1] Asian 1% 2% 5.9% 4.8% 4% Native Hawaiian or Other Pacific Islander 0% 0% 0.2% [FNaa1] [FNaa1... 2020 Most Relevant
Catherine Macdonald , Andrew Carter Blood in the Water: Shark Feeding, Tourism, and the Law 50 Environmental Law 287 (Winter, 2020) Shark tourism has become a significant driver of tourist dollars both in the United States and abroad over the past few decades, with shark provisioning (feeding), often used by shark tour companies to attract sharks for easy viewing. While shark tourism may provide economic incentives to protect vulnerable or endangered shark populations in some; Search Snippet: ...This made claims that commercial shark feeding is offensive to native Hawaiians appear slightly less credible to ban opponents. [FN235] Native Hawaiians may consider sharks to be aumakua (guardian spirits) and Hawaiian... 2020 Most Relevant
Bella Zaslavsky, K&L Gates LLP California Requires Representation of Underrepresented Communities on Public Company Boards 2020-OCT Business Law Today Today 2 (October, 2020) On September 30, 2020, California Governor Gavin Newsom signed California Assembly Bill No. 979 into law, requiring that California-based publicly traded companies (regardless of their places of incorporation) have a minimum number of directors from underrepresented communities on their boards. Much like California's 2018 board gender diversity; Search Snippet: ...Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, gay, lesbian, bisexual, or transgender. The law... 2020 Most Relevant
  Chapter Four Aloha 'Ina: Native Hawaiian Land Restitution 133 Harvard Law Review 2148 (April, 2020) When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more; Search Snippet: ...in the Law--Unjust Enrichment CHAPTER FOUR ALOHA 'INA: [FN1] NATIVE HAWAIIAN LAND RESTITUTION Copyright © 2020 by The Harvard Law Review Association... 2020 Most Relevant
Lisset M. Pino Colonizing History: Rice V. Cayetano and the Fight for Native Hawaiian Self-determination 129 Yale Law Journal 2574 (June, 2020) Rice v. Cayetano involved a challenge to the voting qualifications for Hawai'i's Office of Hawaiian Affairs (OHA). Created during the 1978 Hawaiian Constitutional Convention, OHA manages lands held in trust for Native Hawaiians. To ensure OHA was representative of its constituents, voting for OHA trustees was initially restricted to; Search Snippet: ...Comment COLONIZING HISTORY: RICE v. CAYETANO AND THE FIGHT FOR NATIVE HAWAIIAN SELF-DETERMINATION Lisset M. Pino [FNa1] Copyright © 2020 by The... 2020 Most Relevant
Derek W. Miller Discrimination, Discretion, and Iowa's Packed Prisons 105 Iowa Law Review 901 (January, 2020) For decades, the racial disparity in Iowa's prison system has persistently been one of the worst in the nation--despite the fact that the state is home to relatively few people of color. This Note submits that Iowa's County Attorneys may play an outsized role in perpetuating this state of affairs by charging and convicting; Search Snippet: ...Indian and Alaska Native alone, and 0.1 percent are Native Hawaiian and Other Pacific Islander alone. Id. About two percent of... 2020 Most Relevant
Brian Wild, Editor-in-Chief Volume 21 (2019-2020) Editor's Note 21 Asian-Pacific Law and Policy Journal J. I (May 25, 2020) The editors of the Asian-Pacific Law and Policy Journal (APLPJ) proudly present our Spring 2020 Issue: Volume 21, Issue 2. This Issue features five Articles, one student-authored Comment, and one Bibliography. As was the case in our last Issue, the papers included here cover a wide array of subjects that are sure to captivate our audience; Search Snippet: ...Fellow at WSRSL's Ka Huli Ao Center for Excellence in Native Hawaiian Law. While APLPJ is proud to feature each of the... 2020 Most Relevant
Allan W. Vestal Faithfully Enforcing the Religious Liberty Guarantees of the Northwest Territory States 34 BYU Journal of Public Law 403 (2020) In 2001, the State of Wisconsin hired a new chaplain for its maximum-security prison. The appointment was controversial because the new chaplain, the Reverend Jamyi Witch, was a Wiccan priestess. The chair of the General Assembly's Corrections and Courts Committee, future Wisconsin Governor and Republican presidential aspirant Scott Walker,; Search Snippet: ...9%), African American (7.5%), Hispanic (3.7%), Asian (<1%), Native Hawaiian/Pacific Isl. (<1%), and other (<1%). See id Adult... 2020 Most Relevant
