AuthorTitlePublication NameSummaryYearKey Term in Title or Summary
Helen Y. Kim DO I REALLY UNDERSTAND? CULTURAL CONCERNS IN DETERMINING DIMINISHED COMPETENCY 15 Elder Law Journal 265 (2007) Cultural beliefs, values, and differences play an important role in the context of client competency determinations. In this note, Helen Y. Kim explores the potential effects of culture on the attorney-client relationship. Specifically, she focuses on the salient role that cultural factors play in the client competency determinations attorneys are... 2007  
Christopher W. Schmidt DOE v. KAMEHAMEHA: SECTION 1981 AND THE FUTURE OF RACIAL PREFERENCES IN PRIVATE SCHOOLS 42 Harvard Civil Rights-Civil Liberties Law Review 557 (Summer, 2007) On December 5, 2006, one day after the United States Supreme Court heard oral arguments on the constitutionality of race-based pupil assignment in public schools, the Ninth Circuit handed down its decision in Doe v. Kamehameha, a case that raised analogous issues in the context of private education. The Ninth Circuit rejected a challenge brought... 2007  
Justin D. Levinson FORGOTTEN RACIAL EQUALITY: IMPLICIT BIAS, DECISIONMAKING, AND MISREMEMBERING 57 Duke Law Journal 345 (November, 2007) In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way judges and jurors encode, store, and recall relevant case facts. I then explain how this... 2007  
Sharon Hsin-Yi Lee JUSTIFYING AFFIRMATIVE ACTION IN K-12 PRIVATE SCHOOLS 23 Harvard BlackLetter Law Journal 107 (Spring, 2007) This Comment examines the consequences of using identical rules to govern affirmative action in both private employers and private schools. It explores accepted legal justifications for private affirmative action, focusing on whether they are internal or external to the defendant. In light of developments in Equal Protection Clause jurisprudence,... 2007  
Jonathan Kahn RACE-ING PATENTS/PATENTING RACE: AN EMERGING POLITICAL GEOGRAPHY OF INTELLECTUAL PROPERTY IN BIOTECHNOLOGY 92 Iowa Law Review 353 (February, 2007) I. Introduction. 355 II. Race, Genes, and Drug Development. 360 III. Producing and Organizing Social Data on Race and Ethnicity: OMB Directive 15. 366 IV. Producing and Organizing Genetic Information: Federally Sponsored Genetic Databases. 368 V. BiDil: Portent of Things to Come. 379 VI. The Rise of Racial Patents. 383 A. Patent Law Basics. 383 B.... 2007  
Susan K. Serrano , Eric K. Yamamoto , Melody Kapilialoha MacKenzie , David M. Forman RESTORATIVE JUSTICE FOR HAWAI'I'S FIRST PEOPLE: SELECTED AMICUS CURIAE BRIEFS IN DOE V. KAMEHAMEHA SCHOOLS 14 Asian American Law Journal 205 (May, 2007) In 2003, an anonymous plaintiff (John Doe) filed suit in federal court against Kamehameha Schools, claiming that its 117-year-old admissions policy favoring indigenous Hawaiian children discriminates against non-Hawaiians in violation of federal civil rights law. John Doe's attorneys called the policy categorical racial exclusion and... 2007  
Susan K. Serrano , Eric K. Yamamoto , Melody Kapilialoha MacKenzie , David M. Forman RESTORATIVE JUSTICE FOR HAWAI'I'S FIRST PEOPLE: SELECTED AMICUS CURIAE BRIEFS IN DOE V. KAMEHAMEHA SCHOOLS 14 Asian American Law Journal 222 (May, 2007) *** Amici, Native Hawaiian organizations dedicated to ensuring the continued existence of Hawaiian rights and programs, respectfully submit this brief in support of Kamehameha Schools' Petition for Rehearing En Banc. Native Hawaiian Legal Corporation is a public interest, non-profit law firm that asserts and defends Native Hawaiian rights to lands... 2007 Yes
