| Author | Title | Publication Name | Summary | Year | Key Term in Title or Summary |
| Bianca Isaki |
STATE CONSERVATION AS SETTLER COLONIAL GOVERNANCE AT KA'ENA POINT, HAWAI'I |
3 Barry University Environmental and Earth Law Journal 57 (2013) |
This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a predator-proof fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka'ena Point, a state... |
2013 |
Yes |
| Eric K. Yamamoto , Kanoelani Pu'uohau |
A MODEST PROPOSAL FOR DETERMINING CLASS MEMBER DAMAGES: AGGREGATION AND EXTRAPOLATION IN THE KALIMA V. STATE BREACH OF HOMELANDS TRUST CLASS ACTION |
34 University of Hawaii Law Review 1 (Winter, 2012) |
PROLOGUE. 2 I. INTRODUCTION. 3 II. HISTORICAL OVERVIEW OF THE HAWAIIAN HOMELANDS TRUST. 7 A. Federal Government Attempts to Rehabilitate Native Hawaiians Through the Hawaiian Homes Commission Act. 7 B. Hawaiian Homelands Trust is Transferred to the State of Hawai'i. 10 C. Persistent Breaches Lead to a Broken Trust. 10 D. State Attempts to Repair... |
2012 |
Yes |
| Roel Mangiliman , Myron Dean Quon |
IN THE MARGINS: HOW MAINSTREAM LEGAL ADVOCACY STRATEGIES FAIL TO FULLY ASSIST ASIAN AMERICAN, NATIVE HAWAIIAN, AND PACIFIC ISLANDER LGBT YOUTH |
19 Asian American Law Journal 5 (2012) |
Introduction: Charlene Nguon. 6 I. Who are Asian American, Native Hawaiian, and Pacific Islander Lesbian Gay Bisexual Transgender Youth?. 9 A. Demographics. 10 B. Racism and Homophobia. 12 II. Mainstream Legal Strategies. 14 A. LGBT Legal Strategies. 14 B. APA Legal Strategies. 16 III. How Mainstream Legal Strategies Fail To Empower APA LGBT Youth.... |
2012 |
Yes |
| Melody Kapilialoha MacKenzie |
KE ALA LOA - THE LONG ROAD: NATIVE HAWAIIAN SOVEREIGNTY AND THE STATE OF HAWAI'I |
47 Tulsa Law Review 621 (Spring 2012) |
I. Introduction. 622 II. The Genesis of the Native Hawaiian-State Relationship. 624 A. The 1893 Overthrow of the Hawaiian Kingdom. 625 B. Annexation and the Ceded Lands. 626 C. The Hawaiian Homes Commission Act. 628 D. Statehood and the Admission Act. 630 E. 1978 State Constitutional Amendments. 632 III. Recent Controversies in the Native... |
2012 |
Yes |
| Mary K. Nagle |
NOTHING TO TRUST: THE UNCONSTITUTIONAL ORIGINS OF THE POST-DAWES ACT TRUST DOCTRINE |
48 Tulsa Law Review 63 (Summer 2012) |
Most Americans today are aware that the vast majority of the lands in the United States were acquired from Native Americans. Although Americans know that the United States took Indian lands, most Americans have no idea how this taking was fully accomplished--nor do they understand how the taking was ever legally justified. Indeed, numerous legal... |
2012 |
|
| Kimani Paul-Emile |
THE REGULATION OF RACE IN SCIENCE |
80 George Washington Law Review 1115 (6/1/2012) |
The overwhelming majority of biological scientists agree that there is no such thing as race among modern humans. Yet, scientists regularly deploy race in their studies, and federal laws and regulations currently mandate the use of racial categories in biomedical research. Legal commentators have tried to make sense of this paradox primarily by... |
2012 |
|
| Derek H. Kauanoe , Breann Swann Nu'uhiwa |
WE ARE WHO WE THOUGHT WE WERE: CONGRESS' AUTHORITY TO RECOGNIZE A NATIVE HAWAIIAN POLITY UNITED BY COMMON DESCENT |
13 Asian-Pacific Law and Policy Journal 117 (2012) |
L1-2Introduction . L3118 A. Missing Context, Invented Concepts, and Misrepresentations. 120 I. Framing the Issue. 124 A. Native (Cultural) Sovereignty Framework. 125 1. Cultural Sovereignty. 125 2. The Role of Political Sovereignty. 126 3. The Native Sovereignty Framework. 127 II. The Power to Define the People. 128 A. Locating Cultural... |
2012 |
Yes |
| Alaina R. Walker |
CHOOSING TO BE MULTIRACIAL IN AMERICA: THE SOCIOPOLITICAL IMPLICATIONS OF THE "CHECK ALL THAT APPLY" APPROACH TO RACE ADOPTED IN THE 2000 U.S. CENSUS |
21 Berkeley La Raza Law Journal 61 (2011) |