Chantal Carriere Federal Approval of Oil Pipelines and Indigenous Consultation in the United States after Standing Rock and Keystone Xl: Lessons from Canada on the Limits of Industry-indigenous Consultation 42 Houston Journal of International Law 321 (Spring, 2020) Introduction. 322 I. Government to Government Consultation and Industry-Indigenous Consultation. 327 II. Government-to-Government Consultation in the United States: Federal Indian Law and the Trust Doctrine. 336 A. The Trust Doctrine. 342 B. Government-to-Government Consultation. 347 1. Executive Policy. 348 2. Congressional Consultations Laws and; Search Snippet: ...into account any confidentiality concerns raised by Indian tribes or Native Hawaiian organizations during the identification process. Id . § 800.4(b... 2020 Most Relevant
Christina Scotti Generating Trauma: How the United States Violates the Human Rights of Incarcerated Mothers and Their Children 23 CUNY Law Review 38 (Winter, 2020) Introduction. 40 I. An Overview: Incarceration in the United States. 44 A. The Surge of Female Incarceration in the United States and How It Differs from Male Incarceration. 45 B. Severing Ties: The Additional Punishments U.S. Mothers Face Behind Bars. 49 II. Altering the Brain: The Deeply Embedded Toxic Stress in Children. 53 A. Unspoken Trouble:; Search Snippet: ...Indian and Alaskan Native; 0.9% Asian; and 0.4% Native Hawaiian and Pacific Islander. [FN45] Incarceration disproportionately affects black women, who... 2020 Most Relevant
Camille Lamar Campbell Getting at the Root Instead of the Branch: Extinguishing the Stereotype of Black Intellectual Inferiority in American Education, a Long-ignored Transitional Justice Project 38 Law & Inequality: A Journal of Theory and Practice Ineq. 1 (Summer, 2020) L1-2Table of Contents Introduction. 2 I. Transitional Justice Primer: Central Tenets, Prevalent Practices, and Modern-Day Applications. 6 A. Transitional Justice Tenets and Prevalent Practices. 9 B. Applying Transitional Justice Principles to Stable Democracies. 11 II. Lost in Transition: The Court's Transitional Jurisprudence Replicates the; Search Snippet: ...and for the atrocities of slavery and segregation, [FN54] to Native Hawaiians for a government-endorsed coup of the sovereign Kingdom of... 2020 Most Relevant
Ian Falefuafua Tapu How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution 44 New York University Review of Law and Social Change 445 (2020) The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,; Search Snippet: ...TO SAY SORRY: FULFILLING THE UNITED STATES' TRUST OBLIGATION TO NATIVE HAWAIIANS BY USING THE CANONS OF CONSTRUCTION TO INTERPRET THE APOLOGY... 2020 Most Relevant
Aziz Rana How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire 130 Yale Law Journal Forum 312 (November 2, 2020) Few American law classes actually teach the Insular Cases. This Essay argues that this is due to a profound lacuna in mainstream constitutional study--the failure to adequately confront the extent to which the United States from its founding has been a project of empire. In part, for this reason, the field tends to have little to say; Search Snippet: ...Population of Hawai'i by Race/Ethnicity: U.S. Census 1900-2010 Native Hawaiian Data Book , www.ohadatabook.com/T01-03-11u.pdf [https://perma.cc/5FJ3-94AN... 2020 Most Relevant
Johanna K.P. Dennis Just Beyond Reach: a Study on Access to In-state Tuition and Enrollment after Deferred Action for Childhood Arrivals Part Iii - Individually Reported Hispanic Non-citizen Student Persistence 20 Journal of Law in Society 103 (Winter, 2020) C1-2Table of Contents Table of Contents. 103 List of Figures. 104 List of Tables. 105 Part III. 105 1. Introduction and Purpose of Part III. 107 2. Background Literature and Prior Studies. 107 2.1. Recruitment Theory. 108 2.2. Minority Status as a Common Factor Impacting Achievement. 110 2.2.1. Minority Status as a Common Factor. 111 3; Search Snippet: ...Asian, 1.3% American Indian or Alaska Native, 0.2% Native Hawaiian and Other Pacific Islander, and 2.7% two or more... 2020 Most Relevant
Caroline V. Lawrence, The COVID-Dynamic Team Masking Up: a Covid-19 Face-off Between Anti-mask Laws and Mandatory Mask Orders for Black Americans 11 California Law Review Online 479 (November, 2020) Mandatory PPE orders during COVID-19 have forced Black Americans to weigh the dangers of disease against the dangers of selective enforcement and racial profiling. In states with civil rights-era anti-mask laws, both wearing and eschewing masks could lead to police interaction. This Essay argues that anti-mask laws were only superficially intended; Search Snippet: ...10.4% identified as Asian, 0.1 percent identified as Native Hawaiian/Pacific Islander, 7.6% identified as Black, 74.1% identified... 2020 Most Relevant