Susan K. Serrano , Eric K. Yamamoto , Melody Kapilialoha MacKenzie , David M. Forman RESTORATIVE JUSTICE FOR HAWAI'I'S FIRST PEOPLE: SELECTED AMICUS CURIAE BRIEFS IN DOE V. KAMEHAMEHA SCHOOLS 14 Asian American Law Journal 228 (May, 2007) *** The Hawaii Civil Rights Commission (HCRC) is responsible for enforcing state laws prohibiting discrimination in employment, housing, public accommodations, and state-funded services. Hawaii Revised Statutes (HRS) Chapter 368, part I. HCRC exercises jurisdiction over complaints against public and private educational institutions as... 2007  
Lindsey Singeo THE PATENTABILITY OF THE NATIVE HAWAIIAN GENOME 33 American Journal of Law & Medicine 119 (2007) In 2003, the University of Hawaii proposed patenting the Native Hawaiian genome with the purpose of generating both economic- and health-related benefits for the Native Hawaiian people. This proposal, however, was strongly opposed by the Native Hawaiian community, which viewed it as an unwelcome imposition of Western property concepts upon their... 2007 Yes
Lindsay Goodner THE POTENTIAL PASSAGE OF PROPOSED SENATE BILL 147 AND ITS IMPLICATION ON NATIVE HAWAIIANS AND GAMING 31 American Indian Law Review 111 (2006-2007) Native Hawaiians comprise one of the few indigenous groups in the United States who are not deemed to be a sovereign, self-governing entity. Currently, Congress strangely does not uniformly recognize Hawaiians as Native Americans who have a right to self-determination. As a result, many Hawaiians today advocate sovereignty from the United... 2007 Yes
Joaquin G. Avila , Eugene Lee , Terry M. Ao VOTING RIGHTS IN CALIFORNIA: 1982-2006 17 Southern California Review of Law & Social Justice 131 (Fall 2007) The purpose of this report is to assess whether discrimination against minority voters and minority voting strength exists in California. In assessing whether such discrimination exists, this report will chronicle the efforts of minority communities in California to secure access to the political process utilizing the Voting Rights Act of 1965... 2007  
  ABA RESOLUTION AND REPORT ON THE AKAKA BILL 10-JUL Hawaii Bar Journal 80 (July, 2006) RESOLVED, That the American Bar Association urges Congress to pass legislation to establish a process to provide federal recognition for a native Hawaiian governing entity. FURTHER RESOLVED, That a native Hawaiian governing entity is defined as an authority similar to that which American Indian and Alaska Native governments possess. The ABA has... 2006 Yes
Jon M. Van Dyke , Melody K. MacKenzie AN INTRODUCTION TO THE RIGHTS OF THE NATIVE HAWAIIAN PEOPLE 10-JUL Hawaii Bar Journal 63 (July, 2006) Almost 240,000 people now living in Hawaii are descendants of the Polynesian people who had a complex thriving culture in the Hawaiian Islands until Westerners started arriving at the end of the eighteenth century. Native Hawaiians had a stable political order, a self-sustaining economy based on agriculture and fishing, and a rich spiritual and... 2006 Yes
Melody Kapilialoha MacKenzie EVER LOYAL TO THE LAND 33-SPG Human Rights 15 (Spring, 2006) Kaulana npua a'o Hawai'i Kpa'a mahope o ka 'ina Famous are the children of Hawai'i Ever loyal to the land These lyrics are from a song by Ellen Keho'ohiwaokalani Wright Prendergast, written shortly after the overthrow of the Hawaiian Kingdom in 1893. They express the sorrow of the Native Hawaiian people and their determination to oppose... 2006 Yes