The personal is political. Race in America has long been a contentious subject, especially when the government has been involved. Race can mean something different to everyone, and yet, it is widely understood as having real implications and consequences. Many scholars understand that race is a social construct[:] a social artifact, which... |
2011 |
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| Eric K. Yamamoto , Sara D. Ayabe |
COURTS IN THE "AGE OF RECONCILIATION": OFFICE OF HAWAIIAN AFFAIRS V. HCDCH |
33 University of Hawaii Law Review 503 (Summer, 2011) |
To heal the persisting wounds of historic injustice, governments, communities, and civil and human rights groups throughout the world are shaping redress initiatives around some form of reconciliation. Many of the initiatives are salutary. All are fraught with challenges. In Asia, Japan reluctantly faces continuing demands from victims of its World... |
2011 |
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| Melody Kapilialoha MacKenzie |
KE ALA PONO - THE PATH OF JUSTICE: THE MOON COURT'S NATIVE HAWAIIAN RIGHTS DECISIONS |
33 University of Hawaii Law Review 447 (Summer, 2011) |
In the fall of 2008, hundreds of Native Hawaiians and their supporters lined the streets near the Hawai'i State Capitol wearing red T-shirts with the words K I Ka Pono printed across the front and holding signs reading, Justice for Hawaiians and Ceded Lands Are Stolen Lands. The demonstrators were showing their support for a unanimous opinion... |
2011 |
Yes |
| Ralph D. Mawdsley, J.D., Ph.D. |
LANGUAGE AND CULTURE RESTRICTIONS IN K–12 NONPUBLIC SCHOOLS: EXPLORING THE REACH OF FEDERAL NONDISCRIMINATION LAW |
270 West's Education Law Reporter 21 (9/29/2011) |
Of the approximately 5,000,000 students in the U.S. attending nonpublic schools, 80 percent of these students attend sectarian schools. Because of the manner in which federal nondiscrimination statutes are written or are interpreted, students or employees in some of these schools may find themselves excluded from protection under certain federal... |
2011 |
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| Kevin Brown |
SHOULD BLACK IMMIGRANTS BE FAVORED OVER BLACK HISPANICS AND BLACK MULTIRACIALS IN THE ADMISSIONS PROCESSES OF SELECTIVE HIGHER EDUCATION PROGRAMS? |
54 Howard Law Journal 255 (Winter 2011) |
INTRODUCTION. 256 I. EFFORTS TO STANDARDIZE THE COLLECTION OF DATA ON RACE AND ETHNICITY IN THE 1970s: ADOPTION OF DIRECTIVE 15. 266 II. ADOPTION OF THE 1997 REVISED STANDARDS. 272 A. Need to Revise Directive 15. 272 B. 1997 Revised Standards. 274 1. Hispanic/Latino Ethnicity Question and the Two Question Format. 274 2. How to Collect Data on... |
2011 |
|
| Emily Droll |
THE AKAKA BILL AND NATIVE HAWAIIAN USUFRUCTUARY RIGHTS |
3 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Spring, 2011) |
American Indians have historically been accorded a special status in American jurisprudence. Included in this special status is the right to continue subsistence land uses such as hunting, fishing, and gathering even after transferring sovereignty of Indian land to the United States Government. When the United States was originally expanding... |
2011 |
Yes |
| Ryan Kananiokahome Poiekeala Kanaka'ole |
THE INDIVISIBLE 'OHANA: EXTENDING NATIVE HAWAIIAN GATHERING RIGHTS TO NON-HAWAIIAN FAMILY MEMBERS |
12 Asian-Pacific Law and Policy Journal 145 (2011) |
Introduction. 146 I. The Hawaiian 'ohana System. 148 A. The General Concept of 'Ohana. 148 B. The Relevance of the Hawaiian 'Ohana from Pre-Western Contact Hawai'i to Present Day. 149 C. The Inclusive Nature of the Hawaiian 'Ohana as Illustrated through the Practice of Hnai. 154 D. The Role of the Non-Hawaiian in the Hawaiian 'Ohana. 156 II. The... |
2011 |
Yes |
| Addie C. Rolnick |
THE PROMISE OF MANCARI: INDIAN POLITICAL RIGHTS AS RACIAL REMEDY |
86 New York University Law Review 958 (October, 2011) |
