AuthorTitleCitationSummaryYear
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
Rebecca Tsosie SACRED OBLIGATIONS: INTERCULTURAL JUSTICE AND THE DISCOURSE OF TREATY RIGHTS 47 UCLA Law Review 1615 (August, 2000) Today, Native Americans and Mexican American point to the treaties of the last century in support of their claims for intercultural justice. Under this discourse of treaty rights, both the Indian treaties and the Treaty of Guadalupe Hidalgo embody the moral obligation of the United States to honor its promises to respect the land and the cultural... 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
Evelyn Brody A Taxing Time for the Bishop Estate: What Is the I.r.s. Role in Charity Governance? 21 University of Hawaii Law Review 537 (Winter, 1999) IRS Is Threatening to Revoke Status of Hawaii Estate if Trustees Don't Quit, blared the headline in the Wall Street Journal. I could not believe this brinkmanship by the Internal Revenue Service against the 115-year-old, $6 billion Kamehameha Schools Bishop Estate (KSBE). I felt like a witness to the collision between the Irresistible Force and... 1999
Emily A. Gardner A Victim of its Own Success: Can User Fees Be Used to Save Hanauma Bay? 4 Ocean and Coastal Law Journal 81 (1999) Located on the southeastern tip of Oahu, Hawaii, Hanauma Bay is a geological remnant of a volcanic eruption that took place more than 32,000 years ago. Historically, the Bay was a sacred site in Hawaiian culture and had relatively few visitors. Today, with its myriad of colorful marine life and striking underwater views, Hanauma Bay is one of the... 1999
Hon. Samuel P. King Hawaiian Sovereignty 3-JUL Hawaii Bar Journal B.J. 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
Native Hawaiian Bar Association Hawaiian View of an Archival Photograph 3-DEC Hawaii Bar Journal 26 (December, 1999) The HSBA recently published an archival photograph depicting an historical event that was adjudged suitable for use in connection with this year's centennial theme. The photograph ran in the Hawaii Bar Journal and centennial bar convention tabloid. The purpose of this article is to explain why many Native Hawaiians find this photograph highly... 1999
Gladys Brandt, Samuel P. King,, Walter Heen and Randall Roth, Authors of “Broken Trust” Renewed Trust 21 University of Hawaii Law Review 707 (Winter, 1999) After two years of legal investigations, changing policies and reforms are beginning to heal Bishop Estate's broken trust --Written with inspiration from the late Monsignor Charles Kekumano It began with a simple request. In 1997, a group of concerned Hawaiians asked for a meeting to air complaints about the actions of certain Bishop Estate... 1999
By Jon M. Van Dyke Rice 1999-00 Preview of United States Supreme Court Cases 36 (September 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
Robert B. Porter THE DEMISE OF THE ONGWEHOWEH AND THE RISE OF THE NATIVE AMERICANS: REDRESSING THE GENOCIDAL ACT OF FORCING AMERICAN CITIZENSHIP UPON INDIGENOUS PEOPLES 15 Harvard BlackLetter Law Journal 107 (Spring, 1999) Most usually, they are incorporated with the victorious nation, and become subjects or citizens of the government with which they are connected. The new and old members of the society mingle with each other; the distinction between them is gradually lost, and they make one people. Can we fulfill the promise of America by embracing all our citizens... 1999
Allison M. Dussias WAGING WAR WITH WORDS: NATIVE AMERICANS' CONTINUING STRUGGLE AGAINST THE SUPPRESSION OF THEIR LANGUAGES 60 Ohio State Law Journal 901 (1999) This Article explores how U.S. law has adversely affected Native American languages, and how Native Americans have resisted explicit and implicit pressure aimed at eradicating their languages. Professor Dussias also examines parallels between arguments made by federal government policy makers to support the suppression of Native American languages... 1999
Isaac Moriwake Critical Excavations: Law, Narrative, and the Debate on Native American and Hawaiian "Cultural Property" Repatriation 20 University of Hawaii Law Review 261 (Fall, 1998) The famous spear rest. If this thing could talk, imagine the stories we'd have. - Mayor Vincent A. Cianci Jr., City of Providence, Rhode Island. Nearly two centuries ago, the Hawaiians lost a kii laau. No one quite remembers when or how such a sacred aumakua (guardian spirit) image and important cultural symbol left the islands. Some say the... 1998
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
Taryn Ranae Tomasa HO'OLÂHUI: THE REBIRTH OF A NATION 5 Asian Law Journal 247 (May, 1998) The right to self-determination is a right recognized in the United Nations Charter and by the international community. Yet, as Ms. Tomasa observes, the indigenous Kanaka Maoli people of Hawai'i have been denied this right by a history and the continuing practice of illegitmate political and economic exploitation by the United States. She argues... 1998
