| Author | Title | Citation | Summary | Year |
| Peter Blanck , Ynesse Abdul-Malak , Meera Adya , Fitore Hyseni , Mary Killeen , Fatma Altunkol Wise |
DIVERSITY AND INCLUSION IN THE AMERICAN LEGAL PROFESSION: FIRST PHASE FINDINGS FROM A NATIONAL STUDY OF LAWYERS WITH DISABILITIES AND LAWYERS WHO IDENTIFY AS LGBTQ+ |
23 University of the District of Columbia Law Review 23 (Spring, 2020) |
Purpose: This article presents initial, descriptive findings from the first phase of a national study, with a planned longitudinal component, conducted in collaboration with the American Bar Association (ABA). With representation from all U.S. regions and states, as well as the District of Columbia, the study examined lawyers with diverse... |
2020 |
| Brian Wild, Editor-in-Chief Volume 21 (2019-2020) |
Editor's Note |
21 Asian-Pacific Law and Policy Journal J. I (May 25, 2020) |
The editors of the Asian-Pacific Law and Policy Journal (APLPJ) proudly present our Spring 2020 Issue: Volume 21, Issue 2. This Issue features five Articles, one student-authored Comment, and one Bibliography. As was the case in our last Issue, the papers included here cover a wide array of subjects that are sure to captivate our audience; Search Snippet: ...Fellow at WSRSL's Ka Huli Ao Center for Excellence in Native Hawaiian Law. While APLPJ is proud to feature each of the... |
2020 |
| Allan W. Vestal |
Faithfully Enforcing the Religious Liberty Guarantees of the Northwest Territory States |
34 BYU Journal of Public Law 403 (2020) |
In 2001, the State of Wisconsin hired a new chaplain for its maximum-security prison. The appointment was controversial because the new chaplain, the Reverend Jamyi Witch, was a Wiccan priestess. The chair of the General Assembly's Corrections and Courts Committee, future Wisconsin Governor and Republican presidential aspirant Scott Walker,; Search Snippet: ...9%), African American (7.5%), Hispanic (3.7%), Asian (<1%), Native Hawaiian/Pacific Isl. (<1%), and other (<1%). See id Adult... |
2020 |
| Chantal Carriere |
Federal Approval of Oil Pipelines and Indigenous Consultation in the United States after Standing Rock and Keystone Xl: Lessons from Canada on the Limits of Industry-indigenous Consultation |
42 Houston Journal of International Law 321 (Spring, 2020) |
Introduction. 322 I. Government to Government Consultation and Industry-Indigenous Consultation. 327 II. Government-to-Government Consultation in the United States: Federal Indian Law and the Trust Doctrine. 336 A. The Trust Doctrine. 342 B. Government-to-Government Consultation. 347 1. Executive Policy. 348 2. Congressional Consultations Laws and; Search Snippet: ...into account any confidentiality concerns raised by Indian tribes or Native Hawaiian organizations during the identification process. Id . § 800.4(b... |
2020 |
| Christina Scotti |
Generating Trauma: How the United States Violates the Human Rights of Incarcerated Mothers and Their Children |
23 CUNY Law Review 38 (Winter, 2020) |
Introduction. 40 I. An Overview: Incarceration in the United States. 44 A. The Surge of Female Incarceration in the United States and How It Differs from Male Incarceration. 45 B. Severing Ties: The Additional Punishments U.S. Mothers Face Behind Bars. 49 II. Altering the Brain: The Deeply Embedded Toxic Stress in Children. 53 A. Unspoken Trouble:; Search Snippet: ...Indian and Alaskan Native; 0.9% Asian; and 0.4% Native Hawaiian and Pacific Islander. [FN45] Incarceration disproportionately affects black women, who... |
2020 |
| Camille Lamar Campbell |
Getting at the Root Instead of the Branch: Extinguishing the Stereotype of Black Intellectual Inferiority in American Education, a Long-ignored Transitional Justice Project |
38 Law & Inequality: A Journal of Theory and Practice Ineq. 1 (Summer, 2020) |
