AuthorTitleCitationSummaryYearKey Term in Title or Summary
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  
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  
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
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  
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
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
Danielle Conway-Jones THE PERPETUATION OF PRIVILEGE AND ANTI-AFFIRMATIVE ACTION SENTIMENT IN RICE v. CAYETANO 3 Asian-Pacific Law and Policy Journal 7 (July, 2002) What does affirmative action have in common with Native Hawaiian Sovereignty? Absolutely nothing, except in the manner that America responds to Peoples of Color. America seeks to know no color when it discusses affirmative action, Native Hawaiian self-determination. and governance, or Native American and Alaskan tribal rights, but America has its... 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  
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  
Louis D. Bilionis THE NEW SCRUTINY 51 Emory Law Journal 481 (Spring 2002) For years, many American lawyers related a general account of judicial administration of the Constitution with fair confidence. In abbreviated form, it went like this: When constitutional values come to court, judicial scrutiny on their behalf generally takes one of two forms. For most occasions, there is mere rationality review. Judges will defer... 2002  
Erik M. Zissu WHAT HATH CAPTAIN COOK WROUGHT?: BLOODLINES, THE FIFTEENTH AMENDMENT, AND RACIAL DEMOCRACY IN THE PACIFIC 63 University of Pittsburgh Law Review 677 (Spring, 2002) In 1778 the English seafarer Captain James Cook, after an arduous journey in the Pacific Ocean, made landfall in Hawaii. Although the islands were hardly the paradise one might imagine prior to Cook's arrival, they had yet to experience the particular brand of discovery practiced by Europeans and, subsequently, by Americans. During the decades... 2002  
Jacqueline A. Cookerly, Ann Marie Zaletel BEYOND THE BELTWAY 10-WTR Journal of Affordable Housing & Community Development Law 94 (Winter, 2001) In Hawaii, a number of low-income housing projects restrict admission and occupancy of dwelling units to Native Hawaiians, as the term is defined in the Hawaiian Homes Commission Act, 1920, as amended (HHCA). The Act defines Native Hawaiians as any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands... 2001 Yes
Kimberly A. Costello RICE V. CAYETANO: TROUBLE IN PARADISE FOR NATIVE HAWAIIANS CLAIMING SPECIAL RELATIONSHIP STATUS 79 North Carolina Law Review 812 (March, 2001) The United States government has long claimed a special relationship with the once-sovereign peoples whose culture and autonomy were forever altered and in some cases destroyed by Western expansion. As distinguished from other minority groups, indigenous tribal Indians have a unique legal and political relationship with the federal government,... 2001 Yes
Le'a Malia Kanehe THE AKAKA BILL: THE NATIVE HAWAIIANS' RACE FOR FEDERAL RECOGNITION 23 University of Hawaii Law Review 857 (Summer, 2001) A man of true honor protects the unwritten word which binds his conscience more scrupulously, if possible, than he does the bond a breach of which subjects him to legal liabilities . . . . On that ground [the United States] can not allow itself to refuse to redress an injury inflicted through an abuse of power by officers clothed with its authority... 2001 Yes
William E. Spruill THE FATE OF THE NATIVE HAWAIIANS: THE SPECIAL RELATIONSHIP DOCTRINE, THE PROBLEM OF STRICT SCRUTINY, AND OTHER ISSUES RAISED BY RICE V. CAYETANO 35 University of Richmond Law Review 149 (March, 2001) Harold Freddy Rice is a Native Hawaiian in the sense that he was born in the Hawaiian Islands and can trace[ ] his ancestry to two members of the legislature of the Kingdom of Hawaii, prior to the Revolution of 1893. He is a taxpayer and a qualified elector of the United States, the State of Hawaii, and the County of Hawaii. When Rice applied... 2001 Yes
Spencer Overton A PLACE AT THE TABLE: BUSH v. GORE THROUGH THE LENS OF RACE 29 Florida State University Law Review 469 (2001) I. L2-3,T3Counting Votes and Assumptions About Democracy 473 II. L2-3,T3Meritocracy Through the Lens of Race 479 A. Race Exposes the Shortcomings of the Merit-Based Vision's Individualized Focus. 479 B. Race Exposes Particular Expressive Components of Merit-Based Vision. 484 III. L2-3,T3Merit and the Exclusion of Us All 489 L2-3,T3Conclusion 491 2001  
Nathaniel Persily COLOR BY NUMBERS: RACE, REDISTRICTING, AND THE 2000 CENSUS 85 Minnesota Law Review 899 (February, 2001) Americans participate together in very few national activities. Unlike other countries that require universal national service, a nationwide draft, or even compulsory voting, the United States asks very little from its people as a collectivity. Filling out a census form is the exception to this general rule. Originally conceived to apportion taxes... 2001  