Anastasia M. Boles Moving the Needle: Two Promising Tools to Attack Arkansas's Racial Disparity in Criminal Sentencing 43 University of Arkansas at Little Rock Law Review Rev. 1 (Fall, 2020) C1-2Table of Contents I. Introduction. 1 II. Race and Incarceration in Arkansas. 6 A. Sentencing Disparities in Arkansas. 9 B. The Science of Racial Bias and the Criminal Justice System. 12 III. Racism, the Constitution, and the Jury Process. 15 IV. Before The Verdict: Arkansas's New Jury Instruction. 17 A. AMI Crim. 2d 101. 18 B. Other; Search Snippet: ...7%), American Indian or Alaska Native (1%), Asian (1.7%), Native Hawaiian or Other Pacific Islander (.4%), two or more races (2... 2020 Most Relevant
Alaa “Al” Ziad Haidar, Esq. , MPH, Hudson Headwaters Health Network, Queensbury, NY Recent 340b Contract Pharmacy Troubles and the Necessary Solution 33 No. 2 Health Lawyer 34 (December, 2020) The 340B Drug Pricing Program (340B Program) has served to make drugs more affordable and available to lower-income Americans. Under the 340B Program, which is administered by the U.S. Department of Health and Human Services (HHS) through its agency, the Health Resources and Services Administration (HRSA), drug manufacturers are required to sell; Search Snippet: ...clinic, (7) a comprehensive hemophilia diagnostic treatment center, (8) a Native Hawaiian Health Center, (9) an urban Indian organization, (10) a certified... 2020 Most Relevant
Alyson Flournoy, Thomas T. Ankersen, Sasha Alvarenga Recreational Rights to the Dry Sand Beach in Florida: Property, Custom and Controversy 25 Ocean and Coastal Law Journal L.J. 1 (January, 2020) I. Introduction II. Sand Facts III. Customary Use Doctrine A. Origins and Theory B. The Tona-Rama Case: Customary Use Rights in Florida C. A Note on Special injury IV. Sources of Confusion and Conflict A. Common Law Rights and the Judicial Process B. The Interplay between Customary Use Ordinances and Common Law Customary Use Rights C. Legislative; Search Snippet: ...Hawaii is unique due to the strong influence of indigenous ( Native Hawaiian) customary law on its common law. While the Hawaii Supreme... 2020 Most Relevant
Daniel Farber Requiem for a Heavyweight: the Decline and Fall of Lucas V. South Carolina Coastal Council 71 Florida Law Review Forum 212 (2020) Property rights advocates hailed Lucas v. South Carolina Coastal Council. They hoped Justice Antonin Scalia's opinion for the Supreme Court would revolutionize interpretation of the Constitution's takings clause and finally fulfill its potential as a vehicle for deregulation. On its face, the ruling seemed to dramatically expand the scope of; Search Snippet: ...familiar background principles, including customary rights of beach access; [FN24] native Hawaiian food gathering rights (a decision invoking the Aloha spirit); [FN25... 2020 Most Relevant
Benjamin Eidelson Respect, Individualism, and Colorblindness 129 Yale Law Journal 1600 (April, 2020) What principle underlies the Supreme Court's colorblind or anticlassification approach to race and equal protection? According to the Court and many commentators, the answer lies in a kind of individualism--a conviction that people should be treated as individuals, not as instances of racial types. Yet the Court has said almost nothing about; Search Snippet: ...limit on the electorate for trustees of a trust for Native Hawaiians. [FN83] As Justice Kennedy wrote for the Court, One of... 2020 Most Relevant
Brian Wild, Editor-in-Chief Volume 21 (2019-2020) Special Dedication for Volume 21, Issue 2 21 Asian-Pacific Law and Policy Journal ii (May 25, 2020) Earlier this year, the APLPJ staff received word that Professor Melody Kapilialoha MacKenzie, Founding Director of the WSRSL Ka Huli Ao Center for Excellence in Native Hawaiian Law, was retiring at the close of the spring semester. Since announcing her retirement, Professor MacKenzie has been honored for her decades of advocacy and scholarship, and; Search Snippet: ...of the WSRSL Ka Huli Ao Center for Excellence in Native Hawaiian Law, was retiring at the close of the spring semester... 2020 Most Relevant
Angela P. Harris , Aysha Pamukcu The Civil Rights of Health: a New Approach to Challenging Structural Inequality 67 UCLA Law Review 758 (October, 2020) An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and; Search Snippet: ...1 percent of Hispanics, and 8.9 percent of Asian, Native Hawaiian, or Pacific Islanders. Id. at 5. The disparities are even... 2020 Most Relevant
Annie Rischard Davis The Cultural Property Conundrum: the Case for a Nationalistic Approach and Repatriation of the Moai to the Rapa Nui 44 American Indian Law Review 333 (2020) There is a temple in ruin stands, Fashion'd by long forgotten hands; Two or three columns, and many a stone, Marble and granite, with grass o'ergrown! Out upon Time! It will leave no more Of things to come than the things before! Out upon Time! Who for ever will leave But enough of the past and the future to grieve O'er that which hath been, and; Search Snippet: ...the special relationship between Federal Government and Indian tribes and Native Hawaiian organizations; regulation; authorization of appropriations; and enforcement. [FN145] Its main... 2020 Most Relevant
