| Author | Title | Citation | Summary | Year |
| Regina Ponder , National Coalition of 100 Black Women, Inc., Phoenix Metropolitan Chapter, Phoenix, AZ, USA, Email: research.ejd@gmail.com |
A PROTECTED CLASS, AN UNPROTECTED CONDITION, AND A BIOMARKER--A METHOD/FORMULA FOR INCREASED DIVERSITY IN CLINICAL TRIALS FOR THE AFRICAN AMERICAN SUBJECT WITH BENIGN ETHNIC NEUTROPENIA (BEN) |
49 American Journal of Law & Medicine 41 (2023) |
Expanding on previous industry guidance relative to increased clinical trial diversity, while honing more exacting treatments and better ways to fight diseases that have often disproportionately impacted people of color, is a topic being discussed by multidisciplinary public health experts across the nation. This writing draws attention to the... |
2023 |
| Susan K. Serrano |
A SOCIAL HEALING APPROACH TO NATIVE HAWAIIAN CLAIMS: LAW AND RESISTANCE AT MAUNAKEA |
52 Southwestern Law Review 50 (2023) |
I. Introduction. 50 II. Social Healing Through Justice. 54 III. A Preliminary Analysis of Mauna Kea II. 57 A. Constricted Interpretations of Native Hawaiian Rights. 59 B. Cursory Analysis of Other Reparative Laws. 61 C. The Broader Context: Progress Versus Culture. 63 IV. Conclusion. 65 |
2023 |
| A. U'ilani Tanigawa Lum |
AIA I WAI'OLI KE ALOHA 'INA: RE-CENTERING 'INA AND INDIGENOUS KNOWLEDGE FOR RESTORATIVE ENVIRONMENTAL JUSTICE |
41 UCLA Journal of Environmental Law & Policy 301 (2023) |
This Article explores Knaka Maoli's (Native Hawaiians') work to re-center principles of Indigenous biocultural resource management in decisionmaking to more fully realize restorative environmental justice. To do so, it contextualizes 'ina (land and natural resources) as Knaka Maoli's natural counterpart. Deploying a contextual inquiry framework... |
2023 |
| Alexi Freeman , Caley Carlson |
BELONGING MATTERS: ONE SCHOOL'S STRATEGY FOR FOSTERING COMMUNITY AND CONFIDENCE AMONG STUDENTS FROM HISTORICALLY EXCLUDED GROUPS |
19 Northwestern Journal of Law & Social Policy 76 (Fall, 2023) |
For generations, law students from historically excluded and underrepresented groups--including but not limited to students of color, students with disabilities, gender diverse and gender non-conforming students, and students who identify as LGBTQIA+--have been expected to navigate their legal educations successfully despite the many challenges... |
2023 |
| Alexis E. Pinzon |
DIVERSIFYING THE CORPORATE WORLD |
54 Seton Hall Law Review 607 (2023) |
Throughout the last five years, there has been a push for diversity in every realm, industry, and profession. The corporate world is no different. An influx of companies seek to diversify their ranks--primarily focusing on their board of directors--using Corporate Social Responsibility (CSR), known as Environmental, Social, and Governance (ESG)... |
2023 |
| Kennedy Ray Fite |
HAALAND v. BRACKEEN: THE DECISION THAT THREATENED THE INDIAN CHILD WELFARE ACT'S PROTECTIONS OF NATIVE FAMILIES IN ILLINOIS |
54 Loyola University Chicago Law Journal 1109 (Summer, 2023) |
The Indian Child Welfare Act has become a controversial piece of legislation since the Supreme Court heard oral argument on the case of Haaland v. Brackeen in November 2022 and released its decision in June 2023. The statute was originally enacted in 1978 to remedy the United States' tragic history of family separation in tribal communities,... |
2023 |
| Colette Masunaga |
HISTORICAL TRAUMA, HEALTH DISPARITIES, AND NATIVE HAWAIIAN REPRESENTATION IN NURSING |
62 Judges' Journal 32 (Winter, 2023) |