David Barnard LAW, NARRATIVE, AND THE CONTINUING COLONIALIST OPPRESSION OF NATIVE HAWAIIANS 16 Temple Political & Civil Rights Law Review 1 (Fall 2006) The article does three things. First, and for the first time, it brings to bear the perspectives of critical race theory, postcolonial theory, and narrative theory on the U.S. Supreme Court's 2000 decision in Rice v. Cayetano, which dealt a severe blow to Native Hawaiians' struggles for redress and reparations for a century of dispossession and... 2006 Yes
Justin L. Pybas NATIVE HAWAIIANS: THE ISSUE OF FEDERAL RECOGNITION 30 American Indian Law Review 185 (2005-2006) The Native Hawaiian people inhabited the Hawaiian Islands for hundreds of years before any Westerner even set foot on the islands. They had a thriving, isolated culture which was self-sufficient and relied on a sophisticated language and religion. By the end of the eighteenth century and throughout the nineteenth century, while the Westerners... 2006 Yes
Ralph D. Mawdsley, J.D., Ph.D. SECTION 1981 AND PRIVATE SCHOOLS: THE NINTH CIRCUIT REVISITS RACE–CONSCIOUS ADMISSIONS POLICIES 210 West's Education Law Reporter 23 (8/10/2006) In 1976, the United States Supreme Court, in Runyon v. McCrary (Runyon), held that private schools were subject to section 1981 of the Civil Rights Act of 1870. The Act provides that, All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties,... 2006  
Paul M. Sullivan SEEKING BETTER BALANCE: A PROPOSAL FOR RECONSIDERATION OF THE 2006 ABA RESOLUTION ON THE AKAKA BILL 10-JUL Hawaii Bar Journal 70 (July, 2006) The House of Delegates of the American Bar Association, at the urging of its Section of Individual Rights and Responsibilities (the Section), adopted a resolution urging Congress to pass legislation to provide federal recognition for a Native Hawaiian governing entity. The legislation to which the resolution refers is commonly known as the Akaka... 2006 Yes
James Podgers TROUBLED PARADISE 92-AUG ABA Journal 65 (August, 2006) Hardly a shot was fired in the 1893 overthrow of Queen Lili'uokalani that triggered Hawaii's transition from a sovereign nation to a U.S. territory and eventually the 50th state. But since then, various coalitions in Hawaii's melting-pot population have skirmished over the question of whether Native Hawaiians should be granted some measure of... 2006 Yes
Sharona Hoffman "RACIALLY-TAILORED" MEDICINE UNRAVELED 55 American University Law Review 395 (December, 2005) Introduction. 396 I. Race-Based Research and Therapeutic Practices. 400 A. The Story of BiDil. 400 B. Race-Based Research. 403 C. A Growing Interest in Race-Based Medicine: Why Now?. 406 II. Does Race Mean Anything?. 410 A. Race in the Medical and Social Sciences. 410 B. Race and the Law. 416 C. Shifting the Focus Away from Race . 418... 2005  
William Bradford BEYOND REPARATIONS: AN AMERICAN INDIAN THEORY OF JUSTICE 66 Ohio State Law Journal 1 (2005) It is perhaps impossible to overstate the magnitude of the human injustice perpetrated against American Indian people: indeed, the severity and duration of the harms endured by the original inhabitants of the U.S. may well rival those suffered by any other group past or present, domestic or international. While financial reparations for certain... 2005  
  CIVIL RIGHTS -- SECTION 1981 -- NINTH CIRCUIT HOLDS THAT PRIVATE SCHOOL'S REMEDIAL ADMISSIONS POLICY VIOLATES § 1981. -- DOE V. KAMEHAMEHA SCHOOLS, 416 F.3D 1025 (9TH CIR. 2005). 119 Harvard Law Review 661 (December, 2005) For a century, 42 U.S.C. § 1981 lay dormant, a forgotten remnant of the Civil Rights Act of 1866 that guaranteed to [a]ll persons the same right in every State and Territory to make and enforce contracts . . . as is enjoyed by white citizens. Then, in the 1970s, the Supreme Court resurrected § 1981, holding that it reached purely private... 2005  