Samuel J. Panarella Not in My Backyard Pash V. Hpc: the Clash Between Native Hawaiian Gathering Rights and Western Concepts of Property in Hawaii 28 Environmental Law 467 (Summer 1998) Western property law in Hawaii exists in an uneasy truce with the original native gathering practices that existed before the arrival of Europeans. The Author traces the development of Hawaiian law, from the early cases that severely restricted gathering rights to the more permissive results in PASH v. HPC. The Author argues that this trend is a... 1998
David L. Callies Our Faculty of Law 2-APR Hawaii Bar Journal B.J. 7 (April, 1998) On this, the 25th anniversary of the founding of the William S. Richardson School of Law, we can reflect back with pride on its many accomplishments, not the least of which is the graduation of 1,500 students in 23 classes, representing almost a quarter of the Hawaii bar. Students come to law school with a degree of maturity commensurate with age... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 40 Boston College Law Review 477 (December, 1998) In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
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
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
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
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
Laura C. Harris Public Access Shoreline Hawaii V. Hawai'i County Planning Commission: Expanding Hawaii's Doctrine of Custom 3 Ocean and Coastal Law Journal 293 (1997) Rapid development of coastline areas in Hawaii has sparked the attention of several native Hawaiian public interest groups. The growth of large resort hotels and condominiums along the beaches is eliminating areas once open for the exercise of traditional gathering practices. Tensions have risen between those interested in promoting the development... 1997
Eric K. Yamamoto RACE APOLOGIES 1 Journal of Gender, Race and Justice 47 (Fall, 1997) S[outh] Africa opens wounds to heal wrongs of [the] past. My presentation on the Historical Perspectives panel looks to the past to move toward the future. It addresses a question of both process and substance; how can racial groups redress historical wrongs inflicted by one group upon the other in order to overcome present-day obstacles to... 1997
  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
Janet L. Borgerson, Ph.D., Jonathan E. Schroeder, Ph.D. The Ethics of Representation-packaging Paradise: Consuming the 50th State 14 Thomas M. Cooley Law Review 473 (Michaelmas Term, 1997) This paper addresses issues of representation through a detailed analysis of an important mass media form, the long-playing record. Our presentation will focus on the representation of Hawaii as feminine, exotic, and primitive, through the use of models, poses, and conventions from art history and advertising. We have assembled a collection of... 1997
Lawrence Rosenn THE RIGHT TO BE DIFFERENT: INDIGENOUS PEOPLES AND THE QUEST FOR A UNIFIED THEORY 107 Yale Law Journal 227 (October, 1997) Americans genuinely seem perplexed by the issue of group rights. Ever since the Federalists' vision of the country prevailed over the view of those who saw the nation as congeries of communitarian entities, Americans have favored the ideal of unitarian nationhood without relinquishing their romance of community. A similar ambivalence is evident in... 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
Robert J. Morris, J.D. , (Kapa‘Ihiahilina) Configuring the Bo(u)nds of Marriage: the Implications of Hawaiian Culture & Values for the Debate about Homogamy 8 Yale Journal of Law & the Humanities 105 (Winter 1996) Eia o Hawaii ua ao, paalia i ka pono i ka lima. Here is Hawaii, having become enlightened, confirmed by justice in her hands. In the same-sex marriage case of Baehr v. Lewin, the Hawaii Supreme Court, relying upon modern American constitutional jurisprudence, determined that the right to privacy does not extend to same-sex marriage, which I... 1996
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
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
Heidi Van Kirk Iii. Native American Issues 26 Environmental Law 1000 (Fall 1996) A native Hawaiian family asserted its right to exclusively use and occupy the Ai'opio fish trap located within the Kaloko-Honokohau National Historic Park. The district court granted summary judgment for the United States. The Ninth Circuit wrote this opinion affirming the district court to clarify its decision in light of Public Access Shoreline... 1996
Major Ayres Native American Graves Protection and Repatriation Act Regulations Published 1996-JUN Army Lawyer 67 (June, 1996) The DOI has promulgated regulations and procedures to develop a systematic process for determining the rights of lineal descendants, Indian tribes, and Native Hawaiian organizations to certain Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony with which they are affiliated. The regulations took effect... 1996
