| Author | Title | Citation | Summary | Year |
| Casandia Bellevue |
GMOS, INTERNATIONAL LAW AND INDIGENOUS PEOPLES |
30 Pace International Law Review 1 (Winter 2017) |
This Article sprung from a desire to discover why--despite scientific uncertainty and the oft-cited precautionary principle in international law-- genetically modified organisms are still allowed to spread via international trade and natural ecological cycles. While exploring this topic, it did not take long to come across the environmental justice... |
2017 |
| Danaya C. Wright , Beth Sterner |
HONORING PROBABLE INTENT IN INTESTACY: AN EMPIRICAL ASSESSMENT OF THE DEFAULT RULES AND THE MODERN FAMILY |
42 ACTEC Law Journal 341 (Winter, 2017) |
This article provides preliminary analysis of an empirical study of nearly 500 wills probated in Alachua and Escambia Counties in the State of Florida in 2013. The particular focus of the study is to determine if there are noticeable patterns of property distribution preferences among decedents based on their diverse family relationships. Earlier... |
2017 |
| Alex Tallchief Skibine |
INDIANS, RACE, AND CRIMINAL JURISDICTION IN INDIAN COUNTRY |
10 Albany Government Law Review 49 (2017) |
Which Sovereign, among the Federal, States, and Indian nations, has criminal jurisdiction in Indian Country depends on whether the alleged perpetrator and/or the victim qualify as an Indian for the purposes of certain federal laws. Criminal jurisdiction in Indian Country is mostly determined by four federal laws, none of which have a specific... |
2017 |
| Justin D. Levinson , Mark W. Bennett , Koichi Hioki |
JUDGING IMPLICIT BIAS: A NATIONAL EMPIRICAL STUDY OF JUDICIAL STEREOTYPES |
69 Florida Law Review 63 (January, 2017) |
American judges, and especially lifetime-appointed federal judges, are often revered as the pinnacle of objectivity, possessing a deep commitment to fairness, and driven to seek justice as they interpret federal laws and the U.S. Constitution. As these judges struggle with some of the great challenges of the modern legal world, empirical scholars... |
2017 |
| Troy J.H. Andrade |
Legacy in Paradise: Analyzing the Obama Administration's Efforts of Reconciliation with Native Hawaiians |
22 Michigan Journal of Race and Law 273 (Spring, 2017) |
This Article analyzes President Barack Obama's legacy for an indigenous people--nearly 125 years in the making--and how that legacy is now in considerable jeopardy with the election of Donald J. Trump. This Article is the first to specifically critique the hallmark of Obama's reconciliatory legacy for Native Hawaiians: an administrative rule that... |
2017 |
| Ashley Bartman Watson |
Mediating Nagpra: Bringing Cultural Consideration Back to the Table |
32 Ohio State Journal on Dispute Resolution 171 (2017) |
I. Introduction II. The Formation and Implementation of NAGPRA A. Pre-NAGPRA Treatment of Native American and Hawaiian Cultural Items B. NAGPRA, the Law C. The Case of the Kennewick Man III. Cross-Cultural Methods of Dispute Resolution A. Native American Methods of Dispute Resolution B. Native Hawaiian Methods of Dispute Resolution IV. Mediation... |
2017 |
| Jonathan K.K. Osorio , Kamanamaikalani Beamer |
SULLYING THE SCHOLAR'S CRAFT: AN ESSAY AND CRITICISM OF JUDGE JAMES S. BURNS' CROWN LANDS TRUST ARTICLE |
39 University of Hawaii Law Review 469 (Summer, 2017) |
History is not a single story, not ever a narrative safe from reinvention. If retired Judge James S. Burns' University of Hawai'i Law Review article teaches a historian anything, it is that our own discourses are ephemeral. Despite our best attempts to tell a true story, ideology, political interests, and sadly bad scholarship from a credible... |
2017 |
| Kathryn Stanaway |