Rebecca Tsosie ENGAGING THE SPIRIT OF RACIAL HEALING WITHIN CRITICAL RACE THEORY: AN EXERCISE IN TRANSFORMATIVE THOUGHT 11 Michigan Journal of Race and Law 21 (Fall 2005) INTRODUCTION. 21 I. Understanding CRT as a Vehicle for Transformative Thought. 22 II. The Relationship of Justice to the Law. 27 III. The Native Hawaiian Case. 29 A. Historical Background. 30 B. Contemporary Politics. 33 IV. Racial Healing and the Role of Transformational Thought. 39 CONCLUSION. 47 2005 Yes
Jon M. Van Dyke POPULATION, VOTING, AND CITIZENSHIP IN THE KINGDOM OF HAWAI'I 28 University of Hawaii Law Review 81 (Winter, 2005) This article was written as a chapter in Who Owns the Crown Lands of Hawai'i?, which is being published by the University of Hawai'i Press. This article addresses a set of issues that have become important (and controversial) in the debates regarding the claims of the Native Hawaiian People related to the illegal overthrow of the Kingdom of Hawai'i... 2005 Yes
Robert L. Tsai SACRED VISIONS OF LAW 90 Iowa Law Review 1095 (March, 2005) ABSTRACT: Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Sanford Levinson called upon Americans to renew our constitutional faith. This Article answers the call by explicating the ways in which two landmark constitutional law decisions --Marbury v. Madison and Brown v. Board of Education--have been used by... 2005  
William Bradford "ANOTHER SUCH VICTORY AND WE ARE UNDONE": A CALL TO AN AMERICAN INDIAN DECLARATION OF INDEPENDENCE 40 Tulsa Law Review 71 (Fall 2004) In 279 B.C., Pyrrhus, King of Epirus, a city-state in Greece, was summoned by the people of Tarentum, a Greek colony in southern Italy, to aid them against the tyranny of Rome. At the Battle of Asculum, Pyrrhus defeated the Roman legions after two days of bloody combat in which he lost a great many of his most competent officers and many of his... 2004  
Bethany R. Berger "POWER OVER THIS UNFORTUNATE RACE": RACE, POLITICS AND INDIAN LAW IN UNITED STATES v. ROGERS 45 William and Mary Law Review 1957 (April, 2004) C1-5Table of Contents L1-4,T4Introduction 1960 I. L2-4,T4The Rogers Decision 1965 II. L2-4,T4Unmasking the Law 1970 A. L3-4,T4Indian Law Before Rogers in Congress and the Court 1970. B. L3-4,T4Back to the Facts 1981. 1. Developing the Test Case. 1982 2. Fabricating a Jurisdictional Gap. 1992 3. Prosecuting the Dead Defendant. 1998 III. L2-4,T4The... 2004  
Sharona Hoffman IS THERE A PLACE FOR "RACE" AS A LEGAL CONCEPT? 36 Arizona State Law Journal 1093 (Winter 2004) ABSTRACT: What does race mean? The word race is omnipresent in American social, political, and legal discourse. The concept of race is central to contemporary debate about affirmative action, racial profiling, hate crimes, health inequities, and many other issues. Nevertheless, the best research in genetics, medicine, and the social sciences... 2004  
Summer Kupau JUDICIAL ENFORCEMENT OF "OFFICIAL" INDIGENOUS LANGUAGES: A COMPARATIVE ANALYSIS OF THE MORI AND HAWAIIAN STRUGGLES FOR CULTURAL LANGUAGE RIGHTS 26 University of Hawaii Law Review 495 (Summer, 2004) I ka 'olelo no ke ola; I ka 'olelo no ka make. In the language rests life; In the language rests death. Ka ngaro te reo, ka ngaro taua, pera i te ngaro o te Moa. (If the language be lost, man will be lost, as dead as the moa.) In his 1993 federal employment discrimination lawsuit, Native Hawaiian attorney William E.H. Tagupa, although fluent in the... 2004 Yes