In 1974, the Supreme Court declared that an Indian employment preference was based on a political rather than racial classification. The Court's framing of Indianness as a political matter and its positioning of political and racial as opposing concepts has defined the trajectory of federal Indian law and influenced common sense ideas about... |
2011 |
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| Kevin Brown , Tom I. Romero, II |
THE SOCIAL RECONSTRUCTION OF RACE & ETHNICITY OF THE NATION'S LAW STUDENTS: A REQUEST TO THE ABA, AALS, AND LSAC FOR CHANGES IN REPORTING REQUIREMENTS |
2011 Michigan State Law Review 1133 (2011) |
Introduction. 1134 I. AALS Should Maintain Separate Reporting of Mexican Americans and Puerto Ricans. 1143 A. Brief History of Mexican American, Puerto Rican, and Cuban Experiences. 1148 1. Mexican Americans. 1148 2. Puerto Ricans. 1158 3. Cubans. 1161 B. Social-Economic Differences. 1164 C. Why Mexican Americans and Puerto Ricans Should Be... |
2011 |
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| D. Kapua'ala Sproat |
WAI THROUGH KNWAI: WATER FOR HAWAI'I'S STREAMS AND JUSTICE FOR HAWAIIAN COMMUNITIES |
95 Marquette Law Review 127 (Fall 2011) |
Kaulana N Wai Eh: Famous are the Four Great Waters of Waihee River, and Waiehu, ao, and Waikap Streams in the heart of Central Maui. Since time immemorial, Knaka Maoli (Native Hawaiians) revered the abundance of fresh water in Hawaii's rivers and streams, including N Wai Eh, as a physical embodiment of Kneikawaiola, a gift from the... |
2011 |
Yes |
| Christine Tamer |
ARAB AMERICANS, AFFIRMATIVE ACTION, AND A QUEST FOR RACIAL IDENTITY |
16 Texas Journal on Civil Liberties & Civil Rights 101 (Fall 2010) |
I. Introduction. 101 II. The Worst of Both Worlds. 103 A. Post 9-11 Racism, Hate, and Discrimination. 105 B. Discrimination, Racism, and Overt Acts of Hate on Campus. 106 III. Officially White; Realistically Black. 108 A. Check it Right, You Ain't White!. 112 B. The Mark of Blackness. 114 IV. Race-Based Affirmative Action and Why Arab Americans... |
2010 |
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| Kenneth L. Marcus |
FIXING THE CIVIL RIGHTS COMMISSION |
11 Engage: The Journal of the Federalist Society Practice Groups 9 (3/1/2010) |
Several dozen advocacy organizations have recently promoted a high-profile proposal to fix the U.S. Commission on Civil Rights. Their goal is to change the name of the commission to The U.S. Commission on Civil and Human Rights and to authorize the new commission to monitor U.S. compliance with international human rights treaties. At the same... |
2010 |
|
| Courtenay W. Daum, Eric Ishiwata |
FROM THE MYTH OF FORMAL EQUALITY TO THE POLITICS OF SOCIAL JUSTICE: RACE AND THE LEGAL ATTACK ON NATIVE ENTITLEMENTS |
44 Law and Society Review 843 (September/December, 2) |
This article examines how the conservative legal movement's successful count-ermobilization of the politics of rights enables U.S. Supreme Court outcomes that exacerbate racial and ethnic inequities while solidifying the privileged position of others in the name of equality. A comparison of two pivotal Supreme Court cases involving native... |
2010 |
|
| Jerry Kang |
IMPLICIT BIAS AND THE PUSHBACK FROM THE LEFT |
54 Saint Louis University Law Journal 1139 (Summer 2010) |
Over the past three decades, the mind sciences have provided remarkable insights about how our brains process social categories. For example, scientists have discovered that implicit biases--in the form of stereotypes and attitudes that we are unaware of, do not consciously intend, and might reject upon conscious self-reflection--exist and have... |
2010 |
|
| R. HōKūlei Lindsey |
NATIVE HAWAIIANS AND THE CEDED LANDS TRUST: APPLYING SELF-DETERMINATION AS AN ALTERNATIVE TO THE EQUAL PROTECTION ANALYSIS |
34 American Indian Law Review 223 (2009-2010) |
And while we sought by peaceful political means to maintain the dignity of the throne, and to advance national feeling among the native people, we never sought to rob any citizen, wherever born, of either property, franchise, or social standing. These are the words of Hawai'i's last reigning monarch, Queen Lili'uokalani. The Queen wrote these... |
