| Author | Title | Publication Name | Summary | Year | Key Term in Title or Summary |
| 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 |
|
| 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 |
| 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 |
|
| 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 |
|
| 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 |
| 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 |
|
| 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 |
| 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 |
|
| 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 |
| 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 |
|
| Tina L. Corcoran |
THE FIFTEENTH AMENDMENT'S PROHIBITION AGAINST STATE SUFFRAGE RESTRICTIONS BASED UPON RACE ENCOMPASSES ANCESTRAL RESTRICTIONS THAT ARE USED AS SUBSTITUTES FOR RACE: RICE V. CAYETANO |
39 Duquesne Law Review 217 (FALL, 2000) |
In 1996, petitioner Harold F. Rice, a citizen of the State of Hawaii, filed suit in the United States District Court for the District of Hawaii, alleging that the State of Hawaii's basis for denying his application to vote for trustees for the Office of Hawaiian Affairs (OHA) was a violation of the Fourteenth and Fifteenth Amendments of the... |
2000 |
|
| David A. Brennen |
THE POWER OF THE TREASURY: RACIAL DISCRIMINATION, PUBLIC POLICY, AND "CHARITY" IN CONTEMPORARY SOCIETY |
33 U.C. Davis Law Review 389 (Winter, 2000) |
C1-5Table of Contents L1-3Prologue 391 L1-4Introduction 394 I. L2-4Development of Treasury's Public Policy Power 397 A. L3-4Overview of Tax-Exempt Charitable Status. 397 B. L3-4Birth of the Public Policy Power. 400 1.. Bob Jones University 400 2.. Analysis of Bob Jones University 406 II. L2-4Delegation of Public Policy Power by Congress 411 A.... |
2000 |
|
| Hon. Samuel P. King |
HAWAIIAN SOVEREIGNTY |
3-JUL Hawaii Bar Journal 6 (July, 1999) |
The idea of a resurrected nation of, by, and for Hawaiians has gained momentum since the early 1970s and is now a major political issue facing the people of the State of Hawaii. This drive for separate recognition has coincided with an increasing loss by Hawaiians of political power and patronage in both elective and appointive government positions... |
1999 |
|
| By Jon M. Van Dyke |
Rice |
1999-00 Preview of United States Supreme Court Cases 36 (9/13/1999) |
Hawaii's constitution says that only persons of Native Hawaiian ancestry can vote for the nine trustees of the Office of Hawaiian Affairs. In upholding this voting restriction, the Ninth Circuit reasoned that the federal government's goal of promoting and facilitating self-governance for all Native Americans also applies to the Native Hawaiian... |
1999 |
Yes |
| Paul M. Sullivan |
CUSTOMARY REVOLUTIONS: THE LAW OF CUSTOM AND THE CONFLICT OF TRADITIONS IN HAWAI'I |
20 University of Hawaii Law Review 99 (Fall, 1998) |
The legal concepts of custom and usage, founded in the common law but historically given little or no significance in the jurisprudence of most states, are currently the subjects of intense debate in the State of Hawaii. At the heart of the debate is a perceived conflict between, on the one hand, deeply-rooted customs and traditions of... |
1998 |
|
| Jeffrey Wutzke |
DEPENDENT INDEPENDENCE: APPLICATION OF THE NUNAVUT MODEL TO NATIVE HAWAIIAN SOVEREIGNTY AND SELF-DETERMINATION CLAIMS |
22 American Indian Law Review 509 (1998) |
In the late summer of 1996, Native Hawaiians voted to elect delegates to propose a Native Hawaiian government. What exactly a Native Hawaiian government meant for purposes of the referendum was left undefined; the possibilities range from complete independence from the United States, to the creation of some type of state within a state... |
1998 |
Yes |
| D. Kapua Sproat |
THE BACKLASH AGAINST PASH: LEGISLATIVE ATTEMPTS TO RESTRICT NATIVE HAWAIIAN RIGHTS |