Stephanie A. Gonzalez Ferrandez REPRESENTING DIVERSE CLIENTS 27-FALL Family Advocate 14 (Fall, 2004) Ms. Smith, there are two people here to see you. There is a Mr. Kadir who says that his neighbor, Mrs. Nuggusie, is from Ethiopia and she wants a divorce from her husband. Mr. Kadir says that they got your name from his boss. Cindy, the paralegal Whitehall, Ohio Mr. Jones, Professor Swamidoss is calling to make an appointment to discuss a custody... 2004  
Jennifer L. Arnett THE QUEST FOR HAWAIIAN SOVEREIGNTY: AN ARGUMENT FOR THE REJECTION OF FEDERAL ACKNOWLEDGEMENT 14-FALL Kansas Journal of Law & Public Policy 169 (Fall, 2004) Originally called the Sandwich Islands, the Hawaiian Islands have a long history of civilization and government. The Hawaiian people have been part of a robust political community for almost two centuries. The first Europeans arrived on the islands in 1776 and discovered that the Native Hawaiian people, whose population was estimated at more than... 2004 Yes
William Bradford "WITH A VERY GREAT BLAME ON OUR HEARTS": REPARATIONS, RECONCILIATION, AND AN AMERICAN INDIAN PLEA FOR PEACE WITH JUSTICE 27 American Indian Law Review 1 (2002-2003) In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the... 2003  
Crystal K. Glendon A POLITICAL SOLUTION FOR A LEGACY UNDER ATTACK: THE AKAKA BILL'S POTENTIAL EFFECT ON THE KAMEHAMEHA SCHOOLS 26 University of Hawaii Law Review 69 (Winter 2003) Round one went to the Kamehameha Schools (Kamehameha) in its epic battle to preserve its Hawaiians-only admission policy. On November 17, 2003, United States Senior District Judge Alan Kay granted Kamehameha's motion for summary judgment against an anonymous minor who challenged the validity of Kamehameha's century-old admissions policy.... 2003  
Eric K. Yamamoto , Susan K. Serrano , Michelle Natividad Rodriguez AMERICAN RACIAL JUSTICE ON TRIAL--AGAIN: AFRICAN AMERICAN REPARATIONS, HUMAN RIGHTS, AND THE WAR ON TERROR 101 Michigan Law Review 1269 (March, 2003) Few questions challenge us to consider 380 years of history all at once, to tunnel inside our souls to discover what we truly believe about race and equality and the value of human suffering. --Kevin Merida (on African American reparations) Secretary of State Colin L. Powell said today that terrorists can only be attacked from the highest moral... 2003  
Leslye E. Orloff, Mary Ann Dutton, Giselle Aguilar Hass, Nawal Ammar BATTERED IMMIGRANT WOMEN'S WILLINGNESS TO CALL FOR HELP AND POLICE RESPONSE 13 UCLA Women's Law Journal 43 (Fall/Winter 2003) This Article examines the barriers that battered immigrant women face when contacting the police for assistance in stopping or escaping intimate partner violence. It analyzes partial results from a large-scale research project undertaken by Ayuda, Inc. from 1992 to 1995 meant to assess the needs of immigrant Latinas in the Washington D.C.... 2003  
Naomi Mezey ERASURE AND RECOGNITION: THE CENSUS, RACE AND THE NATIONAL IMAGINATION 97 Northwestern University Law Review 1701 (Summer 2003) The census is one of our relatively few national, secular ceremonies. It provides a sense of social cohesion, and a kind of non-religious communion: we enter the census apparatus as individual identities with a handful of characteristics; then later we receive from the census a group snapshot of ourselves at the ceremony date. -- William Kruskal... 2003  