L1-2Table of Contents Introduction. 2 I. Transitional Justice Primer: Central Tenets, Prevalent Practices, and Modern-Day Applications. 6 A. Transitional Justice Tenets and Prevalent Practices. 9 B. Applying Transitional Justice Principles to Stable Democracies. 11 II. Lost in Transition: The Court's Transitional Jurisprudence Replicates the; Search Snippet: ...and for the atrocities of slavery and segregation, [FN54] to Native Hawaiians for a government-endorsed coup of the sovereign Kingdom of... |
2020 |
| Ian Falefuafua Tapu |
How to Say Sorry: Fulfilling the United States' Trust Obligation to Native Hawaiians by Using the Canons of Construction to Interpret the Apology Resolution |
44 New York University Review of Law and Social Change 445 (2020) |
The Marshall Trilogy--a series of U.S. Supreme Court cases that became the legal foundation of the unique, government-to-government relationship between Indian tribes and the U.S. federal government--established a special doctrine known as the Indian Canons of Construction. The Canons became a powerful tool in treaty and statutory construction,; Search Snippet: ...TO SAY SORRY: FULFILLING THE UNITED STATES' TRUST OBLIGATION TO NATIVE HAWAIIANS BY USING THE CANONS OF CONSTRUCTION TO INTERPRET THE APOLOGY... |
2020 |
| Aziz Rana |
How We Study the Constitution: Rethinking the Insular Cases and Modern American Empire |
130 Yale Law Journal Forum 312 (November 2, 2020) |
Few American law classes actually teach the Insular Cases. This Essay argues that this is due to a profound lacuna in mainstream constitutional study--the failure to adequately confront the extent to which the United States from its founding has been a project of empire. In part, for this reason, the field tends to have little to say; Search Snippet: ...Population of Hawai'i by Race/Ethnicity: U.S. Census 1900-2010 Native Hawaiian Data Book , www.ohadatabook.com/T01-03-11u.pdf [https://perma.cc/5FJ3-94AN... |
2020 |
| Johanna K.P. Dennis |
Just Beyond Reach: a Study on Access to In-state Tuition and Enrollment after Deferred Action for Childhood Arrivals Part Iii - Individually Reported Hispanic Non-citizen Student Persistence |
20 Journal of Law in Society 103 (Winter, 2020) |
C1-2Table of Contents Table of Contents. 103 List of Figures. 104 List of Tables. 105 Part III. 105 1. Introduction and Purpose of Part III. 107 2. Background Literature and Prior Studies. 107 2.1. Recruitment Theory. 108 2.2. Minority Status as a Common Factor Impacting Achievement. 110 2.2.1. Minority Status as a Common Factor. 111 3; Search Snippet: ...Asian, 1.3% American Indian or Alaska Native, 0.2% Native Hawaiian and Other Pacific Islander, and 2.7% two or more... |
2020 |
| Caroline V. Lawrence, The COVID-Dynamic Team |
Masking Up: a Covid-19 Face-off Between Anti-mask Laws and Mandatory Mask Orders for Black Americans |
11 California Law Review Online 479 (November, 2020) |
Mandatory PPE orders during COVID-19 have forced Black Americans to weigh the dangers of disease against the dangers of selective enforcement and racial profiling. In states with civil rights-era anti-mask laws, both wearing and eschewing masks could lead to police interaction. This Essay argues that anti-mask laws were only superficially intended; Search Snippet: ...10.4% identified as Asian, 0.1 percent identified as Native Hawaiian/Pacific Islander, 7.6% identified as Black, 74.1% identified... |
2020 |
| Anastasia M. Boles |
Moving the Needle: Two Promising Tools to Attack Arkansas's Racial Disparity in Criminal Sentencing |
43 University of Arkansas at Little Rock Law Review Rev. 1 (Fall, 2020) |
C1-2Table of Contents I. Introduction. 1 II. Race and Incarceration in Arkansas. 6 A. Sentencing Disparities in Arkansas. 9 B. The Science of Racial Bias and the Criminal Justice System. 12 III. Racism, the Constitution, and the Jury Process. 15 IV. Before The Verdict: Arkansas's New Jury Instruction. 17 A. AMI Crim. 2d 101. 18 B. Other; Search Snippet: ...7%), American Indian or Alaska Native (1%), Asian (1.7%), Native Hawaiian or Other Pacific Islander (.4%), two or more races (2... |
2020 |
| Kim Shayo Buchanan, Phillip Atiba Goff |
RACIST STEREOTYPE THREAT IN CIVIL RIGHTS LAW |
67 UCLA Law Review 316 (May, 2020) |