20 University of Hawaii Law Review 321 (Fall, 1998) |
In 1995, the Hawaii Supreme Court reaffirmed the preeminence of Hawaiian custom and usage in State law with its decision in Public Access Shoreline Hawaii v. Hawaii County Planning Commission (PASH). In what many view as a landmark decision, the court held that a public interest group with Native Hawaiian members had standing to participate in... |
1998 |
Yes |
| Jon M. Van Dyke |
THE POLITICAL STATUS OF THE NATIVE HAWAIIAN PEOPLE |
17 Yale Law and Policy Review 95 (1998) |
More than 200,000 people now living in Hawai'i are descendants of the Polynesian people, who had a thriving isolated culture in the Hawaiian Islands until westerners started arriving at the end of the eighteenth century. The Native Hawaiians lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a... |
1998 |
Yes |
| Troy M. Yoshino |
UA MAU KE EA O KA AINA I KA PONO: VOTING RIGHTS AND THE NATIVE HAWAIIAN SOVEREIGNTY PLEBISCITE |
3 Michigan Journal of Race and Law 475 (Spring 1998) |
Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this... |
1998 |
Yes |
| Eric K. Yamamoto |
CRITICAL RACE PRAXIS: RACE THEORY AND POLITICAL LAWYERING PRACTICE IN POST-CIVIL RIGHTS AMERICA |
95 Michigan Law Review 821 (February, 1997) |
At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs... |
1997 |
|
| James Podgers |
GREETINGS FROM INDEPENDENT HAWAII |
83-JUN ABA Journal 74 (June, 1997) |
Beyond Hawaii's swaying palm trees, beyond its beaches and beyond its plush tourist enclaves of resort hotels and golf courses, there is trouble brewing in America's island paradise. The troubles come in the form of a growing sovereignty movement among Native Hawaiiansthose who can trace at least some portion of their bloodlines to ancestors... |
1997 |
Yes |
| |
RETHINKING RACE FOR STRICT SCRUTINY PURPOSES: YNIGUEZ AND THE RACIALIZATION OF ENGLISH ONLY |
19 University of Hawaii Law Review 221 (Spring, 1997) |
Maria-Kelly Yniguez spoke Spanish on the job. As an insurance claims manager for the State of Arizona, she managed medical malpractice claims asserted against the state. A Latina fluent in English and Spanish, Maria often spoke Spanish to Latino claimants to help them understand intricate legal concepts related to their claims. She inquired about... |
1997 |
|
| Gary Day |
THE VOTING RIGHTS ACT OF 1965: ALL BARK, NO BITE? |
12 Saint John's Journal of Legal Commentary 756 (Summer, 1997) |
Exercising the right to vote is an essential component of our democracy and is protected by the Fourteenth and Fifteenth Amendments of the United States Constitution. Congress, therefore, has ample power pursuant to the Necessary and Proper Clause to preserve such voting rights in congressional elections. The passage of the Voting Rights Act of... |
1997 |
|
| Elizabeth Ann Ho-oipo Kala'ena'auao Pa Martin, David Lynn Martin, David Campbell Penn, and Joyce E. McCarty |
CULTURES IN CONFLICT IN HAWAI'I: THE LAW AND POLITICS OF NATIVE HAWAIIAN WATER RIGHTS |
18 University of Hawaii Law Review 71 (Winter/Spring, 1996) |
I. L2-4,T4A Critical Juncture in Hawaiian Water Rights 72 II. L2-4,T4Historical Background 83 A. L3-4,T4Traditional and Customary Beliefs, Values and Practices 83. B. L3-4,T4Colonization 90. C. L3-4,T4Development of Common Law 97. III. L2-4,T4The Hawaii Water Code 105 A. L3-4,T4Enacting the Code 105. B. L3-4,T4Designation of Ground Water Management... |
1996 |
Yes |
| Stuart Minor Benjamin |
EQUAL PROTECTION AND THE SPECIAL RELATIONSHIP: THE CASE OF NATIVE HAWAIIANS |
106 Yale Law Journal 537 (December, 1996) |
In the 1970s, the Supreme Court rejected several equal protection challenges to government programs that singled out members of Indian tribes, invoking a constitutionally grounded special relationship between the United States and Indian tribes under which tribal classifications were political, not racial, and were subject to mere rational basis... |