Sustainable Nearshore Marine Fisheries in Hawai'i: Applying Principles from Traditional Practitioners in Hawai'i and Aotearoa New Zealand |
18 Asian-Pacific Law and Policy Journal 123 (Spring, 2017) |
I. Introduction. 124 II. Polynesian Worldviews and a Snap Shot of the Current Legal Framework for Nearshore Marine Fisheries in Hawai'i and Aotearoa New Zealand. 132 A. Polynesian Worldviews from Two Ends of the Pacific Ocean. 132 1. Native Hawaiian Worldview: How Native Hawaiians Manage Fisheries. 133 2. Mori Worldview: How Mori Manage... |
2017 |
| Avis Kuuipoleialoha Poai |
Tales from the Dark Side of the Archives: Making History in Hawai'i Without Hawaiians |
39 University of Hawaii Law Review 537 (Summer, 2017) |
[H]e makemake ko'u e pololei ka moolelo o ko'u one hanau, aole na ka malihini e ao mai ia'u i ka mooolelo o ko'u lahui, na'u e ao aku i ka moolelo i ka malihini. I want the history of my homeland to be correct, it is not the foreigner who will teach me the history of my people, it is I who shall teach the foreigner. --Samuel M. Kamakau I.... |
2017 |
| Sarah Krakoff |
THEY WERE HERE FIRST: AMERICAN INDIAN TRIBES, RACE, AND THE CONSTITUTIONAL MINIMUM |
69 Stanford Law Review 491 (February, 2017) |
In American law, Native nations (denominated in the Constitution and elsewhere as tribes) are sovereigns with a direct relationship with the federal government. Tribes' governmental status situates them differently from other minority groups for many legal purposes, including equal protection analysis. Under current equal protection... |
2017 |
| Lorelei Laird |
To Form a Nation |
103-NOV ABA Journal 54 (November, 2017) |
That sin--the forcible ouster of the Hawaiian monarchy--has some Native Hawaiians waging a legal battle to this day to regain some measure of independence. Under the monarchy, American and European businesspeople had prospered. But they wanted control in this land of paradise. So in 1887, they assembled a militia and forced King David Kalkaua at... |
2017 |
| Paul Babie |
A New Narrative: Native Hawaiian Law |
39 University of Hawaii Law Review 233 (Winter 2016) |
John Ralston Saul's landmark book The Comeback traces the resurgence over the last 100 years of the Aboriginal peoples of Canada. Saul says this: The situation is simple. Aboriginals have and will continue to make a remarkable comeback. They cannot be stopped. Non-Aboriginals have a choice to make. We can continue to stand in the way so that the... |
2016 |
| Iyanrick John , Kathy Ko Chin |
A Review of Policies and Strategies to Improve Access to Health Care for Limited English Proficient Individuals in the Asian American, Native Hawaiian, and Pacific Islander Community |
16 University of Maryland Law Journal of Race, Religion, Gender and Class 259 (Fall, 2016) |
A person's health is influenced by many factors including race, gender, and socioeconomic status. Research indicates that certain groups of people experience health disparities due to a variety of contributing factors. Many studies, including the landmark Institute of Medicine report Unequal Treatment: Confronting Racial and Ethnic Disparities in... |
2016 |
| D. Kapua‘ala Sproat |
An Indigenous People's Right to Environmental Self-determination: Native Hawaiians and the Struggle Against Climate Change Devastation |
35 Stanford Environmental Law Journal 157 (June, 2016) |
I. Introduction. 158 II. Climate Change and Its Impacts on Native Peoples and Resources. 163 A. Climate Change and Environmental Injustice for Indigenous Peoples. 163 B. Knaka Maoli Cultural Survival and the Integrity of Hawaii's Natural and Cultural Resources. 167 C. Climate Change's Projected Impacts on Traditional and Customary Practices. 172... |
2016 |
| |
Chapter 17 • Native American Resources |