Racist stereotype threat (RST) describes a concern experienced by many people in interactions which are racially fraught: It arises when a person anticipates being evaluated, or sees an ingroup member being evaluated, in light of a stereotype that their group is racist. Because white people are more likely to anticipate being stereotyped as racist,... |
2020 |
| Alaa “Al” Ziad Haidar, Esq. , MPH, Hudson Headwaters Health Network, Queensbury, NY |
Recent 340b Contract Pharmacy Troubles and the Necessary Solution |
33 No. 2 Health Lawyer 34 (December, 2020) |
The 340B Drug Pricing Program (340B Program) has served to make drugs more affordable and available to lower-income Americans. Under the 340B Program, which is administered by the U.S. Department of Health and Human Services (HHS) through its agency, the Health Resources and Services Administration (HRSA), drug manufacturers are required to sell; Search Snippet: ...clinic, (7) a comprehensive hemophilia diagnostic treatment center, (8) a Native Hawaiian Health Center, (9) an urban Indian organization, (10) a certified... |
2020 |
| Alyson Flournoy, Thomas T. Ankersen, Sasha Alvarenga |
Recreational Rights to the Dry Sand Beach in Florida: Property, Custom and Controversy |
25 Ocean and Coastal Law Journal L.J. 1 (January, 2020) |
I. Introduction II. Sand Facts III. Customary Use Doctrine A. Origins and Theory B. The Tona-Rama Case: Customary Use Rights in Florida C. A Note on Special injury IV. Sources of Confusion and Conflict A. Common Law Rights and the Judicial Process B. The Interplay between Customary Use Ordinances and Common Law Customary Use Rights C. Legislative; Search Snippet: ...Hawaii is unique due to the strong influence of indigenous ( Native Hawaiian) customary law on its common law. While the Hawaii Supreme... |
2020 |
| Daniel Farber |
Requiem for a Heavyweight: the Decline and Fall of Lucas V. South Carolina Coastal Council |
71 Florida Law Review Forum 212 (2020) |
Property rights advocates hailed Lucas v. South Carolina Coastal Council. They hoped Justice Antonin Scalia's opinion for the Supreme Court would revolutionize interpretation of the Constitution's takings clause and finally fulfill its potential as a vehicle for deregulation. On its face, the ruling seemed to dramatically expand the scope of; Search Snippet: ...familiar background principles, including customary rights of beach access; [FN24] native Hawaiian food gathering rights (a decision invoking the Aloha spirit); [FN25... |
2020 |
| Benjamin Eidelson |
Respect, Individualism, and Colorblindness |
129 Yale Law Journal 1600 (April, 2020) |
What principle underlies the Supreme Court's colorblind or anticlassification approach to race and equal protection? According to the Court and many commentators, the answer lies in a kind of individualism--a conviction that people should be treated as individuals, not as instances of racial types. Yet the Court has said almost nothing about; Search Snippet: ...limit on the electorate for trustees of a trust for Native Hawaiians. [FN83] As Justice Kennedy wrote for the Court, One of... |
2020 |
| Brian Wild, Editor-in-Chief Volume 21 (2019-2020) |
Special Dedication for Volume 21, Issue 2 |
21 Asian-Pacific Law and Policy Journal ii (May 25, 2020) |
Earlier this year, the APLPJ staff received word that Professor Melody Kapilialoha MacKenzie, Founding Director of the WSRSL Ka Huli Ao Center for Excellence in Native Hawaiian Law, was retiring at the close of the spring semester. Since announcing her retirement, Professor MacKenzie has been honored for her decades of advocacy and scholarship, and; Search Snippet: ...of the WSRSL Ka Huli Ao Center for Excellence in Native Hawaiian Law, was retiring at the close of the spring semester... |
2020 |
| Angela P. Harris , Aysha Pamukcu |
The Civil Rights of Health: a New Approach to Challenging Structural Inequality |
67 UCLA Law Review 758 (October, 2020) |