2010 |
Yes |
| Natasha Baldauf |
ONE-WAY TRACK TO DESECRATION: IMPLICATIONS OF THE HONOLULU RAIL'S FAILURE TO COMPLY WITH PROTECTIONS MANDATED FOR NATIVE HAWAIIAN BURIALS |
12 Asian-Pacific Law and Policy Journal 141 (2010) |
Introduction. 142 I. Laying the Foundation: Understanding the Cultural Framework of Iwi And Rail. 146 A. Iwi's Cultural and Historical Significance to Native Hawaiians. 146 B. Continuing Challenges in the Protection of Sacred Sites and Burials. 152 C. Kaka'ako: Ground Zero for Native Hawaiian Burials. 156 D. Basic Overview of Rail Project. 158 II.... |
2010 |
Yes |
| Bethany R. Berger |
RECONCILING EQUAL PROTECTION AND FEDERAL INDIAN LAW |
98 California Law Review 1165 (August, 2010) |
Federal Indian law and policy, which largely concern the distinct status of Indian individuals and tribes defined in part by descent, increasingly face challenges that they violate equal protection law. This Article argues that such challenges stem from what Professor Philip Frickey has criticized as the seduction of artificial coherence, and... |
2010 |
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| Kerry Kumabe |
THE PUBLIC'S RIGHT OF PARTICIPATION: ATTAINING ENVIRONMENTAL JUSTICE IN HAWAI'I THROUGH DELIBERATIVE DECISIONMAKING |
17 Asian American Law Journal 181 (2010) |
What are the most effective means for attaining environmental justice? Environmental justice scholars such as Craig Anthony Arnold, Eileen Gauna, Luke Cole, and Sheila Foster have long advocated for a proactive strategy that emphasizes public participation in land use planning and regulation, rather than a reactive, post-hoc legal strategy. As the... |
2010 |
|
| Connie de la Vega |
THE SPECIAL MEASURES MANDATE OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: LESSONS FROM THE UNITED STATES AND SOUTH AFRICA |
16 ILSA Journal of International and Comparative Law 627 (Summer, 2010) |
I. L2-3,T3The Special Measures Standards under CERD and International Law 633. II. L2-3,T3Affirmative Action in the United States 644. A. Demographics. 644 B. The History of Affirmative Action and the Supreme Court's Response in the United States. 651 III. L2-3,T3Affirmative Action in South Africa 659. A. Demographics. 659 B. The History of... |
2010 |
|
| Laura E. Gómez |
UNDERSTANDING LAW AND RACE AS MUTUALLY CONSTITUTIVE: AN INVITATION TO EXPLORE AN EMERGING FIELD |
6 Annual Review of Law and Social Science 487 (2010) |
racial stratification, social construction of race, colonialism, ideology, social control, critical race theory, race and ethnic relations This article argues that law and race coconstruct each other. The idea that race is socially constructed has become widely accepted, and studies increasingly have explored law's role in shaping racial... |
2010 |
|
| Ryan William Nohea Garcia |
WHO IS HAWAIIAN, WHAT BEGETS FEDERAL RECOGNITION, AND HOW MUCH BLOOD MATTERS |
11 Asian-Pacific Law and Policy Journal 85 (2010) |
I. Introduction. 86 II. The Akaka Bill. 87 III. Relevant Hawaiian History. 94 A. Settlement of Hawai'i. 95 B. Pre-Western Contact Political Organization. 98 C. Unifying the Kapu Chiefdoms. 99 D. Kamehameha's Unified Kapu Chiefdom. 102 E. Preserving Kamehameha's Unified Kapu-Chiefdom. 104 F. Establishing the Kingdom of Hawai'i. 106 G. Securing... |
2010 |
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| Richard A. Guest |
"MOTHERHOOD AND APPLE PIE" |
56-APR Federal Lawyer 52 (March/April, 2009) |
On June 25, 2008, a sharply divided U.S. Supreme Court took another significant step in diminishing the authority of Indian tribes over nonmembers. In a 5-4 decision in Plains Commerce Bank v. Long Family Land & Cattle Co., 128 S. Ct. 2709 (2008), the Court held that the Cheyenne River Sioux Tribal Court does not have jurisdiction over a... |
2009 |
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| |
