| Author | Title | Publication Name | Summary | Year | Key Term in Title or Summary |
| Deniz Aritürk, Michele M. Easter, Jeffrey W. Swanson, Marvin S. Swartz |
DIVERSION TO TREATMENT WHEN TREATMENT IS SCARCE: BIOETHICAL IMPLICATIONS OF THE U.S. RESOURCE GAP FOR CRIMINAL DIVERSION PROGRAMS |
52 Journal of Law, Medicine & Ethics 65 (Spring, 2024) |
Keywords: Community Mental Health Services, Criminal Legal System, Diversion To Treatment, Behavioral Health, Substance Use, Mental Illness Précis: Despite significant scholarship, research, and funding dedicated to implementing criminal diversion programs over the past two decades, persons with serious mental illness and substance use disorders... |
2024 |
|
| Nakoa S. Gabriel |
HAWAI'I FAMILY COURT AND BRIDGING THE MISCONNECT |
26 Asian-Pacific Law and Policy Journal 51 (Fall, 2024) |
I. Introduction. 52 II. Understanding Interplays Between the Native Hawaiian Family and Religion. 56 A. Kumulipo: The Native Hawaiian Creation Story. 56 B. The Expansive 'Ohana Through a Native Hawaiian Framework. 58 C. Conflict Resolution Through Ho'oponopono. 61 III. Determining an Effective Family Court System: An Ecological & Culturally... |
2024 |
Yes |
| Cory R. Liu , Anthony Pericolo |
INDIVIDUAL DIGNITY AS THE FOUNDATION OF AN INCLUSIVE SOCIETY |
77 SMU Law Review 219 (Winter, 2024) |
In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court considered voluminous evidence that Harvard discriminated against Asian Americans to keep the racial composition of its student body similar year after year. The Court held that Harvard engaged in unlawful discrimination, providing clarity to an area... |
2024 |
|
| Jordana R. Goodman , Paul R. Gugliuzza , Rachel Rebouché |
INEQUALITY ON APPEAL: THE INTERSECTION OF RACE AND GENDER IN PATENT LITIGATION |
58 U.C. Davis Law Review 829 (December, 2024) |
Today, roughly 40% of U.S. lawyers are women, 15% are people of color, and 8% are women of color. Yet people of color, and women of all racial identities, rarely climb to the most elite levels of law practice. This Article, based on a first-of-its-kind, hand-coded dataset of the gender and perceived race of thousands of lawyers and case outcomes,... |
2024 |
|
| Khiara M. Bridges |
RACE IN THE MACHINE: RACIAL DISPARITIES IN HEALTH AND MEDICAL AI |
110 Virginia Law Review 243 (April, 2024) |
What does racial justice--and racial injustice--look like with respect to artificial intelligence in medicine (medical AI)? This Article offers that racial injustice might look like a country in which law and ethics have decided that it is unnecessary to inform people of color that their health is being managed by a technology that likely encodes... |
2024 |
|
| Roberto L. Corrada |
RPL, CRT, & LATCRIT: "FINDING THE 'ME' IN THE LEGAL ACADEMY" |
101 Denver Law Review 483 (Spring, 2024) |
In 1990, I was the first Latino professor hired to a tenure-track faculty position by the University of Denver Sturm College of Law (Sturm). As a Puerto Rican--who spent part of my childhood in Puerto Rico--I often reflect on race relations in the United States and the different experiences I have had living in each country. When I became a law... |
2024 |
|
| Jon C. Dubin |
THE COLOR OF SOCIAL SECURITY: RACE AND UNEQUAL PROTECTION IN THE CROWN JEWEL OF THE AMERICAN WELFARE STATE |
35 Stanford Law and Policy Review 104 (February, 2024) |
The Social Security Act is undoubtedly one of the nation's most important accomplishments in addressing Americans' economic insecurity, poverty and human suffering. However, since its enactment in 1935, it has fallen short in delivering on the promise of equitable economic protection for African Americans and similarly situated persons of color.... |
2024 |
|
| 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 |
Yes |
| 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 |
Yes |
| 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 |
|
| Steven J. Cleveland |
DIVERSITY DISCLOSURES: UNCONSTITUTIONALLY COMPELLED SPEECH BY THE SEC |
90 Tennessee Law Review 747 (Summer, 2023) |