2016 ABA Environment, Energy, and Resources Law: The Year in Review 193 (2016) |
This year saw the continuation of several issues relating to the Indian Child Welfare Act and the status of Native Hawaiians. The year also saw the emergence of what will likely be a continuing dispute concerning the construction of a pipeline across potential historic sites in North Dakota. Congress passed only one significant piece of legislation... |
2016 |
| Kathryne M. Young |
Criminal Behavior as an Expression of Identity and a Form of Resistance: the Sociolegal Significance of the Hawaiian Cockfight |
104 California Law Review 1159 (October, 2016) |
This article analyzes the sociolegal significance of a highly localized form of illegal behavior: the Hawaiian cockfight. Drawing on ethnographic data gathered at illegal cockfights in Hawaii, as well as in-depth confidential interviews of cockfighters, this article depicts the activity as it occurs on the ground, from the fighters' perspective.... |
2016 |
| Kelsey Inouye |
Helping Hawaii's Diverse Community of English Language Learners: Does the Hawai'i Department of Education Meet Federal Standards for English Language Learner Programs? |
38 University of Hawaii Law Review 35 (Winter, 2016) |
I. INTRODUCTION. 35 II. SOCIAL AND HISTORICAL CONTEXTS: LANGUAGE AND EDUCATION IN HAWAI'I. 37 III. FEDERAL LAW: REQUIREMENTS FOR ENGLISH LANGUAGE EDUCATION UNDER THE EEOA, LAU, AND CASTANEDA. 42 A. Part I: Soundness of the Educational Theory. 46 B. Part II: Implementation and Resources. 47 C. Part III: Effectiveness. 49 IV. DOES THE CURRENT... |
2016 |
| Gwendolyn M. Leachman |
INSTITUTIONALIZING ESSENTIALISM: MECHANISMS OF INTERSECTIONAL SUBORDINATION WITHIN THE LGBT MOVEMENT |
2016 Wisconsin Law Review 655 (2016) |
Introduction. 655 I. Essentialism, Identity Politics, and LGBT Movement Critique. 658 A. Intersectionality and Strategic Essentialism. 659 B. Strategic Essentialism & Structural Racism. 661 II. An Institutional Perspective on Intersectional Marginalization Within Social Movements. 664 A. Institutional Research in Sociology. 664 B. Institutional... |
2016 |
| Sarah R. Boonin |
TEN YEARS TOO LONG--REFORMING SOCIAL SECURITY'S MARRIAGE DURATION REQUIREMENT IN CASES OF DOMESTIC VIOLENCE |
39 Harvard Journal of Law & Gender 369 (Summer, 2016) |
Social Security's retirement program has evolved over time to become a major source of economic security in older age for workers' family members, including spouses and ex-spouses. To qualify for derivative retirement benefits as an ex-spouse, the applicant must have been married to the wage earner for at least ten years. This Article explores... |
2016 |
| James S. Burns |
THE CROWN LANDS TRUST: WHO WERE, WHO ARE, THE BENEFICIARIES? |
38 University of Hawaii Law Review 213 (Winter, 2016) |
In his 2008 book Who Owns the Crown Lands of Hawai'i?, Professor Jon M. Van Dyke asked: What was the trust status of the Crown Lands before the [1893] overthrow? Assuming Professor Van Dyke intended to use the word Monarchs rather than Monarchy, this paper agrees with Professor Van Dyke's answer that a law enacted in 1865 took away the... |
2016 |
| Rebecca Tsosie |
THE POLITICS OF INCLUSION: INDIGENOUS PEOPLES AND U.S. CITIZENSHIP |
63 UCLA Law Review 1692 (August, 2016) |
This Article explores the dynamics of U.S. citizenship and indigenous self-determination to see whether, and how, the two concepts are in tension and how they can be reconciled. The Article explores the four historical frames of citizenship for indigenous peoples within the United States--treating indigenous peoples as citizens of separate nations,... |
2016 |
| Lezlie Kī'aha |
Thinking Outside the Bars: Using Hawaiian Traditions and Culturally-based Healing to Eliminate Racial Disparities Within Hawai'i's Criminal Justice System |