Since the time of first contact, colonization, and perpetuation of colonial powers, the Native Hawaiian people, the Indigenous people of Hawai'i, have experienced an undue burden of health and social disparities. This article discusses how the experience of historical trauma has impacted Native Hawaiian health and the importance of Native Hawaiian... |
2023 |
| Denielle M. Pedro |
PUBLIC-PRIVATE PARTNERSHIPS, LIHTC, AND THE PRESERVATION OF PUBLIC HOUSING: A CASE STUDY OF PLOLO VALLEY HOMES |
25 Asian-Pacific Law and Policy Journal 129 (Fall, 2023) |
I. Introduction: Hawaii's Housing Crisis, A Wicked Problem. 130 A. State of the Crisis, Plolo Valley Homes and the Significance of Public-Private Partnerships (P3s) on Public Lands. 130 II. Background. 137 A. Overview of Plolo Valley Homes Timeline. 137 III. The Plolo Valley Homes Dispute. 139 A. The Mutual Housing Association, Inc. v.... |
2023 |
| Troy J.H. Andrade |
PŪPŪKAHI I HOLOMUA: CRITICAL LESSONS OF SOCIAL HEALING THROUGH JUSTICE FOR NATIVE HAWAIIANS |
52 Southwestern Law Review 67 (2023) |
From the violent displacement and genocide of indigenous communities to the enslavement and forced labor of Africans, from the theft of sovereignty of an Island kingdom to the racist imprisonment of citizens based upon fabricated stories of military necessity, American history is rife with examples of atrocious injustice. These injustices often... |
2023 |
| Karli Uwaine |
RIGHTS OF NATURE IN HAWAI'I: PRESERVING THE RELATIONSHIP BETWEEN NATURAL RESOURCES AND CULTURAL SIGNIFICANCE |
53 Environmental Law 239 (Spring, 2023) |
Haunani-Kay Trask encapsulated the essence of this Comment when she wrote: Despite American territorial and economic control of Hawai'i since 1900, Hawaiians are not Americans. Nor are we Europeans or Asians. We are not from the Pacific Rim, nor are we immigrants to the Pacific. We are the children of Papa - earth mother - and Wkea - sky father -... |
2023 |
| Angela Louise R. Tiangco |
SELLING ALOHA: THE FIGHT FOR LEGAL PROTECTIONS OVER NATIVE HAWAIIAN CULTURE |
29 William and Mary Journal of Race, Gender, and Social Justice 489 (Winter, 2023) |
In 2018, a Chicago-based restaurant attempted to enforce a registered trademark of Aloha Poke by sending cease-and-desist letters to small businesses with names containing some variation of the phrase. Most of those businesses were owned by Native Hawaiians, causing an uproar due to the terms aloha and poke having strong ties to traditional... |
2023 |
| Isaac H. Moriwake |
THE LADY OF JUSTICE OF HAWAI'I: THE TRAIL-BLAZING AND RECORD-SETTING JUDICIAL CAREER OF JUSTICE PAULA A. NAKAYAMA |
45 University of Hawaii Law Review 272 (Spring, 2023) |
A symposium and special law review edition on women and the law in Hawai'i would not be complete without a comment on Justice Paula A. Nakayama, who is retiring this year after serving thirty years on the Hawai'i Supreme Court. The question and challenge, though, is how to do justice to her career within the available time and page limits. How do... |
2023 |
| Johnson A. Salisbury, Jr. |
TO HAVE OR HAVE NOT: THE LIMITS OF COMPLY-OR-EXPLAIN GOVERNANCE IN AN AMERICAN EXCHANGE |
72 Emory Law Journal 1485 (2023) |
In 2020, the National Association of Securities Dealers Automated Quotations (Nasdaq) proposed a comply-or-explain governance rule to the Securities and Exchange Commission (SEC), aimed at increasing diversity in companies listed on its exchange. The resulting listing rule--approved by the SEC in 2021--was met with a mixed chorus of cheers and... |
2023 |
| Franklyn P. Salimbene, William P. Wiggins |
UNENDING ENVIRONMENTAL INJUSTICE: THE LEGACY OF THE 1956 FEDERAL-AID HIGHWAY ACT |