Eric K. Yamamoto , Susan K. Serrano , Minal Shah Fenton , James Gifford , David Forman , Bill Hoshijo , Jayna Kim DISMANTLING CIVIL RIGHTS: MULTIRACIAL RESISTANCE AND RECONSTRUCTION 31 Cumberland Law Review 523 (2000-2001) I am from Hawai'i, America's fiftieth state. I am a third generation Japanese-American. At the turn of the last century, my grandparents hoped to better their hard life in Japan and emigrated to work on Hawai'i's sugar plantations. In response to oppressive work and living conditions, my grandfather helped a fledging union fight the White... 2001  
Cheryl I. Harris EQUAL TREATMENT AND THE REPRODUCTION OF INEQUALITY 69 Fordham Law Review 1753 (April, 2001) A way of seeing is also a way of not seeing. . . . The title of this article owes a great deal to the provocative questions raised by the framers, and here I mean the framers of the conference. Specifically they ask: Do the Constitution's protections of certain freedoms and of equality itself limit what government may do to secure equal... 2001  
Mark A. Levin ESSENTIAL COMMODITIES AND RACIAL JUSTICE: USING CONSTITUTIONAL PROTECTION OF JAPAN'S INDIGENOUS AINU PEOPLE TO INFORM UNDERSTANDINGS OF THE UNITED STATES AND JAPAN 33 New York University Journal of International Law & Politics 419 (Winter 2001) We Saru River Ainu prided ourselves on being from the land where the god Okikurmikamuy was born. Whenever we greeted Ainu from neighboring hamlets, we first identified ourselves in the following manner: I am So-and-so, living and working in the village to which Okikurmikamuy descended from the heavens and taught us our folk wisdom. [R]ivers are... 2001  
Eric Steven O'Malley IRRECONCILABLE RIGHTS AND THE QUESTION OF HAWAIIAN STATEHOOD 89 Georgetown Law Journal 501 (January, 2001) On March 16, 1994, United States Marshals entered the property of Dennis Bumpy Kanahele on the Big Island of Hawaii searching for Nathan Brown, a fugitive who was convicted several years earlier of eighteen felony counts stemming from his filing of fraudulent tax reports. As the Marshals approached, Mr. Kanahele shut his gate and used his body to... 2001  
L. Scott Gould MIXING BODIES AND BELIEFS: THE PREDICAMENT OF TRIBES 101 Columbia Law Review 702 (May, 2001) This Article considers a dilemma faced by tribes in a post-inherent sovereignty world. Tribes have increasingly come to be defined through the use of blood quanta as racial entities. This practice raises the legal question whether and to what extent Congress can confer benefits on tribes pursuant to the Indian Commerce Clause without violating the... 2001  
Gavin Clarkson NOT BECAUSE THEY ARE BROWN, BUT BECAUSE OF EA : RICE v. CAYETANO, 528 U.S. 495 (2000) 24 Harvard Journal of Law & Public Policy 921 (Summer, 2001) I. L2-3,T3Introduction 921 II. L2-3,T3Contextual Perspective on Relevant History 923 A. L2-3,T3Pre-contact 924 B. L2-3,T3Treaty Making and Removal (1789-1871) 925 C. L2-3,T3Allotment and Assimilation (1871-1928) 929 D. L2-3,T3The Period of Indian Reorganization (1928-1945) 934 E. L2-3,T3The Termination Period (1945-1961) 936 F. L2-3,T3The Era of... 2001  
Eric K. Yamamoto , Jen-L W. Lyman RACIALIZING ENVIRONMENTAL JUSTICE 72 University of Colorado Law Review 311 (Spring 2001) [Racial c]ommunities are not all created equal. Yet, the established environmental justice framework tends to treat racial minorities as interchangeable and to assume for all communities of color that health and distribution of environmental burdens are main concerns. For some racialized communities, however, environmental justice is not only, or... 2001  
John P. La Velle RESCUING PAHA SAPA: ACHIEVING ENVIRONMENTAL JUSTICE BY RESTORING THE GREAT GRASSLANDS AND RETURNING THE SACRED BLACK HILLS TO THE GREAT SIOUX NATION 5 Great Plains Natural Resources Journal 40 (Spring/Summer, 2001) History, despite its wrenching pain, Cannot be unlived, but if faced With courage, need not be lived again. I. The Proposal for Establishing the Greater Black Hills Wildlife Protected Area. 41 II. A Harvest of Sorrow and Blood: The Dispossession of Paha Sapa. 43 III. The Vital Need for Returning Paha Sapa to the Great Sioux Nation. 63 IV. The... 2001  
Michael Carroll EVERY MAN HAS A RIGHT TO DECIDE HIS OWN DESTINY: THE DEVELOPMENT OF NATIVE HAWAIIAN SELF-DETERMINATION COMPARED TO SELF-DETERMINATION OF NATIVE ALASKANS AND THE PEOPLE OF PUERTO RICO 33 John Marshall Law Review 639 (Spring 2000) We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness-That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed, that... 2000 Yes