Alex Tallchief Skibine INTEGRATING THE INDIAN TRUST DOCTRINE INTO THE CONSTITUTION 39 Tulsa Law Review 247 (Winter 2003) The Indian trust doctrine has had a long love-hate relationship with Indian tribes. On one hand, it has been used to sue the executive agencies of the federal government for breach of trust. On the other, it has been used to expand the plenary power of Congress over Indian affairs. While some scholars have argued that the trust doctrine should be... 2003  
  INTERNATIONAL LAW AS AN INTERPRETIVE FORCE IN FEDERAL INDIAN LAW 116 Harvard Law Review 1751 (April, 2003) Although the political branches have recently adopted policies that favor Indian tribal self-determination, the judicial doctrines defining the extent of inherent tribal sovereignty and the federal government's power over tribes remain severe obstacles for tribes seeking to govern themselves and maintain their cultural integrity. These doctrines... 2003  
Kara M.L. Young KAMEHAMEHA'S HAWAIIANS-ONLY ADMISSIONS POLICY UNDER 42 U.S.C. § 1981: A PERMISSIBLE PURSUIT OF PRACTICAL FREEDOM 26 University of Hawaii Law Review 309 (Winter 2003) Classification on the basis of race has been a suspect practice in this country for nearly half a century. Nevertheless, the Kamehameha Schools (Kamehameha), the multi-billion dollar trust created by the will of Bernice Pauahi Bishop (Princess Pauahi), prefers Hawaiians in its admissions policy. Admission to Kamehameha is highly coveted, so in... 2003  
William S. Richardson, School of Law University of Hawai‘i at Manoa, Honolulu Hawai‘i NATIVE PROSPECTS: SYMPOSIUM ON CHALLENGES FACING THE HAWAIIAN COMMUNITY TODAY 4 Asian-Pacific Law and Policy Journal 598 (6/1/2003) This symposium, a collaboration between the Asian-Pacific Law & Policy Journal (APLPJ) and Aha Hui O Hawaii (the Native Hawaiian Law Student Association), marks the second such event in as many years. While last year's symposium examined the U.S. Supreme Court's Rice v. Cayetano decision, this year we chose to focus on a broad spectrum of issues... 2003 Yes
Brian Duus RECONCILIATION BETWEEN THE UNITED STATES AND NATIVE HAWAIIANS: THE DUTY OF THE UNITED STATES TO RECOGNIZE A NATIVE HAWAIIAN NATION AND SETTLE THE CEDED LANDS DISPUTE 4 Asian-Pacific Law and Policy Journal 469 (6/1/2003) A. The Legal Framework of Federal Recognition B. Land Base of a Native Hawaiian Nation Consisting of Ceded Lands 1. Initial provisions for a land base 2. History of the ceded lands A. Federal Recognition of the Native Hawaiian Government is Constitutional 1. Congress has the power to treat Native Hawaiians the same as Indian Tribes 2. The... 2003 Yes
Nancy C. Staudt TAXPAYERS IN COURT: A SYSTEMATIC STUDY OF A (MISUNDERSTOOD) STANDING DOCTRINE 52 Emory Law Journal 771 (Spring 2003) When urban planners in Northern California first proposed a bridge to link Marin County and the City of San Francisco, taxpayers objected arguing the project was a colossal waste of public money. They apparently believed boats were a sufficient means of transportation to cross the bay. The taxpayers failed in their efforts to block the construction... 2003  
Paul M. Sullivan "RECOGNIZING" THE FIFTH LEG: THE "AKAKA BILL" PROPOSAL TO CREATE A NATIVE HAWAIIAN GOVERNMENT IN THE WAKE OF RICE v. CAYETANO 3 Asian-Pacific Law and Policy Journal 4 (July, 2002) I. Introduction II. Rice v. Cayetano III. The Akaka Bill A. Legislative History B. Core Elements of the Bill C. Critique of the Akaka Bill 1. Mancari, Sandoval and the Lack of a True Tribe 2. Adarand and the Constitutional Test of Strict Scrutiny 3. Omissions and Ambiguities in the Bill 4. The Lack of Resources for the Governing Entity IV.... 2002 Yes