Introduction. 748 I. The SEC's Contemplated Regulations. 751 A. Existing Rules Compelling Diversity Disclosures. 752 B. Interests Furthered by Diversity Disclosures. 761 II. First Amendment. 769 A. Compelled Speech. 771 B. Commercial Speech. 772 1. The Historic View. 772 2. A Modern, ESG-Oriented View. 774 3. Zauderer. 777 a. Factual. 779 b.... |
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 |
Yes |
| Scott DeVito, Kelsey Hample, Erin Lain |
ONEROUS DISABILITIES AND BURDENS: AN EMPIRICAL STUDY OF THE BAR EXAMINATION'S DISPARATE IMPACT ON APPLICANTS FROM COMMUNITIES OF COLOR |
43 Pace Law Review 205 (Spring, 2023) |
Change will not come if we wait for some other person or some other time. We are the ones we've been waiting for. We are the change that we seek.--Barack Obama, This Article provides the results of the most comprehensive and detailed analysis of the correlation between bar passage and race and ethnicity. It provides the first proof of racially... |
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 |
Yes |
| Mallorie Chiemi 'Aiwohi |
RECONCILING MAOLI INTERESTS IN A HAOLE FORUM: LIMITATIONS TO THE U.S. DEPARTMENT OF THE INTERIOR'S CONSULTATION POLICY THAT UNDERMINE NATIVE HAWAIIAN SELF-DETERMINATION |
46 University of Hawaii Law Review 93 (Winter 2023) |
Nearly one hundred thirty years after the United States illegally overthrew the Hawaiian Kingdom, the U.S. Department of the Interior unilaterally drafted the United States' first consultation policy with the Native Hawaiian Community. The policy recognizes a government-to-sovereign relationship between the United States and the Native Hawaiian... |
2023 |
Yes |
| 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 |
Yes |
| 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 |
|
| Eric K. Yamamoto , Suhyeon Burns , Taylor Takeuchi |
APOLOGY & REPARATION II: UNITED STATES ENGAGEMENT WITH NEAR-FINAL STAGES OF JEJU 4.3 SOCIAL HEALING |
45 University of Hawaii Law Review 77 (Winter 2022) |
I. Overview: Healing The Persisting Wounds Of The Jeju 4.3 Tragedy. 78 A. Intertwining the 1980s Japanese American Coram Nobis Case Reopenings and the 2018 Jeju 4.3 Military Commissions Retrials. 83 B. What's Missing from the Jeju 4.3 Social Healing Initiative Even After Judge Chang's Rulings?. 86 C. Calls from Researchers, Residents, Human Rights... |
2022 |
|
| 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 |
Yes |
| 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 |
|
| Isabelle H. Constant , Robin William Girard, Ph.D. , Dru Hara |
MUTUAL AID AND MAUNAKEA: POLICING PROTESTS POST-FLORES |
45 University of Hawaii Law Review 233 (Winter 2022) |
I. Introduction. 234 II. Background. 235 A. Context Leading up to the Case. 235 B. Facts of the Case. 237 C. Procedural History. 239 1. Flores' Complaint Seeking Injunctive Relief from Police Chiefs Dismissed for Lack of Private Right of Action. 239 2. ICA Affirmed Circuit Court's Dismissal. 241 3. Hawai'i Supreme Court Unanimously Upheld ICA... |
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 |
|
| D. Kapua'ala Sproat , MJ Palau-McDonald |
THE DUTY TO ALOHA 'INA: INDIGENOUS VALUES AS A LEGAL FOUNDATION FOR HAWAI'I'S PUBLIC TRUST |
57 Harvard Civil Rights-Civil Liberties Law Review 525 (Fall, 2022) |
Hawaiian language newspapers (npepa) were a vital forum for public discourse and cultural expression, especially in the wake of the illegal overthrow of the sovereign Kingdom of Hawai'i in 1893. As the social media of their era, n pepa now provide invaluable insight into Native Hawaiian life, culture, values, and more. An 1895 article... |
2022 |
Yes |
| 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 |
Yes |
| 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 |
Yes |
| 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 |
|
| 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 |
Yes |
| 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) |
Abstract. 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 |
Yes |
| 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 |
Yes |
| 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 |
Yes |
| 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 (5/15/2021) |
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 |
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