John Tehranian A NEW SEGREGATION? RACE, RICE V. CAYETANO, AND THE CONSTITUTIONALITY OF HAWAIIAN-ONLY EDUCATION AND THE KAMEHAMEHA SCHOOLS 23 University of Hawaii Law Review 109 (Winter, 2000) It is the second-richest educational institution in the United States, yet many Americans have never heard of it; its multi-billion dollar endowment is said to be larger than that of any institution of higher learning save Harvard University, yet it does not involve itself in post-secondary education; and years after Brown v. Board of Education... 2000  
Sharon K. Hom ; Eric K. Yamamoto COLLECTIVE MEMORY, HISTORY, AND SOCIAL JUSTICE 47 UCLA Law Review 1747 (August, 2000) This Article is part of a larger project, entitled Re-Forming Civil Rights in Uncivil Times, that will be published as a special 2001 issue of the UCLA Amer-asia Journal, guest edited by Professors Hom and Yamamoto. The Article describes first the larger project, an interrogation of rights in the context of the U.S. civil rights legacy and the... 2000  
Melissa L. Tatum EXTENDING THE STATUS QUO: INDIAN LAW AND THE SUPREME COURT'S 1999-2000 TERM 36 Tulsa Law Journal 195 (Fall 2000) For the first time in over a decade, the United States Supreme Court ended its term without deciding a formal Indian law case. That is not to say, however, that none of the Court's decisions during its October 1999 term affect Indians or Indian Tribes. Indeed, two of the Court's opinions have a potentially large impact on the indigenous peoples... 2000  
Becky T. Chestnut MATTERS OF TRUST: UNANSWERED QUESTIONS AFTER RICE V. CAYETANO 23 University of Hawaii Law Review 363 (Winter, 2000) In Rice v. Cayetano, the United States Supreme Court held that the State of Hawai'i's refusal to allow a citizen to vote in elections for the State's Office of Hawaiian Affairs (OHA) was race-based, and therefore violated the United States Constitution. The case involved a challenge to a voting scheme that limited OHA voting rights to citizens... 2000  
Eric K. Yamamoto PRACTICALLY REFRAMING RIGHTS: CULTURE, PERFORMANCE, AND JUDGING 33 U.C. Davis Law Review 875 (Summer, 2000) This Essay explores cultural performance and legal process. More particularly, the Essay speaks to legal advocates not about crafting doctrinal arguments but about some of the problems and possibilities of shifting the cultural frameworks of decisionmakers frameworks that color how those decisionmakers understand hard evidence and social... 2000  
Ellen D. Katz RACE AND THE RIGHT TO VOTE AFTER RICE V. CAYETANO 99 Michigan Law Review 491 (December, 2000) Introduction. 491 I. Background. 496 A. The OHA's Electorate. 496 B. The Dispute. 498 II. The Riddle of Rice. 499 A. Race as Malleable: The OHA Electorate as Indians. 500 B. Race as Transformative: The OHA as a Special-Purpose District. 504 C. Race as Infectious: The OHA Electorate as Property Holders. 510 III. The Intrinsic Values of Voting and... 2000  
Chris K. Iijima RACE OVER RICE: BINARY ANALYTICAL BOXES AND A TWENTY-FIRST CENTURY ENDORSEMENT OF NINETEENTH CENTURY IMPERIALISM IN RICE v. CAYETANO 53 Rutgers Law Review 91 (Fall, 2000) The Rice v. Cayetano decision in which the Supreme Court struck down the voting requirement for Trustees of the Office of Hawaiian Affairs (OHA) that restricted eligible voters to only those of Hawaiian ancestry is an example of how apparently neutral legal decision making disguises intensely political aims. The narrative of the decision reflects... 2000  
Trina Jones SHADES OF BROWN: THE LAW OF SKIN COLOR 49 Duke Law Journal 1487 (April, 2000) Because antidiscrimination efforts have focused primarily on race, courts have largely ignored discrimination within racial classifications on the basis of skin color. In this Article, Professor Jones brings light to this area by examining the historical and contemporary significance of skin color in the United States. She argues that... 2000  
Anna Larson THE CALIFORNIA CIVIL RIGHTS INITIATIVE: WHY IT'S HERE, ITS FAR REACHING EFFECTS, AND THE UNIQUE SITUATION IN HAWAI'I 22 University of Hawaii Law Review 279 (Spring, 2000) For nearly its entire history this country has been in a seemingly constant debate over racial classifications and their significance. Racial classifications can be seen as positive when giving a job to someone less fortunate and negative when used by the police for profiling purposes. These same classifications are seen as negative when they... 2000  
Robert J. Deichert THE FIFTEENTH AMENDMENT AT A CROSSROADS 32 Connecticut Law Review 1075 (Spring, 2000) The Fifteenth Amendment to the United States Constitution provides that [t] he right of citizens of the United States to vote shall not be abridged by the United States or by any State on account of race, color, or previous condition of servitude. The State of Hawaii limited the right to vote in elections for the Office of Hawaiian Affairs (OHA),... 2000  
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