1996 |
Yes |
| Daniel G. Mueller |
THE REASSERTION OF NATIVE HAWAIIAN GATHERING RIGHTS WITHIN THE CONTEXT OF HAWAII'S WESTERN SYSTEM OF LAND TENURE |
17 University of Hawaii Law Review 165 (Summer, 1995) |
Contemporary Hawaii law includes the mandate that Native Hawaiian culture must be protected or, if once lost, restored. Article XII, section 7 of the Hawaii Constitution, adopted in 1978, embodies the emerging trend in Hawaii public policy to protect Native Hawaiian culture: The State reaffirms and shall protect all rights customarily and... |
1995 |
Yes |
| Eric K. Yamamoto , Moses Haia , Donna Kalama |
COURTS AND THE CULTURAL PERFORMANCE: NATIVE HAWAIIANS' UNCERTAIN FEDERAL AND STATE LAW RIGHTS TO SUE |
16 University of Hawaii Law Review 1 (Summer, 1994) |
Police Seize 25 in Hilo Protest: Hawaiian Confrontation at Mall. So read the news headline in September, 1993. One hundred twenty Native Hawaiians in Hilo protested the State Department of Hawaiian Homelands' lease of 39 acres of trust Homelands to a non-Hawaiian commercial entity for the Prince Kuhio Plaza shopping mall. The protesting group,... |
1994 |
Yes |
| Pam Bunn, Wayne Costa |
PUBLIC ACCESS SHORELINE HAWAII V. HAWAII COUNTY PLANNING COMMISSION: THE AFFIRMATIVE DUTY TO CONSIDER THE EFFECT OF DEVELOPMENT ON NATIVE HAWAIIAN GATHERING RIGHTS |
16 University of Hawaii Law Review 303 (Summer, 1994) |
Finally, there remains a percentage, not large indeed, and yet not so small as to be negligible, where a decision one way or the other, will count for the future, will advance or retard, sometimes much, sometimes little, the development of the law. In Public Access Shoreline Hawaii v. Hawaii County Planning Commission (PASH), the Intermediate Court... |
1994 |
Yes |
| Wendy Brown-Scott |
RACE CONSCIOUSNESS IN HIGHER EDUCATION: DOES "SOUND EDUCATIONAL POLICY" SUPPORT THE CONTINUED EXISTENCE OF HISTORICALLY BLACK COLLEGES? |
43 Emory Law Journal 1 (Winter, 1994) |
C1-3TABLE OF CONTENTS I. Introduction. 3 II. The Need for Historically Black Public Colleges and Universities: Building Trust Through Education. 10 A. The Need for Historically Black Colleges. 10 B. What Went Wrong?. 13 C. Rectifying Pluralistic Ignorance. 20 1. A Short Story. 20 2. A Longer Version. 26 III. Challenging Subordination, Gaining... |
1994 |
|
| Williamson B.C. Chang |
THE "WASTELAND" IN THE WESTERN EXPLOITATION OF "RACE" AND THE ENVIRONMENT |
63 University of Colorado Law Review 849 (1992) |
The problems of racism and environmental destruction seem the most persistent and insoluble in our society. There seems to be an ideological blind spot as to these two issues. Our ability to find solutions seems hindered by emotions, circularity and self-referencing arguments that block meaningful analysis. Much of this inability stems from the... |
1992 |
|
| Mililani B. Trask |
HISTORICAL AND CONTEMPORARY HAWAIIAN SELF-DETERMINATION: A NATIVE HAWAIIAN PERSPECTIVE |
8 Arizona Journal of International & Comparative Law 77 (1991) |
I am a Native Hawaiian. For fifteen years I have been working for sovereignty and self-determination for my people. When I graduated from law school at the University of Santa Clara at the age of twenty-seven, my heart was full of desire to make change for my people. But when I returned to Hawaii as a lawyer, I was shocked to learn that the Native... |
1991 |
Yes |
| Patricia A. Tidwell , Peter Linzer |
THE FLESH-COLORED BANK AID-CONTRACTS, FEMINISM, DIALOGUE, AND NORMS |
28 Houston Law Review 791 (July, 1991) |
C1-4Table of Contents I. L2-3INTRODUCTION. 791 II. L2-3A BRIEF SKETCH OF RELATIONAL CONTRACTS . 794 III. L2-3THE FEMININE VOICE. 798 IV. L2-3CONTRACTS IN A FEMININE VOICE. 800 A.. The Power of Naming. 801 B.. Developing Less Formalized Rules. 803 C.. Embracing a Broader View of Value. 804 D.. A Different View of Obligation and Excuse. 805 V.... |
1991 |
|