53 Environmental Law Reporter (ELI) 10169 (March, 2023) |
The Federal Aid Highway Act of 1956 led to massive investments in highway construction, changed the nation's physical landscape, and transformed how people traveled and where they lived. It also wreaked havoc on low-income and Black neighborhoods, imposing undeniable injustices, making no aid available to support residents displaced from their... |
2023 |
| Tara N. Richards , Kathryn J. Holland , Allison E. Cipriano , Alyssa Nystrom |
UNIVERSAL MANDATORY REPORTING POLICIES SHOW NULL EFFECTS IN A STATEWIDE COLLEGE SAMPLE |
47 Law and Human Behavior 686 (December, 2023) |
Objective: It is widely assumed that universal mandatory reporting policies (MRPs) for sexual misconduct are important for campus safety, but there is little evidence to support these assumptions. Hypotheses: Given the exploratory nature of this research, no formal hypotheses were tested. We did not expect universal MRPs to be significantly... |
2023 |
| Troy J.H. Andrade |
BELATED JUSTICE: THE FAILURES AND PROMISE OF THE HAWAIIAN HOMES COMMISSION ACT |
46 American Indian Law Review 1 (2022) |
In July 1921, the United States Congress enacted and President Warren G. Harding signed into law the Hawaiian Homes Commission Act of 1920, establishing a land trust of approximately 203,500 acres of former Crown and Government Lands to provide homestead leases at a nominal fee for native Hawaiians, those individuals of fifty percent or more... |
2022 |
| MJ Palau-McDonald |
BLOCKCHAINS AND ENVIRONMENTAL SELF-DETERMINATION FOR THE NATIVE HAWAIIAN PEOPLE: TOWARD RESTORATIVE STEWARDSHIP OF INDIGENOUS LANDS |
57 Harvard Civil Rights-Civil Liberties Law Review 393 (Summer, 2022) |
Introduction. 394 I. Four Values of Restorative Justice for Native Peoples. 397 A. Mo'omeheu: Cultural Integrity. 398 B. 'ina: Land and Natural Resources. 398 C. Mauli Ola: Social Determinants of Health and WellBeing. 399 D. Ea: Self-Governance. 399 II. Contextual History of Hawai'i's Public Land Trust. 400 A. Native Hawaiian Values, Customs, and... |
2022 |
| Scott Devito, Kelsey Hample, Erin Lain |
EXAMINING THE BAR EXAM: AN EMPIRICAL ANALYSIS OF RACIAL BIAS IN THE UNIFORM BAR EXAMINATION |
55 University of Michigan Journal of Law Reform 597 (Spring, 2022) |
The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article... |
2022 |
| Khiara M. Bridges |
FOREWORD: RACE IN THE ROBERTS COURT |
136 Harvard Law Review 23 (November, 2022) |
C1-2CONTENTS Introduction. 24 I. Race in the Roberts Court's October 2021 Term: Uncovering Racist Anachronisms. 34 A. Dobbs v. Jackson Women's Health Organization. 34 1. Eulogy for Roe. 42 2. Race in the Court's Abortion Caselaw, More Generally. 55 B. New York State Rifle & Pistol Association v. Bruen. 66 1. Gun Control: Liberal Invocations of Race... |
2022 |
| Addie C. Rolnick |
INDIGENOUS SUBJECTS |
131 Yale Law Journal 2652 (June, 2022) |
This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... |
2022 |
| The Task Force 2.0 Research Working Group |
RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT |
45 Seattle University Law Review 969 (Spring, 2022) |
As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade... |
2022 |
| The Task Force 2.0 Research Working Group |
RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT |
57 Gonzaga Law Review 119 (2021/2022) |
C1-2Table of Contents Message from the Task Force Co-Chairs. 121 Participating Organizations and Institutions. 123 Acknowledgments. 125 Definitions. 129 Executive Summary. 134 I. Introduction. 139 II. Capsule Summary of 2011 Findings and Some Key Developments Since Then. 140 A. Capsule Summary of 2011 Findings. 140 B. Some Key Court Developments... |