An emerging literature on the social determinants of health reveals that subordination is a major driver of public health disparities. This body of research makes possible a powerful new alliance between public health and civil rights advocates: an initiative to promote the civil rights of health. Understanding health as a matter of justice, and; Search Snippet: ...1 percent of Hispanics, and 8.9 percent of Asian, Native Hawaiian, or Pacific Islanders. Id. at 5. The disparities are even... |
2020 |
| Annie Rischard Davis |
The Cultural Property Conundrum: the Case for a Nationalistic Approach and Repatriation of the Moai to the Rapa Nui |
44 American Indian Law Review 333 (2020) |
There is a temple in ruin stands, Fashion'd by long forgotten hands; Two or three columns, and many a stone, Marble and granite, with grass o'ergrown! Out upon Time! It will leave no more Of things to come than the things before! Out upon Time! Who for ever will leave But enough of the past and the future to grieve O'er that which hath been, and; Search Snippet: ...the special relationship between Federal Government and Indian tribes and Native Hawaiian organizations; regulation; authorization of appropriations; and enforcement. [FN145] Its main... |
2020 |
| Noah Kupferberg |
THE LAW OF FIRST CONTACT: DID CAPTAIN COOK COMMIT CRIMES IN HAWAI'I? |
42 University of Hawaii Law Review 101 (Spring, 2020) |
In our highly interconnected world, in a time of international tension, it is helpful to consider how we got here. What happened during our first contacts with one another over the past 500 years, and what do these incidents teach us about our present and possible future relationships? This article considers perhaps the most famous of first... |
2020 |
| Chaz Rotenberg |
The Path less Traveled: Afrocentric Schools and Their Potential for Improving Black Student Achievement While Upholding Brown |
47 Fordham Urban Law Journal 1173 (June, 2020) |
Introduction. 1174 I. A History of the Afrocentric School Movement. 1178 A. The Rise, Fall, and Reemergence of Afrocentric Schools Nationwide. 1178 i. Other Centric Schools. 1181 ii. Education Inequality in the United States. 1182 B. Afrocentric Schools in New York City. 1184 i. Rampant Inequality and Segregation in New York City Schools. 1184; Search Snippet: ...was once banned in Hawai'i public schools, and teachers insisted native Hawaiian students use English instead); Native Language Immersion Initiative supra note... |
2020 |
| David Kimo Frankel |
The Protection of the Environment, Cultural Resources, and Quality of Life in Hawaii State Court |
24-MAY Hawaii Bar Journal B.J. 4 (May, 2020) |
Among the natural resources designated for preservation, protection, and restoration are recreational resources, historic resources, scenic and open space resources, and coastal ecosystems. See HRS § 205A-2. In my view they constitute property owned by the public. Sandy Beach Defense Fund v, City Council, 70 Haw. 361, 389, 773 P.2d 250,; Search Snippet: ...§ 7-1 may be enforced by private action. [FN84] Native Hawaiians can use HRS chapter 673 to cure breaches of the... |
2020 |
| Kaylee Kilolani Michiko Correa |
The Relationship Between Food Sovereignty and Hawaiian Health: the Implications Behind Alexander and Baldwin's Recent Land Sale |
17 Indiana Health Law Review 257 (2020) |
The Hawaiian creation story, or Kumulipo, features Wkea (sky-father) and Papa (earth-mother), parents of the Hawaiian Islands. Ho'ohklani was the daughter of Wkea and Papa; Wkea and Ho'ohklani had a stillborn baby boy, so they buried him on the east side of their house, facing the sunrise. A plant soon grew in the burial spot, which became; Search Snippet: ...the land and the vitality of that connection: Knaka Maoli [ Native Hawaiians] trace their ancestry to the ina (land), to the natural... |
2020 |
| Philip Lee |
A WALL OF HATE: EMINENT DOMAIN AND INTEREST-CONVERGENCE |
84 Brooklyn Law Review 421 (Winter, 2019) |
On day one, we will begin working on an impenetrable, physical, tall, powerful, beautiful southern border wall. --Donald Trump Donald Trump is no stranger to eminent domain. In the 1990s, Trump wanted land around Trump Plaza to build a limousine parking lot. Many of the private owners agreed to sell, but one elderly widow and two brothers who... |