Jon M. Van Dyke , Carmen Di Amore-Siah , Gerald W. Berkley-Coats SELF-DETERMINATION FOR NONSELF-GOVERNING PEOPLES AND FOR INDIGENOUS PEOPLES: THE CASES OF GUAM AND HAWAI'I 18 University of Hawaii Law Review 623 (Summer/Fall, 1996) The people who inhabit nonself-governing territories (such as the five U.S.-flag territories and commonwealths) have a right to self-determination and self-governance under international law. In addition, the indigenous peoples in these, and other, communities have rights under international (and domestic) law that are separate and distinct from... 1996
William H. Rodgers, Jr. The Sense of Justice and the Justice of Sense: Native Hawaiian Sovereignty and the Second "Trial of the Century" 71 Washington Law Review 379 (April, 1996) The Congress . . . apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination . . . . In 1993, Congress apologized to the... 1996
Andrew Hiroshi Aoki American Democracy in Hawaii: Finding a Place for Local Culture 17 University of Hawaii Law Review 605 (Fall, 1995) In Volume II of the Price of Paradise, Peter Adler and Noralynne Pinao address the feared loss of the aloha spirit. It is a question on the minds of many who were raised in Hawaii. According to Adler and Pinao, the things that make up aloha --love, affection, compassion, mercy, pity, and kindness -- transcend and cut across cultures. The... 1995
Robert Wachter An Analysis of the Standing and Jurisdiction Prerequisites for Direct Appeal of Agency Actions to the Circuit Court under the Hawaii Administrative Procedure Act after Bush V. Hawaiian Homes Commission and Pele Defense Fund V. Puna Geothermal Venture 17 University of Hawaii Law Review 375 (Summer, 1995) In 1961, the Hawaii State Legislature adopted the Hawaii Administrative Procedure Act (HAPA) in order to prescribe uniform standards for the conduct of rulemaking and the handling of adjudicatory proceedings. HAPA was modeled after the Uniform Law Commissioner's Model State Administrative Procedure Act of 1961. HAPA authorized state agencies to... 1995
Noelle M. Kahanu , Jon M. Van Dyke Native Hawaiian Entitlement to Sovereignty: an Overview 17 University of Hawaii Law Review 427 (Fall, 1995) The indwelling yearning for sovereignty among the Hawaiian people burst forth in 1993 -- 100 years after the illegal overthrow of the Kingdom of Hawaii -- with a cacophonous display of demonstrations, protests, demands, and legislative proposals. A process is now underway to reestablish an autonomous Hawaiian nation, and it appears likely that a... 1995
Jennifer M.L. Chock One Hundred Years of Illegitimacy: International Legal Analysis of the Illegal Overthrow of the Hawaiian Monarchy, Hawai'i's Annexation, and Possible Reparations 17 University of Hawaii Law Review 463 (Fall, 1995) During the reign of King Kamehameha III, the great foreign powers of the world recognized the independence of the Kingdom of Hawaii. In a letter dated December 19, 1842, U.S. Secretary of State Daniel Webster wrote that the Government of the Sandwich Islands ought to be respected; that no power ought either to take possession of the islands as a... 1995
Lisa Cami Oshiro Recognizing Na Kanaka Maoli's Right to Self-determination 25 New Mexico Law Review 65 (Winter, 1995) Ua mau ke ea o ka aina i ka pono. King Kamehameha III, Kauikeaouli, 1843 Resolving that the Hawaiian nation would survive the threats of foreign takeover and live through justice, King Kamehameha III proclaimed, Ua mau ke ea oka aina i ka pono (the sovereignty of the land is perpetuated through righteousness). These words continue to... 1995
Professor Francis Anthony Boyle Restoration of the Independent Nation State of Hawaii under International Law 7 St. Thomas Law Review 723 (Summer, 1995) I understand that the Sovereignty Commission is looking into models and examples, of where the native people of Hawaii can go in light of the state legislation that has been adopted, and also in light of the recent federal law that has just been signed into law by President Clinton. I have been asked to discuss one particular model for the future... 1995
Jon M. Van Dyke The Kamehameha Schools/bishop Estate and the Constitution 17 University of Hawaii Law Review 413 (Fall, 1995) The Bishop Estate, established in 1884 by the will of Princess Bernice Pauahi Bishop, plays a central role in Hawaii because it owns 336,373 acres of land (almost ten percent of all the land in Hawaii), controls $1.2 billion in assets, and runs the important Kamehameha Schools and other educational programs for children of Hawaiian ancestry. This... 1995
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
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