2022 |
| The Task Force 2.0 Research Working Group |
RACE AND WASHINGTON'S CRIMINAL JUSTICE SYSTEM: 2021 REPORT TO THE WASHINGTON SUPREME COURT |
97 Washington Law Review 1 (March, 2022) |
As Editors-in-Chief of the Washington Law Review, Gonzaga Law Review, and Seattle University Law Review, we represent the flagship legal academic publications of each law school in Washington State. Our publications last joined together to publish the findings of the first Task Force on Race and the Criminal Justice System in 2011/12. A decade... |
2022 |
| Pavan S. Krishnamurthy |
RACIAL BIAS IN THE UNITED STATES ARMED FORCES: A THREAT TO NATIONAL SECURITY IN THE ERA OF RENEWED GREAT POWER COMPETITION |
29 Virginia Journal of Social Policy and the Law 31 (Winter, 2022) |
Introduction. 33 I. The History of International Security Environments. 35 A. The Cold War Era. 35 B. The Post-Cold War Era. 36 C. The Era of Renewed Great Power Competition. 36 II. Racial Bias in the United States Armed Forces. 38 Diagram 1: Racial Bias within Micro and Macro Perspectives. 40 A. Racial Bias in the Cold War Era. 40 B. Racial Bias... |
2022 |
| Christina Duffy Ponsa-Kraus |
THE INSULAR CASES RUN AMOK: AGAINST CONSTITUTIONAL EXCEPTIONALISM IN THE TERRITORIES |
131 Yale Law Journal 2449 (June, 2022) |
The Insular Cases have been enjoying an improbable--and unfortunate-- renaissance. Decided at the height of what has been called the imperialist period in U.S. history, this series of Supreme Court decisions handed down in the early twentieth century infamously held that the former Spanish colonies annexed by the United States in 1898--Puerto... |
2022 |
| Aurora J. Grutman |
THE RACIAL WEALTH GAP IS A RACIAL HEALTH GAP |
110 Kentucky Law Journal 723 (2021-2022) |
Table of Contents. 723 Introduction. 724 I. Race-Based Income and Wealth Inequalities. 725 II. Race-Based Health Inequalities. 729 III. The Interrelationship of Health and Wealth. 735 Conclusion. 737 |
2022 |
| Ming Tanigawa-Lau |
THE STATE'S KULEANA: DECONSTRUCTING THE PERMITTING PROCESS FOR THE THIRTY-METER TELESCOPE AND FINDING RESTORATION THROUGH SYSTEMIC VALIDATION OF NATIVE HAWAIIAN RIGHTS |
68 UCLA Law Review 1390 (January, 2022) |
To many Native Hawaiians, Maunakea is a sacred place, central to their creation. To the astronomy community, it represents modern astronomy's greatest opportunity for scientific advancement. The steady construction of observatories on Maunakea since the 1960s, and the resultant destruction of the mountain's natural and spiritual landscape... |
2022 |
| Madelyn Lehualani McKeague |
TO RAISE THE HEALTH STATUS OF NATIVE HAWAIIANS TO THE HIGHEST POSSIBLE LEVEL: AN EXPANSIVE READING OF THE NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT |
24 Asian-Pacific Law and Policy Journal 120 (Fall, 2022) |
I. Introduction. 121 II. Kuleana: Trust and Responsibility. 123 A. A Brief History of the Colonization of Hawai'i. 124 B. Health Effects of Colonization. 127 C. The Trust Relationship. 129 III. The Native Hawaiian Health Care Improvement Act. 133 A. E Ola Mau. 134 B. The Text of the Act. 137 C. Papa Ola Lkahi. 140 D. E Ola Mau A Mau. 141 IV.... |
2022 |
| Oliver J. Kim |
TSUNAMI: RECOMMITTING TO ADDRESS AAPI MENTAL HEALTH IN A POST-COVID ERA |
46 Nova Law Review 370 (Winter, 2022) |
I. Introduction. 370 II. Overview of AAPIs in the United States. 373 III. AAPIs and Mental Health. 376 A. Stoicism as a Familiar Cultural Theme. 376 B. Identity as a Model Minority. 377 C. Prevalence of Mental Health Needs in the AAPI Community. 380 IV. The Impact of COVID-19 on The Asian American Community. 382 A. The Pandemic's Economic Impact on... |