2019 |
| |
CONSTITUTIONAL LAW--TERRITORIES--NINTH CIRCUIT HOLDS THAT GUAM'S PLEBISCITE LAW VIOLATES FIFTEENTH AMENDMENT-- DAVIS v. GUAM, 932 F.3D 822 (9TH CIR. 2019) |
133 Harvard Law Review 683 (December, 2019) |
The application of constitutional law to the permanently inhabited unincorporated United States territories carries tensions between measures meant to safeguard indigenous populations and constitutional rights for nonindigenous individuals. These tensions are salient in Guam and the Commonwealth of the Northern Mariana Islands (CNMI). The Ninth... |
2019 |
| Shakira D. Pleasant |
FISHER'S FOREWARNING: USING DATA TO NORMALIZE COLLEGE ADMISSIONS |
21 University of Pennsylvania Journal of Constitutional Law 813 (February, 2019) |
This Article presents a nuanced view of Fisher v. University of Texas that has largely been ignored in mainstream discourse in the case. In Fisher, Justice Anthony Kennedy cast the deciding vote to uphold the University of Texas (UT) race-conscious admissions policy. This was the first time that Justice Kennedy voted to uphold a race-conscious... |
2019 |
| Gerald P. López |
GROWING UP IN AUTHORITARIAN 1950S EAST LA |
66 UCLA Law Review 1532 (December, 2019) |
By the 1950s, the criminal justice system had long combined with other systems, institutions, and individuals to target all the residents of East LA-- particularly Mexicans--as criminals. In equating Mexicans with criminality, these networked forces and actors regarded and treated these residents as exceptions--as morally requiring and legally... |
2019 |
| Hokulani McKeague |
HOKULANI MCKEAGUE v. DEPARTMENT OF HAWAIIAN HOME LANDS: A CASE FOR THE UNCONSTITUTIONALITY OF BLOOD QUANTUM |
42 University of Hawaii Law Review 204 (Winter 2019) |
Section 209 of the Hawaiian Homes Commission Act requires a successor to a Department of Hawaiian Home Lands lease to have at least one-quarter Hawaiian blood. This article explores the unconstitutionality of blood quantum as it relates to section 209 and argues that it violates the Fifth and Fourteenth Amendments to the United States Constitution... |
2019 |
| Hikina Chock |
Lost in the Waves of Western Standards: Analyzing the Fundamental Right to a Hawaiian Immersion Education |
20 Asian-Pacific Law and Policy Journal 38 (January 21, 2019) |
I. Introduction. 38 II. History of the Hawaiian Language in the Education Setting. 42 III. Education on Lnai in General. 46 IV. A Fundamental Right to a Comprehensive Hawaiian Education. 49 V. Traditional and Customary Rights. 55 VI. State's Arguments Against Language as a Traditional and Customary Right. 62 VII. Equal Protection Argument. 63... |
2019 |
| Lorinda Riley, SJD |
Native Hawaiians and the New Frontier of the Indian Civil Rights Act |
26 Asian American Law Journal 168 (2019) |
Introduction. 168 I. The Impact of the Indian Civil Rights Act. 171 A. Born of Two-Policy Eras. 171 B. ICRA: The Good, the Bad, and the Ugly. 175 II. Native Hawaiian Sovereignty in the Modern Era. 180 A. From the Kingdom of Hawai'i to Annexation. 180 B. Federal Recognition: The Search for and the Obstacles to Overcome. 183 III. ICRA and Native... |
2019 |
| Alisa Smith, J.D., Ph.D. , Yanmei (Jennifer) Patella, M.S. |
RACE AND MISDEMEANOR COURT DISPOSITIONS: AN AGGREGATE STUDY OF THE "TIPPING POINT" |
22 Journal of Gender, Race and Justice 291 (Fall, 2019) |
This macro-level study of misdemeanor court disposition rates in Florida counties over a sixteen-year period lends some support to racial diversity (percentage reporting Black or African American and Some Other Race) as a perceived social threat, resulting in increased misdemeanor disposition rates. Using OLS linear regression and time series... |
2019 |
| Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills |
'RACE, RACISM, AND AMERICAN LAW': A SEMINAR FROM THE INDIGENOUS, BLACK, AND IMMIGRANT LEGAL PERSPECTIVES |
21 Scholar: St. Mary's Law Review on Race and Social Justice 1 (2019) |