ANNOTATED LEGAL BIBLIOGRAPHY ON GENDER |
15 Cardozo Journal of Law & Gender 721 (Spring 2009) |
Abortion and Reproductive Rights. 722 Bioethics. 727 Children and Immigration. 727 Children and Teenagers. 729 Domestic Violence. 736 Education. 739 Family. 742 Gender and Violence. 744 Gender Bias. 745 Health. 746 History & Culture. 748 Human Rights. 748 Immigration. 749 LGBT Rights. 753 Marriage. 757 Parenting. 760 Race and Gender. 766 Religion.... |
2009 |
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| Philip C. Aka , Lucinda M. Deason |
CULTURALLY COMPETENT PUBLIC SERVICES AND ENGLISH-ONLY LAWS |
53 Howard Law Journal 53 (Fall 2009) |
I. INTRODUCTION AND PURPOSE OF STUDY. 56 II. MANIFESTATIONS OF ENGLISH-ONLY LAWS. 60 A. English-Only Laws at all Three Levels of the U.S. Political System. 61 1. National Level. 61 2. State Level. 64 3. Local Level. 66 B. English-Only Includes Laws of Supposedly Symbolic Value. 68 C. Summation. 69 III. LIMITED ENGLISH PROFICIENCY POPULATIONS IN THE... |
2009 |
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| Lahela Hiapola'ela'e Farrington Hite |
MAKA'ALA KE KANAKA KAHEA MANU: EXAMINING A POTENTIAL ADJUSTMENT OF KAMEHAMEHA SCHOOLS' TUITION POLICY |
32 University of Hawaii Law Review 237 (Winter 2009) |
In 1893, a group of civilians, supported by the full power of the United States Navy and the United States Minister to the Kingdom of Hawai'i, successfully overthrew the Hawaiian monarchy. This coup d'etat ushered in over a century of hardship and deprivation for the Native Hawaiians. Kamehameha Schools is one of the few remaining institutions... |
2009 |
Yes |
| Andrew R. Carl |
METHOD IS IRRELEVANT: ALLOWING NATIVE HAWAIIAN TRADITIONAL AND CUSTOMARY SUBSISTENCE FISHING TO THRIVE |
32 University of Hawaii Law Review 203 (Winter 2009) |
In 2002, the Circuit Court of the Third Circuit of the State of Hawai'i, in Kelly v. 1250 Oceanside Partners, concluded as a matter of law that: Method is relevant to claimed traditional and customary rights. Fishing and gathering practices lose their traditional and customary nature when performed with modern technology that: (a) substantially... |
2009 |
Yes |
| Kevin Brown |
NOW IS THE APPROPRIATE TIME FOR SELECTIVE HIGHER EDUCATION PROGRAMS TO COLLECT RACIAL AND ETHNIC DATA ON ITS BLACK APPLICANTS AND STUDENTS |
34 Thurgood Marshall Law Review 287 (Spring, 2009) |
In Parents Involved in Community Schools v. Seattle School District No. 1, all of the Justices reaffirmed their commitment to the 2003 higher education affirmative action decision in Grutter v. Bollinger. Grutter was clearly a victory for affirmative action in higher education. In Grutter, the Court concluded that the affirmative action policy... |
2009 |
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| Daniel Stearsman, Pharm.D. , College of Medicine, University of South Florida, Tampa, FL |
RACE AND ETHNICITY: BIDIL AT THE INTERSECTION OF HEALTH DISPARITIES, PHARMACOTHERAPY, AND LAW |
22 Health Lawyer 14 (October, 2009) |
From the larger public sphere to the intimacy of the small clinic, debates on race and ethnicity are as lively as ever. Both clinicians and patients wrestle with meaning in race and ethnicity. Clinicians are surrounded by myriads of race-specific information streaming from multiple disciplines to weigh in imparting meaningful clinical judgments to... |
2009 |
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| Jonathan Kahn |
RACE, GENES, AND JUSTICE: A CALL TO REFORM THE PRESENTATION OF FORENSIC DNA EVIDENCE IN CRIMINAL TRIALS |
74 Brooklyn Law Review 325 (Winter, 2009) |
How and when, if at all, is it appropriate to use race in presenting forensic DNA evidence in a court of law? In October 2002, a California jury convicted William Curtis Wilson of first degree murder with use of a dangerous weapon during commission of an attempted rape and a lewd act upon a child. The court sentenced him to a term of life in... |
2009 |