2022 |
| William K. Meheula III, Esq. |
A LITIGATOR'S APPROACH TO ISSUES CONCERNING EXERCISE AND PROTECTION OF NATIVE HAWAIIAN TRADITIONAL AND CUSTOMARY RIGHTS |
43 University of Hawaii Law Review 592 (Summer, 2021) |
This comment focuses on considerations litigators in Chapter 91 administrative and judicial proceedings must be prepared to analyze when pursuing or defending a claim involving impacts to Native Hawaiian traditional and customary rights and the natural and cultural resources that support these practices. The exercise and protection of Native... |
2021 |
| Govind Persad |
ALLOCATING MEDICINE FAIRLY IN AN UNFAIR PANDEMIC |
2021 University of Illinois Law Review 1085 (2021) |
America's COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should... |
2021 |
| Noelani Nasser |
AMERICAN IMPERIALISM IN HAWAI'I: HOW THE UNITED STATES ILLEGALLY USURPED A SOVEREIGN NATION AND GOT AWAY WITH IT |
48 Hastings Constitutional Law Quarterly 319 (Winter, 2021) |
In 1778, England's Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai'i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural... |
2021 |
| Laura Smalarz , Yueran Yang , Gary L. Wells |
EYEWITNESSES' FREE-REPORT VERBAL CONFIDENCE STATEMENTS ARE DIAGNOSTIC OF ACCURACY |
45 Law and Human Behavior 138 (April, 2021) |
Objectives: We assessed recent policy recommendations to collect eyewitnesses' confidence statements in witnesses' own words as opposed to numerically. We conducted an experiment to test whether eyewitnesses' free-report verbal confidence statements are as diagnostic of eyewitness accuracy as their numeric confidence statements and whether the... |
2021 |
| Eric K. Yamamoto , Susan K. Serrano |
FOREWORD TO THE REPUBLICATION OF RACIALIZING ENVIRONMENTAL JUSTICE |
92 University of Colorado Law Review 1383 (Special Issue 2021) |
Systemic racism! The burgeoning 2020 Black Lives Matter protests vaulted this formerly whispered phrase into mainstream public consciousness. Through news headlines, social media, educational classes, opinion essays, word of mouth, and more, America grappled with the enormity of racism as a form of oppression of people and communities, as... |
2021 |
| Troy J.H. Andrade |
HAWAI'I '78: COLLECTIVE MEMORY AND THE UNTOLD LEGAL HISTORY OF REPARATIVE ACTION FOR KNAKA MAOLI |
24 University of Pennsylvania Journal of Law and Social Change 85 (2021) |
Constructed from years of archival and legal research, and in-depth interviews, this Article unearths the story of Native Hawaiians who, tired of failed promises and hollow apologies, in 1978 capitalized on an indigenous cultural and political revival to change the law and secure reparative action. The Native Hawaiian community... |
2021 |
| Cody Uyeda |
MOUNTAINS, TELESCOPES, AND BROKEN PROMISES: THE DIGNITY TAKING OF HAWAII'S CEDED LANDS |
28 Asian American Law Journal 65 (2021) |
Introduction. 66 I. Why Native Hawaiian Dignity Restoration Matters Today. 67 A. Bettering Native Hawaiian Health. 67 B. Re-Righting Hawaiian History. 69 II. Hawaii's Annexation and Formation of the Ceded Lands. 70 A. Overthrow and Annexation. 70 B. Formation of Hawaii's Ceded Lands. 71 C. The Ceded Lands Dispute. 74 D. The Ceded Lands Today. 76... |
2021 |
| John Taschner |
NATIVE HAWAIIANS' DISPROPORTIONAL INCARCERATION RATES LEADING TO DISPROPORTIONAL JAIL DEATHS |
21 Journal of Law in Society 93 (Winter, 2021) |