Chaz Rotenberg The Path less Traveled: Afrocentric Schools and Their Potential for Improving Black Student Achievement While Upholding Brown 47 Fordham Urban Law Journal 1173 (June, 2020) Introduction. 1174 I. A History of the Afrocentric School Movement. 1178 A. The Rise, Fall, and Reemergence of Afrocentric Schools Nationwide. 1178 i. Other Centric Schools. 1181 ii. Education Inequality in the United States. 1182 B. Afrocentric Schools in New York City. 1184 i. Rampant Inequality and Segregation in New York City Schools. 1184; Search Snippet: ...was once banned in Hawai'i public schools, and teachers insisted native Hawaiian students use English instead); Native Language Immersion Initiative supra note... 2020 Most Relevant
David Kimo Frankel The Protection of the Environment, Cultural Resources, and Quality of Life in Hawaii State Court 24-MAY Hawaii Bar Journal B.J. 4 (May, 2020) Among the natural resources designated for preservation, protection, and restoration are recreational resources, historic resources, scenic and open space resources, and coastal ecosystems. See HRS § 205A-2. In my view they constitute property owned by the public. Sandy Beach Defense Fund v, City Council, 70 Haw. 361, 389, 773 P.2d 250,; Search Snippet: ...§ 7-1 may be enforced by private action. [FN84] Native Hawaiians can use HRS chapter 673 to cure breaches of the... 2020 Most Relevant
Kaylee Kilolani Michiko Correa The Relationship Between Food Sovereignty and Hawaiian Health: the Implications Behind Alexander and Baldwin's Recent Land Sale 17 Indiana Health Law Review 257 (2020) The Hawaiian creation story, or Kumulipo, features Wkea (sky-father) and Papa (earth-mother), parents of the Hawaiian Islands. Ho'ohklani was the daughter of Wkea and Papa; Wkea and Ho'ohklani had a stillborn baby boy, so they buried him on the east side of their house, facing the sunrise. A plant soon grew in the burial spot, which became; Search Snippet: ...the land and the vitality of that connection: Knaka Maoli [ Native Hawaiians] trace their ancestry to the ina (land), to the natural... 2020 Most Relevant
Kristen Carpenter, Alexey Tsykarev (Indigenous) Language as a Human Right 24 UCLA Journal of International Law and Foreign Affairs 49 (Spring, 2020) The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages; Search Snippet: ...federal district court held that NALA provided no basis for Native Hawaiians to claim a right to language immersion in education, a... 2020  
Jeff Todd A "Sense of Equity" in Environmental Justice Litigation 44 Harvard Environmental Law Review 169 (2020) C1-2TABLE OF CONTENTS Introduction. 169 I. The Story of Environmental Justice Litigation. 176 A. Distributive Injustice: The Roots of Environmental Justice. 178 B. Corrective Injustice: The Challenges of Environmental Justice Litigation. 181 C. Procedural Injustice--or Merely a Hurdle?: The Motion to Dismiss. 185 1. Justiciability Doctrines:; Search Snippet: ...rights case because the public trust doctrine applies specifically to native Hawaiian people. [FN213] Similarly, a federal court declined to permit a... 2020  
Jordan Ramharter A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty 72 Maine Law Review 379 (2020) I. Introduction II. The Right to Equal Educational Opportunities III. Student Opportunity and Achievement Gaps IV. Federal Education-Based Legislation V. American Indians and Education The Federal Government's Use of the Plenary Power Doctrine Federal Legislation and the Bureau of Indian Education The Gaps in Native Students Opportunity &; Search Snippet: ...on the academic performance of American Indian, Alaska Native, and Native Hawaiian students. [FN284] Painting a snapshot of the report, the first... 2020  
Russell E. Lovell, II, David S. Walker Achieving Fair Cross-sections on Iowa Juries in the Post-plain World: the Lilly-veal-williams Trilogy 68 Drake Law Review 499 (2020) This Article focuses on a three-year-old opinion from the Iowa Supreme Court, State v. Plain, and a trilogy of cases decided last year, what we have called the Lilly-Veal-Williams trilogy, insofar as those cases secure, affirm, and advance understanding of the constitutional right to an impartial jury as drawn from a fair cross-section of the; Search Snippet: ...American alone, 1,098; American Indian alone, 104; Asian alone, 145; Native Hawaiian alone, 2; Some other race alone, 67; for a Total... 2020  
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