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| Bethany R. Berger |
RED: RACISM AND THE AMERICAN INDIAN |
56 UCLA Law Review 591 (February, 2009) |
How does racism work in American Indian law and policy? Scholarship on the subject too often has assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of black-white racism, such as uses of blood quantum, as evidence of racism, or has emphasized the... |
2009 |
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| Eric K. Yamamoto , Ashley Kaiao Obrey |
REFRAMING REDRESS: A "SOCIAL HEALING THROUGH JUSTICE" APPROACH TO UNITED STATES-NATIVE HAWAIIAN AND JAPAN-AINU RECONCILIATION INITIATIVES |
16 Asian American Law Journal 5 (2009) |
One billion dollars and an apology: reparations by the United States government for 60,000 surviving Americans of Japanese ancestry imprisoned during World War II without charges, trial, or evidence of necessity. Redress for lost homes, families, and freedom, for serious harm inflicted by a government on its own people on account of their race. The... |
2009 |
Yes |
| Paul M. Sullivan |
A VERY DURABLE MYTH: A CRITICAL COMMENTARY ON JON VAN DYKE'S WHO OWNS THE CROWN LANDS OF HAWAI'I? |
31 University of Hawaii Law Review 341 (Winter 2008) |
The title question of Professor Jon Van Dyke's recent book Who Owns the Crown Lands of Hawai'i does not require a book to answer. The answer is simple and not seriously contested, even in Professor Van Dyke's book. Some of the Crown Lands with which the book is concerned are owned by the United States Government, and the rest are owned by the State... |
2008 |
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| Rose Cuison Villazor |
BLOOD QUANTUM LAND LAWS AND THE RACE VERSUS POLITICAL IDENTITY DILEMMA |
96 California Law Review 801 (June, 2008) |
Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms along a racial versus political paradigm. This dichotomy may be traced to Morton v. Mancari and, more recently, to Rice v. Cayetano. In Mancari, the Supreme Court held that laws that privilege members of American Indian... |
2008 |
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| Donald A. Thompson |
BROWN V. KAMEHAMEHA SCHOOLS: AN INSTRUMENTAL CRITIQUE OF REMEDIAL SELF-SEGREGATION IN PRIVATE EDUCATION |
81 Southern California Law Review 831 (May, 2008) |
The law contemplates not only that all shall be taught, but that all shall be taught together. . . . The school is the little world where the child is trained for the larger world of life. - Charles Sumner The Kamehameha Schools are a series of private, nonprofit, nonsectarian campuses interspersed throughout the Hawaiian Islands. Founded in the... |
2008 |
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| Dr. Julie Ringelheim |
COLLECTING RACIAL OR ETHNIC DATA FOR ANTIDISCRIMINATION POLICIES: A U.S.-EUROPE COMPARISON |
10 Rutgers Race & the Law Review 39 (Special Edition 2008) |
With the 1997 Treaty of Amsterdam, a new Article 13 was inserted in the Treaty of Rome, conferring on the European Community the competence to take action to combat discrimination based not only on sex, but also on racial or ethnic origin, religious belief, disability, age, and sexual orientation. This marked a turning point for the European... |
2008 |
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| Judge David Alan Ezra |
DOE V. KAMEHAMEHA SCHOOLS: A "DISCRETE AND INSULAR MINORITY" IN HAWAI'I SEVENTY YEARS AFTER CAROLENE PRODUCTS? |
30 University of Hawaii Law Review 295 (Summer, 2008) |
In 1938, Justice Harlan Fiske Stone laid the groundwork for much of the Supreme Court's later elaboration on the Equal Protection Clause in the now-famous footnote four of United States v. Carolene Products Co., observing that a more searching equal protection review might be appropriate when legislation appears on its face to be within a specific... |
2008 |
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| Eric Grant |
