| Author | Title | Citation | Summary | Year |
| 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 |
| |
Environmental and Natural Resources Provisions in State Constitutions |
22 Journal of Land, Resources, and Environmental Law 73 (2002) |
Page Alabama. 75 Alaska. 79 Arizona. 82 Arkansas. 83 California. 84 Colorado. 98 Connecticut. 103 Delaware. 103 Florida. 103 Georgia. 108 Hawaii. 189 Idaho. 115 Illinois. 127 Indiana. 128 Iowa. 128 Kansas. 131 Kentucky. 132 Louisiana. 132 Maine. 145 Maryland. 147 Massachusetts. 147 Michigan. 149 Minnesota. 152 Mississippi. 155 Missouri. 157... |
2002 |
| Keala C. Ede |
He Kanawai Pono No Ka Wai (A Just Law for Water): the Application and Implications of the Public Trust Doctrine in in re Water Use Permit Applications |
29 Ecology Law Quarterly 283 (2002) |
The development of the Public Trust Doctrine in the United States has led to varying state obligations with regard to water and other natural resources. The State of Hawaii's Public Trust Doctrine jurisprudence recognizes an unusually broad range of public interests in water. The Hawaii State Supreme Court's decision In re Water Use Permit... |
2002 |
| Thomas R. Grande |
Innovative Class Action Techniques - the Use of Rule 23(b)(2) in Consumer Class Actions |
14 Loyola Consumer Law Review 251 (2002) |
I. Introduction. 252 II. History and Elements of Rule 23(b)(2). 252 III. Relief Available Under Rule 23(b)(2). 261 IV. Innovative Uses of Rule 23(b)(2). 264 V. Case Example: Kalima v. State of Hawaii. 267 VI. Conclusion. 270 L1-2,T2Appendix A: Federal Rule 23 and Advisory Committee Notes 272 L1-2,T2Appendix B: Selected Federal Appellate Cases... |
2002 |
| Mark Hamilton, Heidi Guth |
Introduction |
3 Asian-Pacific Law and Policy Journal J. 2 (July, 2002) |
The Rice v. Cayetano Symposium, sponsored by Ahahui o Hawaii (the Native Hawaiian Law Student Association), the University of Hawaii William S. Richardson School of Law, the School of Law's Native American Moot Court Board and Team, and the Asian-Pacific Law & Policy Journal (APLPJ), took place on Thursday, April 18, 2002, on the University of... |
2002 |
| Ian H. Hlawati |
Loko I'a: a Legal Guide to the Restoration of Native Hawaiian Fishponds Within the Western Paradigm |
24 University of Hawaii Law Review 657 (Summer, 2002) |
Ancient Hawaiian fishponds change modern peoples' lives. Fishfarmers, preservationists, and chance visitors continue to attest to an inherent magnetism of fishponds. And yet, Hawai'i developers and property owners often curse the fishpond and its attendant burden on coastal development. Restorationists, likewise, have come to fulminate, not about... |
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 |
| 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 |
| 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 J. 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 |
| Patrick W. Hanifin |
Rice Is Right |
3 Asian-Pacific Law and Policy Journal J. 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 |
| Mililani B. Trask |
Rice V. Cayetano: Reaffirming the Racism of Hawaii's Colonial past |
3 Asian-Pacific Law and Policy Journal J. 5 (July, 2002) |
On February 23, 2000, the U.S. Supreme Court issued its decision in Rice v. Cayetano, striking down a state constitutional voting scheme for the State of Hawaii Office of Hawaiian Affairs (OHA). Elections for OHA Trustees were held as part of the state's election process, but only indigenous Hawaiians were allowed to vote and run for office. The... |
2002 |
| Jeanette Wolfley |
Rice V. Cayetano: the Supreme Court Declines to Extend Federal Indian Law Principles to Native Hawaiians Sovereign Rights |
3 Asian-Pacific Law and Policy Journal J. 6 (July, 2002) |
Good Evening. I am honored to be here with you and to participate on this panel to discuss the decision in Rice v. Cayetano. I feel privileged to share some thoughts with you about the decision as it relates to Indian Country, and its impact on Indian tribes and individual Indians. The grand scholar of federal Indian law, Felix S. Cohen, wrote in... |
2002 |
| Kunani Nihipali |
Stone by Stone, Bone by Bone: Rebuilding the Hawaiian Nation in the Illusion of Reality |
34 Arizona State Law Journal 27 (Spring, 2002) |