Introduction. 93 I. Native Hawaiians: Historically High Rates of Incarceration. 96 A. The Native Hawaiian Diaspora: Legacy of Inequality and Struggle. 99 II. Native Hawaiians and Justice: Incarceration of Hawaiian Community and Hawaiian Culture. 104 A. Incarcerated Native Hawaiians: High Rates of COVID-19. 106 III. Call for Overdue Reform:... |
2021 |
| Terina Kamailelauli'i Fa'agau |
RECLAIMING THE PAST FOR MAUNA A WKEA'S FUTURE: THE BATTLE OVER COLLECTIVE MEMORY AND HAWAI'I'S MOST SACRED MOUNTAIN |
22 Asian-Pacific Law and Policy Journal 1 (May 15, 2021) |
I. Understanding the Relationship Between Past, Present, and Future. 2 II. Collective Memory's Essential Role in Shaping Narratives of Justice for Knaka Maoli. 7 A. Understanding Collective Memory. 9 B. Collective Memory's Power and Potential for Justice Struggles in Hawai'i. 11 III. Ka Piko Kaulana o Ka 'ina: The Famous Summit of the Land. 16 A.... |
2021 |
| David M. Forman |
REOCCURRING CULTURAL INSENSITIVITY: CONFRONTING THE ABDICATION OF CORE JUDICIAL FUNCTIONS |
43 University of Hawaii Law Review 341 (Summer, 2021) |
ROAD MAP. 347 I. AGENCY INTERPRETATIONS OF THEIR OWN ADMINISTRATIVE REGULATIONS ARE NOT ENTITLED TO DEFERENCE UNDER PASH. 351 II. REVISITING THE PASH GUIDELINES: ELEMENTS OF HAWAI'I'S CUSTOM DOCTRINE AND OTHER BADLY NEEDED JUDICIAL GUIDANCE. 356 A. PASH footnote 43. 356 B. PASH footnotes 23 and 25. 357 C. PASH footnote 26. 359 D. PASH footnote... |
2021 |
| Andrea Freeman |
SKIMMED REVISITED |
57 California Western Law Review 331 (Spring, 2021) |
I did not get the chance to visit Reidsville, North Carolina, until after I submitted the last edits on Skimmed. Within minutes of setting foot in the town, I understood how such a terrible thing could have happened to the Fultz sisters there, in their birthplace. My first stop was Annie Penn Memorial Hospital (now Cone Health), where Annie Mae... |
2021 |
| David E. Bernstein |
THE MODERN AMERICAN LAW OF RACE |
94 Southern California Law Review 171 (January, 2021) |
C1-2TABLE OF CONTENTS INTRODUCTION. 172 I. THE MODERN HISTORY OF FEDERAL RACIAL AND ETHNIC CATEGORIES. 187 A. Pre-1964: Official Minority Categories Emerge. 187 B. The 1964 Civil Rights Act and its Aftermath. 190 C. The Nixon Administration: The Philadelphia Plan, the Small Business Administration, the Interagency Commission, and the Origins of the... |
2021 |
| Mira Edmonds |
THE REINCORPORATION OF PRISONERS INTO THE BODY POLITIC: ELIMINATING THE MEDICAID INMATE EXCLUSION POLICY |
28 Georgetown Journal on Poverty Law and Policy 279 (Spring, 2021) |
Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (MIEP). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the... |
2021 |
| 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 |
| 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 |
| Stewart Chang |
BRIDGING DIVIDES IN DIVISIVE TIMES: REVISITING THE MASSIE-FORTESCUE AFFAIR |
42 University of Hawaii Law Review 4 (Spring, 2020) |
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various... |
2020 |
| 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 |
| |
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 |
| William N. K. Crowell |
CHIPPING AWAY AT THE PUBLIC TRUST DOCTRINE: MAUNA KEA AND THE DEGRADATION PRINCIPLE |
21 Asian-Pacific Law and Policy Journal 1 (May 25, 2020) |
I. INTRODUCTION. 1 II. BACKGROUND. 5 A. Mauna Kea is Sacred to Native Hawaiians. 6 B. The Public Trust Doctrine. 9 C. The Cases Leading Up to Mauna Kea II. 12 1. Mauna Kea I. 13 2. Flores v. BLNR. 13 3. Kilakila v. BLNR. 14 III. MAUNA KEA II: MAJORITY DECISION. 17 A. Conservation and Protection Extend to TMT Site Land. 20 B. The State's Duty is... |
2020 |
| 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 |
| 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 |