17 Asian-Pacific Law and Policy Journal J. 1 (2016) |
I. Introduction. 2 II. Background. 5 A. Pre-Contact Hawai'i. 5 1. The Social Stratification of Pre-Contact Hawai'i. 5 2. The Kapu System. 6 3. Pu'uhonua as Places of Refuge. 7 B. The American Criminal Justice System. 8 C. Hawai'i's Prison System Today. 10 1. The Disparity of Native Hawaiians in the Criminal Justice System. 11 2. Incarceration for... |
2016 |
| Nathan Morales |
Traditions That Appertain: Clarifying the Differences Between Appurtenant and T & C Water Rights in Hawai'i |
22 Hastings West-Northwest Journal of Environmental Law & Policy Pol'y 1 (Winter, 2016) |
I. Introduction II. Historical and Legal Context A. Ancient Hawaiian Society and Land Use B. The Great Mahele III. Differences Between Appurtenant and T & C Water Rights A. Basis of Appurtenant and T & C Water Rights 1. Basis of Appurtenant Water Rights 2. Basis of T & C Rights a. Hawai'i Revised Statutes § 7-1 b. Hawai'i Revised Statutes § 1-1 B.... |
2016 |
| Charles W. Romney |
Using Vector Space Models to Understand the Circulation of Habeas Corpus in Hawai'i, 1852-92 |
34 Law and History Review 999 (November, 2016) |
Habeas corpus arrived in the Hawaiian Kingdom in the 1840s and 1850s when it appeared in the kingdom's legislative proceedings, in the 1852 Constitution, and in a published legal decision. However, a description of the transmission and transplantation of a common-law concept to a particular place in the Pacific Ocean does little to explain how... |
2016 |
| Breann Nu'uhiwa |
"LANGUAGE IS NEVER ABOUT LANGUAGE": ELIMINATING LANGUAGE BIAS IN FEDERAL EDUCATION LAW TO FURTHER INDIGENOUS RIGHTS |
37 University of Hawaii Law Review 381 (Spring, 2015) |
Language is power, life and the instrument of culture, the instrument of domination and liberation. -Angela Carter Before infants utter their first words or learn to assign meaning to speech, they develop preferences for those who speak their native languages in native accents. As children move into the preschool environment, language differences... |
2015 |
| Aleatra P. Williams |
BENEATH THE STAINS OF TIME: THE BANALITY OF RACE, THE HOUSING AND FORECLOSURE CRISIS, AND THE FINANCIAL GENOCIDE OF MINORITIES |
24 Boston University Public Interest Law Journal 247 (Summer 2015) |
I. Introduction. 247 II. The Conceptualization of Race & Socially Accepted Racial Hierarchies. 251 III. Homeownership in the U.S.. 257 IV. Lending discrimination during the housing and foreclosure crisis. 262 A. Lending Discrimination Laws and Enforcement Agencies. 264 B. Left Behind: Minorities During the Housing and Foreclosure Crisis. 271 V. The... |
2015 |
| Williamson Chang |
Darkness over Hawaii: the Annexation Myth Is the Greatest Obstacle to Progress |
16 Asian-Pacific Law and Policy Journal 70 (2015) |
I. Introduction: The Myth that Hawai'i was annexed by the United States. 71 II. The Great Debate to Save the Older America--The Attempt to Block Annexation. 75 A. Justice Scalia on the Annexation of the Hawaiian Islands. 76 B. Senators who Opposed Annexation: The Great Debate of 1898. 78 C. The 1988 Legal Opinion of the Department of Justice:... |
2015 |
| Jordan Kealaikalani Inafuku |
E Kūkulu Ke Ea: Hawai'i's Duty to Fund Kaho'olawe's Restoration Following the Navy's Incomplete Cleanup |
16 Asian-Pacific Law and Policy Journal 22 (2015) |
I. Introduction. 23 II. Kaho'olawe: The Target Isle. 26 A. Kaho'olawe is a Cultural Focal Point for Native Hawaiians. 27 B. The Navy Used Kaho'olawe for Bomb Training. 32 C. Native Hawaiians Ended U.S. Bombing on Kaho'olawe and Negotiated Its Cleanup. 34 III. The State of Hawai'i Has a Fiduciary Duty to Restore Kaho'olawe. 40 A. The State May Be in... |