R. H K Lei Lindsey AKAKA BILL: NATIVE HAWAIIANS, LEGAL REALITIES, AND POLITICS AS USUAL 24 University of Hawaii Law Review 693 (Summer, 2002) This land is ours, our Hawai'i. Shall we be deprived of our nationality? More than 104 years have passed since Native Hawaiians united in protest to support their nation-the Hawaiian Kingdom-and to oppose annexation to the United States. The century since has witnessed significant changes that have had a detrimental impact on the Native Hawaiian... 2002 Yes
John Heffner BETWEEN ASSIMILATION AND REVOLT: A THIRD OPTION FOR HAWAII AS A MODEL FOR MINORITIES WORLD-WIDE 37 Texas International Law Journal 591 (Summer 2002) I. Introduction. 591 II. History of Hawaii. 594 A. From Sovereign Nation to U.S. State. 594 B. The Office of Hawaiian Affairs. 597 III. Rice v. Cayetano--The Battle for Indian Classification. 598 A. Rice v. Cayetano. 598 B. Response to Rice v. Cayetano. 600 IV. Native American Law Offers Only a Partial Solution. 601 A. Native American Law as a... 2002  
David A. Brennen CHARITIES AND THE CONSTITUTION: EVALUATING THE ROLE OF CONSTITUTIONAL PRINCIPLES IN DETERMINING THE SCOPE OF TAX LAW'S PUBLIC POLICY LIMITATION FOR CHARITIES 5 Florida Tax Review 779 (2002) L1-6,T6Prologue 781 I. L2-6,T6Introduction 785 II. L2-6,T6Tax Law's Public Policy Limitation 788 A. L3-6,T6The Origins of the Public Policy Limitation 789 B. L3-6,T6The Consequences of Violating the Public Policy Limitation 793 C. L3-6,T6Service Statements That the Constitution Dictates When a Public Policy Is Sufficiently Established 796 1.... 2002  
Shaunda A.K. Liu NATIVE HAWAIIAN HOMESTEAD WATER RESERVATION RIGHTS: PROVIDING GOOD LIVING CONDITIONS FOR NATIVE HAWAIIAN HOMESTEADERS 25 University of Hawaii Law Review 85 (Winter, 2002) Mohala i ka wai ka maka o ka pua. This Hawaiian saying translated into English literally means unfolded by the water are the faces of the flowers. The saying is better understood as, flowers thrive where there is water, as thriving people are found where living conditions are good. Like flowers, people need water to flourish. Water is essential... 2002 Yes
Chris K. Iijima NEW RICE RECIPES: THE LEGITIMIZATION OF CONTINUED OVERTHROW 3 Asian-Pacific Law and Policy Journal 8 (July, 2002) I have two sons. They are alike in many ways. They have the bright eyes and the uncensored laughs of children who are lucky enough to have still the innocence that should be the birthright of all children. I watch them and notice how the younger one emulates his older brother's mannerisms; how their dark hair falls similarly; how bright and kind... 2002  
Gavin Clarkson NOT BECAUSE THEY ARE BROWN, BUT BECAUSE OF EA : WHY THE GOOD GUYS LOST IN RICE V. CAYETANO, AND WHY THEY DIDN'T HAVE TO LOSE 7 Michigan Journal of Race and Law 317 (Spring 2002) Introduction. 317 I. Contextual Perspective on Relevant History. 319 A. Pre-Contact. 320 B. Treaty Making and Removal (1789-1871). 320 C. Allotment and Assimilation (1871-1928). 325 D. The Period of Indian Reorganization (1928-1945). 329 E. The Termination Period (1945-1961). 331 F. The Era of Self Determination (1961-present). 331 II. The Case of... 2002  
Patrick W. Hanifin RICE IS RIGHT 3 Asian-Pacific Law and Policy Journal 3 (July, 2002) I. Introduction II. Hawaii's Race-Based Programs A. Department of Hawaiian Home Lands B. Office of Hawaiian Affairs III. Rice and its Progeny: The Bar Against Hereditary Political Privilege A. Rice v. Cayetano B. Arakaki v. State of Hawaii (Arakaki I) C. Barrett and Carroll D. Arakaki v. Cayetano (Arakaki II) IV. The Discrimination is Purely... 2002  
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