E Iho Ana Kapihe's Wanana (Prophecy) E iho ana o luna; That which is above shall be brought down; E pi'i ana o lalo; That which is below shall be lifted; E hui ana na moku; The islands shall be united; E ku ana ka paia. The walls shall stand upright. Aloha Kakou, With those words, I add to the strength of the elder who offered the prayer earlier... |
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 |
| Matthew Chapman |
The Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve: Ephemeral Protection |
29 Ecology Law Quarterly 347 (2002) |
As part of his administration's efforts to preserve environmentally valuable national areas for future generations, President Clinton issued two Executive Orders in late 2000 to begin the process of designating a vast tract of oceans and reefs in the Northwestern Hawaiian Islands as a National Marine Sanctuary, and Congress lent some support to... |
2002 |
| Danielle Conway-Jones |
The Perpetuation of Privilege and Anti-affirmative Action Sentiment in Rice V. Cayetano |
3 Asian-Pacific Law and Policy Journal J. 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 |
| 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 (Bush v. Gore Issue 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 |
| George H. Cortelyou |
AN ATTEMPTED REVOLUTION IN NATIVE AMERICAN HOUSING: THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT |
25 Seton Hall Legislative Journal 429 (2001) |
I. INTRODUCTION. 429 II. RESERVATION ECONOMIES AND THE NEED FOR AFFORDABLE HOUSING. 432 III. BACKGROUND AND LEGAL CONCEPTS. 435 IV. THE INGREDIENTS OF A SUCCESSFUL HOUSING PROGRAM. 442 V. NAHASDA AND HOW IT WORKS. 446 A. The Statutory Provisions. 446 B. NAHASDA's Success. 452 VI. THE IMPLEMENTATION OF NAHASDA SHOWS ITS SHORTCOMINGS. 455 A. An... |
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 |
| 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 |
| Heidi Kai Guth |
DIVIDING THE CATCH: NATURAL RESOURCE REPARATIONS TO INDIGENOUS PEOPLES--EXAMINING THE MAORI FISHERIES SETTLEMENT |
24 University of Hawaii Law Review 179 (Winter, 2001) |
Ka pu te ruha, ka hao te rangatahi. The old nets are worn out; the new nets go fishing. Teetering piles of paperwork, fluorescent-lit negotiations and worn-down calculator buttons somehow must lead to the sea. Sean Kerrins rummages through papers in a sterile office of the Treaty of Waitangi Fisheries Commission, in government-laden Wellington, New... |
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 |
| Robert J. Miller |
Exercising Cultural Self-determination: the Makah Indian Tribe Goes Whaling |
25 American Indian Law Review 165 (2000-2001) |
Save a Whale, Harpoon a Makah American Indian tribes and Alaskan and Hawaiian natives have long suffered under the cultural oppression of European and American societies. As a result many tribal traditions, cultures, and languages have disappeared from the North American continent and Hawaiian Islands. Today, American Indian tribes and native... |
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 |
| David J. Bederman, Kurt R. Hilbert, Of the Board of Editors, Schreeder, Wheeler & Flint LLP |
Lance Paul Larsen V. the Hawaiian Kingdom. At ‹Http://www.pca-cpa.org›. Permanent Court of Arbitration Tribunal, February 5, 2001 |
95 American Journal of International Law 927 (October, 2001) |
In Larsen v. The Hawaiian Kingdom, Lance Paul Larsen, a resident of the state of Hawaii, sought redress from the Hawaiian Kingdom for its failure to protect him from the United States and the State of Hawaii. The parties, who agreed to submit their dispute to arbitration by the Permanent Court of Arbitration (PCA), shared similar goals and wished... |
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 |
| Annmarie M. Liermann |
Seeking Sovereignty: the Akaka Bill and the Case for the Inclusion of Hawaiians in Federal Native American Policy |
41 Santa Clara Law Review 509 (2001) |
In January 1993, the United States took the extraordinary step of apologizing for its wrongdoing. Even more extraordinarily, the United States issued this apology to a native people. Public Law 103-150 (Apology Resolution) apologized to the Hawaiians who, prior to the illegal overthrow of their government with the help of the United States in... |
2001 |
| 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 |