2015 |
| Justin D. Levinson , Koichi Hioki , Syugo Hotta |
IMPLICIT BIAS IN HAWAI'I: AN EMPIRICAL STUDY |
37 University of Hawaii Law Review 429 (Spring, 2015) |
More than twenty years after pervasive implicit racial bias began to be documented by social scientists, a tremendous body of scholarship teaches citizens and scholars alike about the power and breadth of implicit racial bias in America and beyond. Hundreds of empirical studies have found, using wide-ranging methodologies, that people possess a... |
2015 |
| Rebecca Tsosie |
INDIGENOUS PEOPLES AND THE ETHICS OF REMEDIATION: REDRESSING THE LEGACY OF RADIOACTIVE CONTAMINATION FOR NATIVE PEOPLES AND NATIVE LANDS |
13 Santa Clara Journal of International Law 203 (2015) |
Most readers probably paid little attention to the small entry in a local New Mexico newspaper on December 28, 2013: Uranium project on Navajo Nation gets green light. According to the article, Navajo lawmakers voted to grant a mining company permission to operate a demonstration uranium recovery project on lands within the Church Rock chapter... |
2015 |
| |
NATIVE HAWAIIAN LEGAL CORPORATION |
19-JAN Hawaii Bar Journal 24 (January, 2015) |
HBJ: What is your educational background and how did you come to be here at the Native Hawaiian Legal Corporation? Moses Haia: I received a Bachelor of Arts degree in political science from the University of Hawai'i at Manoa in 1989 and a law degree from the William S. Richardson School of Law in 1994. I joined the Native Hawaiian Legal... |
2015 |
| Rachel D. Godsil , James S. Freeman |
Race, Ethnicity, and Place Identity: Implicit Bias and Competing Belief Systems |
37 University of Hawaii Law Review 313 (Spring, 2015) |
The concept of wahi pana merges the importance of place with that of the spiritual .. [T]his value links [Hawaiians to our past and our] future. Edward L. H. Kanahele You are where you came from. There are no disembodied selves. There are only humans embedded in practices, places, and cultures. Adrian McKinty We are constituted in significant part... |
2015 |
| S. James Anaya |
REPORT OF THE SPECIAL RAPPORTEUR ON THE RIGHTS OF INDIGENOUS PEOPLES ON THE SITUATION OF INDIGENOUS PEOPLES IN THE UNITED STATES OF AMERICA |
32 Arizona Journal of International and Comparative Law 51 (Symposium, 2015) |
C1-2Table of Contents Summary. 52 I. The indigenous peoples of the United States. 53 A. The diverse indigenous nations, tribes and communities. 53 B. The contributions of indigenous peoples to the broader society, despite negative stereotypes. 54 II. United States law and policy regarding indigenous peoples. 55 A. The basic framework. 55 B. The... |
2015 |
| Hon. Michael D. Wilson |
The Hawaii Environmental Court: a New Judicial Tool to Enforce Hawaii's Environmental Laws |
19-AUG Hawaii Bar Journal B.J. 4 (August, 2015) |
At 10:49 a.m. EDT, July 20, 1996 the Space Shuttle Columbia lifted off launch pad 39-B at the Kennedy Space Center for what would become the longest and most complex shuttle mission up to that time. Aboard Columbia was astronaut Charles E. Brady, Jr., a brilliant physician who was also a former Blue Angels fighter pilot. As Chuck Brady looked at... |
2015 |
| Leti Volpp |
THE INDIGENOUS AS ALIEN |
5 UC Irvine Law Review 289 (June, 2015) |
I. Space, Time, Membership. 293 II. Indians As Aliens and Citizens. 300 III. The Political Theory of Forgetting--The Settler's Alibi. 316 |
2015 |
| Abigail L. Perdue |
THE SOLIDARITY PARADOX |
23 Duke Journal of Gender Law & Policy 45 (Fall 2015) |
I am an invisible man . . . because of a peculiar disposition of the eyes of those with whom I come in contact. A matter of the construction of their inner eyes, those eyes with which they look through their physical eyes upon reality. . . . [Y]ou often doubt if you really exist. I live under the power of the fathers, and I have access only to... |
