AuthorTitleCitationSummaryYearKey Term in Title or Summary
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  
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  
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 Yes
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 Yes
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 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 Yes
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  
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  
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  
Kevin Brown LSAC DATA REVEALS THAT BLACK/WHITE MULTIRACIALS OUTSCORE ALL BLACKS ON LSAT BY WIDE MARGINS 39 New York University Review of Law and Social Change 381 (2015) The Supreme Court has now issued its opinions in both Fisher v. University of Texas and Schuette v. Coalition to Defend Affirmative Action, and thereby reaffirmed its decision in Grutter v. Bollinger that upheld the legal validity of narrowly tailored affirmative action programs in higher education. There still remains, however, an important issue... 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  
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  
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  
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 Yes
Donna S. Salcedo HAWAIIAN LAND DISPUTES: HOW THE UNCERTAINTY OF THE NATIVE HAWAIIAN INDIGENOUS TRIBAL STATUS EXACERBATES THE NEED FOR MEDIATION 14 Cardozo Journal of Conflict Resolution 557 (Winter 2013) Many people see the Hawaiian Islands as a paradise in the Pacific Ocean. However, most are unaware that history has left an unpleasant and permanent scar on the original inhabitants of the islands, the Native Hawaiians. It is often forgotten that the islands were once ruled by its monarchy. In fact, the Hawaiian Kingdom was not overthrown until... 2013 Yes
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
Alex M. Johnson, Jr. INCLUDING DIVERSITY IN U.S. NEWS' RANKINGS: ONE SMALL STEP IN THE RIGHT DIRECTION 27 Journal of Civil Rights & Economic Development 167 (Fall, 2013) Robert Morse, director of data research at U.S. News & World Report, is the principal architect of that magazine's annual ranking project: America's Best Graduate Schools which ranks American Bar Association (ABA) accredited law schools (the rankings). U.S. News & World Report (U.S. News) has been publishing the rankings since 1990 and Mr. Morse... 2013  
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
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
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  
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
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
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
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  
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  
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  
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  
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  
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  
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
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  
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  
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  
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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