| H. William Burgess, Sandra Puanani Burgess |
The Ceded Lands Case: Money Intended for Education Goes to Oha |
5-JUL Hawaii Bar Journal B.J. 9 (July, 2001) |
From its inception in 1898, the primary goal of Hawaii's public land trust was public education. The Annexation Act of 1898 required that the United States hold all revenues or proceeds of the ceded lands, with certain exceptions, solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes. However,... |
2001 |
| Eric K. Yamamoto |
The Color Fault Lines: Asian American Justice from 2000 |
8 Asian Law Journal 153 (May, 2001) |
This symposium aims to connect those of us here scholars, lawyers, community workers and law students. It also aims to link us with our Asian American communities, and then beyond, with African Americans, Native Americans and Hawaiians, Latinas/os and white Americans of good will, and then beyond that, with all people struggling against forms... |
2001 |
| 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 |
| Jon M. Van Dyke |
THE FUNDAMENTAL HUMAN RIGHT TO PROSECUTION AND COMPENSATION |
29 Denver Journal of International Law and Policy 77 (Spring 2001) |
The right to obtain financial compensation for a human rights abuse and to have the perpetrator of such an abuse prosecuted and punished is itself a fundamental human right that cannot be taken from a victim or waived by a government. Although it is sometimes tempting to enact a general amnesty in order to heal a nation's wounds, promote harmony,... |
2001 |
| 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 |
| David G. Savage |
A Palette of Color-blind Rulings |
86-APR ABA Journal 34 (April, 2000) |
Insisting again on colorblind laws, the Supreme Court has ruled states may not give special voting privileges to their aboriginal peoples, even for the purpose of righting a historical wrong. The 7-2 ruling struck down Hawaii's practice of allowing only native Hawaiians to elect the trustees who administer a $300 million state fund set up for their... |
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 |
| 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 |
| Timothy L. Fort , James J. Noone |
Gifts, Bribes, and Exchange: Relationships in Non-market Economies and Lessons for Pax E-commercia |
33 Cornell International Law Journal 515 (2000) |
Introduction 516 I. What is So Bad About Bribery? 518 A. Moral Arguments Against Bribery. 519 B. A Cybernetic Argument. 523 1. The Corporate Analogy. 524 2. A Detour Through Hawaii. 528 II. Lessons from Anthropology 531 A. Fundamentally, Nothing is a Gift: The Role of Self-Interest. 531 B. The Spiritial Nature of Giving. 534 1. Public Nature of the... |
2000 |
| June F. Harrigan-Lum and Arnold L. Lum |
Hawaii's Tmdl Program: Legal Requirements and Environmental Realities |
15-SUM Natural Resources & Environment 12 (Summer, 2000) |
In order to restore the environmental integrity of our nation's waters, Congress in 1972 enacted the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act (CWA). To achieve this objective, Congress declared as a national goal that the discharges of pollutants into the navigable waters [of the United States] be... |
2000 |
| James C. Hitchingham |
Korean Buddhist Dae Won Sa Temple of Hawaii V. Sullivan: Unconscious Christian-based Preferences |
1 Asian-Pacific Law and Policy Journal 15 (June 1, 2000) |
A. Evolution of Hawaii's Strict Scrutiny Standard for Free Exercise of Religion Claims prior to Korean Buddhist Dae Won Sa Temple of Hawaii v. Sullivan A. Procedural Background B. Standard, Analysis, and Holdings in the Temple's Free Exercise of Religion Claim 1. New threshold requirements for Hawaii's strict scrutiny standard 2. Discriminatory... |
2000 |
| Matthew J. Petrich |
Litigating Nagpra in Hawai'i: Dignity or Debacle? |
22 University of Hawaii Law Review 545 (Summer, 2000) |
It is not possible to study human skeletal material in . . . Polynesia, without becoming aware that one is dealing with things of the deepest import to traditional belief . . . . According to traditional Hawaiian belief, bones are the essential physical material of a person. Furthermore, bones have an inherent spiritual power called mana, and they... |
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 |