2015 |
| Andrea Freeman |
TRANSPARENCY FOR FOOD CONSUMERS: NUTRITION LABELING AND FOOD OPPRESSION |
41 American Journal of Law & Medicine 315 (2015) |
Transparency for consumers through nutrition labeling should be the last, not the first, step in a transformative food policy that would reduce dramatic health disparities and raise the United States to the health standards of other nations with similar resources. Nonetheless, transparency in the food system is a key focal point of efforts to... |
2015 |
| Alex T. Skibine |
USING THE NEW EQUAL PROTECTION TO CHALLENGE FEDERAL CONTROL OVER TRIBAL LANDS |
36 Public Land & Resources Law Review 3 (2015) |
Introduction. 4 I. Distinguishing Between Racial and Political Classifications. 10 A. The Case Law at the Supreme Court. 10 1. The Pre- Mancari Cases. 10 2. Mancari and its Progeny. 12 B. The Case Law in the Lower Courts. 21 C. The Indian Commerce Clause Power as the Determinant Factor on Whether the Classification is Racial or Political. 32 II.... |
2015 |
| Brinkley Beecher Cook-Campbell |
"SCHOOLHOUSE BLOCK": WHY THE ARKANSAS PUBLIC SCHOOL CHOICE ACT SHOULD BE IMPROVED BUT NOT ELIMINATED |
67 Arkansas Law Review 927 (2014) |
Imagine that you are a high school student living with your parents in Arkansas. You currently attend school in the district in which you reside, but you would like to transfer to another district because it offers the Advanced Placement courses that appeal to college admissions officers. However, you are told you cannot transfer because granting... |
2014 |
| Gerald Torres |
AMERICAN BLOOD: WHO IS COUNTING AND FOR WHAT? |
58 Saint Louis University Law Journal 1017 (Summer 2014) |
I want to thank Saint Louis University School of Law, Professor Joel Goldstein, and my good friend Sandy Levinson for inviting me to participate in this gathering on the occasion of the 2013 Childress Lecture. As is typical, Sandy's essay Who Counts? Sez Who? is rich with both insight and provocation. Beginning as it does with a consideration of... |
2014 |
| Kathryne M. Young |
Everyone Knows the Game: Legal Consciousness in the Hawaiian Cockfight |
48 Law and Society Review 499 (September, 2014) |
Past legal consciousness research has revealed a great deal about what individuals think and do with regard to law, but less attention has been paid to the social processes that underpin these attitudes, beliefs, and actions. This article focuses particularly on a second-order layer of legal consciousness: people's perceptions about how others... |
2014 |
| Kylie Wha Kyung Wager |
In Common Law We Trust: How Hawai'i's Public Trust Doctrine Can Support Atmospheric Trust Litigation to Address Climate Change |
20 Hastings West-Northwest Journal of Environmental Law, Policy 55 (Winter 2014) |
I. Introduction II. Background: Climate Change Science, Policy and Litigation A. Climate Change Science and Impacts 1. Global Climate Change 2. Climate Change in the United States 3. Climate Change in Hawaii B. Climate Change Law and Policy 1. U.N. Climate Change Policy 2. Lack of a U.S. National Policy 3. Hawaii Climate Change Law and Clean... |
2014 |
| Roy L. Brooks |
POSTCONFLICT JUSTICE IN THE AFTERMATH OF MODERN SLAVERY |
46 George Washington International Law Review 243 (2014) |
© Jenna Winship, 2011 (Used with Permission) A little girl is sold into debt bondage and sexual exploitation in Thailand to pay off the debts of her poverty-stricken parents. Her enslavement is sanctioned by her society's long-standing cultural values and religious convictions and is part of the hugely profitable sexual tourism industry in... |
2014 |