DOE V. KAMEHAMEHA SCHOOLS: THE UNDISCOVERED OPINION |
30 University of Hawaii Law Review 355 (Summer, 2008) |
Contrary to the expectations of many, Doe v. Kamehameha Schools ended not with a bang but with a whimper. On May 11, 2007, after nearly four years of hard-fought, high-profile litigation, the case settled on what was very likely the day after the United States Supreme Court had acted on plaintiff John Doe's petition for certiorari. By causing that... |
2008 |
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| David M. Forman |
THE HAWAIIAN USAGE EXCEPTION TO THE COMMON LAW: AN INOCULATION AGAINST THE EFFECTS OF WESTERN INFLUENCE |
30 University of Hawaii Law Review 319 (Summer, 2008) |
On behalf of the unanimous United States Supreme Court in Damon v. Territory of Hawaii, the esteemed Justice Oliver Wendell Holmes wrote the following statement about a claim based on Hawaiian custom and usage: A right of this sort is somewhat different from those familiar to the common law, but it seems to be well known to Hawaii, and, if it is... |
2008 |
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| Kenneth L. Marcus |
THE RIGHT FRONTIER FOR CIVIL RIGHTS REFORM |
19 George Mason University Civil Rights Law Journal 77 (Fall 2008) |
Long hailed as the conscience of the nation, the United State Commission on Civil Rights (USCCR or the Commission) marks its 50th anniversary this year amidst one of the most dramatic periods in its noble, if checkered, history as a temporary, long-unauthorized, federal agency. Since conservative appointees gained majority control of the... |
2008 |
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| Cruz Reynoso , William C. Kidder |
TRIBAL MEMBERSHIP AND STATE LAW AFFIRMATIVE ACTION BANS: CAN MEMBERSHIP IN A FEDERALLY RECOGNIZED AMERICAN INDIAN TRIBE BE A PLUS FACTOR IN ADMISSIONS AT PUBLIC UNIVERSITIES IN CALIFORNIA AND WASHINGTON? |
27 Chicana/o-Latina/o Law Review 29 (2008) |
The group at the statistical bottom of all the scales thought to measure lack of opportunity is American Indians. A line of viable Supreme Court authority holds that equal protection of the law does not require strict scrutiny of laws singling out Indians for advantage or disadvantage, when Indians is understood to mean members of federally... |
2008 |
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| Kathryn Nalani Setsuko Hong |
UNDERSTANDING NATIVE HAWAIIAN RIGHTS: MISTAKES AND CONSEQUENCES OF RICE V. CAYETANO |
15 Asian American Law Journal 9 (May, 2008) |
This paper comprehensively reviews the Supreme Court case Rice v. Cayetano and its implications for Native Hawaiian legal rights. The Rice opinion, issued in 2000, continues to affect the Native Hawaiian community today. The issue of Native Hawaiian legal rights remains controversial, as demonstrated by recent suits challenging programs that... |
2008 |
Yes |
| Jenny Rivera |
AN EQUAL PROTECTION STANDARD FOR NATIONAL ORIGIN SUBCLASSIFICATIONS: THE CONTEXT THAT MATTERS |
82 Washington Law Review 897 (November, 2007) |
Abstract: The Supreme Court has stated, [c]ontext matters when reviewing race-based governmental action under the Equal Protection Clause. Judicial review of legislative race-based classifications has been dominated by the context of the United States' history of race-based oppression and consideration of the effects of institutional racism.... |
2007 |
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| John Tehranian |
COMPULSORY WHITENESS: TOWARDS A MIDDLE EASTERN LEGAL SCHOLARSHIP |
82 Indiana Law Journal 1 (Winter, 2007) |
Some time ago, I was on the teaching market and I received an invitation to give a job talk at a law school. I flew to the school, enjoyed a pleasant day of meetings with the faculty, and received strong indications of support for my candidacy. I had been warned about the vagaries of the academic hiring process, so I naturally took this signal with... |
2007 |
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