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Procedure, Legislative Hawaii |
66 Planning & Environmental Law 93 (April, 2014) |
In 2010 the state senate rejected Kanuha's nomination for a second term as a commissioner on the state Land Use Commission (LUC), with a finding that Kanuha lacked the requisite knowledge and experience to qualify as the designated member with expertise on Hawaiian land usage as required by HRS § 205-1. Months later, Kanuha participated in the... |
2014 |
| Fred L. Borch, Regimental Historian & Archivist |
The Trial by Military Commission of Queen Liliuokalani |
2014-AUG Army Lawyer Law. 1 (August, 2014) |
On 8 February 1896, Queen Liliuokalani, the last monarch of Hawaii, was escorted into the Throne Room of what had once been her Royal Palace in Honolulu. Two Hawaiian policemen stood behind her as she took a seat on a high-backed chair. Seated in front of the queen, at a long table in the middle of the room, were the eight members of a military... |
2014 |
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Transportation Hawaii |
66 Planning & Environmental Law 142 (June, 2014) |
Honolulu is reportedly the second-most congested area in the nation. Earlier plans for rail and bus systems never came to fruition. A 2004 survey showed broad public support for a rail system; in 2005 the legislature provided a funding mechanism for such a system. After publishing notice of intent to prepare an Environmental Impact Statement (EIS)... |
2014 |
| Eric K. Yamamoto , Miyoko Pettit , Sara Lee |
UNFINISHED BUSINESS: A JOINT SOUTH KOREA AND UNITED STATES JEJU 4.3 TRAGEDY TASK FORCE TO FURTHER IMPLEMENT RECOMMENDATIONS AND FOSTER COMPREHENSIVE AND ENDURING SOCIAL HEALING THROUGH JUSTICE |
15 Asian-Pacific Law and Policy Journal 1 (2014) |
I. Introduction 3 II. Social Healing Through Justice: A Framework for Shaping, Implementing and Assessing Social Healing (or Reconciliation) Initiatives 7 III. Jeju 4.3 Historical Backdrop 24 IV. Mutual Engagement: United States, South Korea and Jeju Residents 32 A. South Korea's Partial Steps Toward Reconciliation 33 B. United States' Need to... |
2014 |
| Adam R. Chang |
A Non-native Approach to Decolonizing Settler Colonialism Within Hawaii's Lgbt Community |
14 Asian-Pacific Law and Policy Journal 132 (2013) |
Introduction. 132 I. Civil Unions: The Marketing of Marriage Equality and Potential Harm to Native Hawaiian Culture. 133 II. Don't Ask, Don't Tell: How the LGBT Movement Can Address the U.S. Military Presence in Hawai'i. 139 III. Aikne and Mh: Distinct Sexual Identities in Hawai'i. 142 Conclusion. 144 |
2013 |
| Randall W. Roth |
Deconstructing the Descendants: How George Clooney Ennobled Old Hawaiian Trusts and Made the Rule Against Perpetuities Sexy |
48 Real Property, Trust and Estate Law Journal 291 (Fall, 2013) |
Editors' Synopsis: The Descendants, an award winning film, depicts real controversies involving old Hawaiian Trusts while highlighting the modern debate of whether Hawai'i is overdeveloped. This Article, using the film as its basis, gives further insight into the real stories echoed in the film in light of the legal issues that influenced the... |
2013 |
| Teri Māhealani Wright |
Demolition of Native Rights and Self Determination: Act 55's Devastating Impact Through the Development of Hawaii's Public Lands |
35 University of Hawaii Law Review 297 (Winter, 2013) |
I. Introduction. 298 II. Background and Context. 302 A. The Cultural and Historical Significance of Land to Native Hawaiians. 302 1. Native Hawaiian relationship to land. 302 2. Ahupua'a land tenure system. 303 B. The Historical and Legal Background of Land Management in Hawai'i. 304 1. The first occurrence of privatization in Hawai'i: the Mahele... |
2013 |