Introduction. 2 I. Our Approach: Themes, Goals, and Collaboration. 9 A. Common Threads and Themes. 9 B. Self-Disclosure, Objectivity, and Reflective Practice. 12 C. Collaboration. 17 D. Lawyering Skills. 19 II. The Class: Objectives, Schedule, and Assessments. 20 III. How the Class Unfolded: Issues and Related Events. 26 IV. Lessons Learned. 28... |
2019 |
| Timothy Sandefur |
RECENT DEVELOPMENTS IN INDIAN CHILD WELFARE ACT LITIGATION: MOVING TOWARD EQUAL PROTECTION? |
23 Texas Review of Law and Politics 425 (Spring, 2019) |
Introduction. 426 I. Brackeen: ICWA as a Race-Based Statute and an Intrusion on State Autonomy. 427 A. How the ICWA Operates. 427 1. Racial or Political Lines?. 427 2. State Autonomy over Family Law. 434 B. The Brackeen Court finds the ICWA Unconstitutional. 441 II. Depriving Indian Parents of the Right to Choose What Is Best for their Children.... |
2019 |
| Bethany R. Berger |
SAVAGE EQUALITIES |
94 Washington Law Review 583 (June, 2019) |
Equality arguments are used today to attack policies furthering Native rights on many fronts, from tribal jurisdiction over non-Indian abusers to efforts to protect salmon populations in the Pacific Northwest. These attacks have gained strength from a modern movement challenging many claims by disadvantaged groups as unfair special... |
2019 |
| Nisha Bhakta |
A Clash Between Culture and Law: a Comparative Look at the Conflict Between Quiet Title Actions in Hawaii, the Kuleana Act of 1850, and the Displacement of Indigenous People |
49 California Western International Law Journal 137 (Fall, 2018) |
C1-2Table of Contents Introduction. 137 I. Land Law and Indigenous Rights. 139 A. History of Hawaiian Land Law. 139 1. Hawaiian Legislation. 140 2. Homelessness in Hawaii. 143 B. History of Australian Land Law. 147 1. Australian Legislation. 148 2. Homelessness in Australia. 151 a. Physical Homelessness. 152 b. Spiritual Homelessness. 154 II.... |
2018 |
| Susan K. Serrano |
A REPARATIVE JUSTICE APPROACH TO ASSESSING ANCESTRAL CLASSIFICATIONS AIMED AT COLONIZATION'S HARMS |
27 William & Mary Bill of Rights Journal 501 (December, 2018) |
Introduction. 501 I. Davis V. Guam in Legal-Political Context. 506 A. The Dismantling of Justice. 507 B. Rice v. Cayetano: Ancestry as Proxy for Race. 510 C. Davis v. Guam: Ancestry as Invidious Racial Purpose. 514 II. A Reparative Justice Approach to Remedying the Harms of Colonization. 518 A. Ancestry and Race as Key to Colonization. 519 B.... |
2018 |
| Troy J.H. Andrade |
AMERICAN OVERTHROW |
22-APR Hawaii Bar Journal 4 (April, 2018) |
The history of the overthrow of the Kingdom of Hawai'i is one with the intrigue of a modern political thriller--an insurrection supported by a large foreign military and led by a small group of men weary of the power that they were about to lose under the tenure of a new leader. It is a tale characterized by one American president as an act of... |
2018 |
| Ariel Rubissow Okamoto , Nate Seltenrich , Lisa Owens Viani , Jonathon Gurish |
Cherishing the Coast: California Goes Long |
10 Golden Gate University Environmental Law Journal L.J. 1 (Spring, 2018) |
Each Western state cherishes one relationship with the Pacific Ocean above all others. For Washington, it is the Pacific salmon returning to their natal creeks each year to spawn; for Hawaii it is the aina, the land they hold in a vast sea; and for California it is more than 1,000 miles of unusually undeveloped and scenic coastline. Each state's... |
2018 |
| John Rappaport |
CRIMINAL JUSTICE, INC. |
118 Columbia Law Review 2251 (December, 2018) |
In the past decade, major retailers nationwide have begun to employ a private, for-profit system to settle criminal disputes, extracting payment from shoplifting suspects in exchange for a promise not to call the police. This Article examines what retailers' decisions reveal about our public system of criminal justice and the concerns of the agents... |
2018 |
| Susan K. Serrano |
ELEVATING THE PERSPECTIVES OF U.S. TERRITORIAL PEOPLES: WHY THE INSULAR CASES SHOULD BE TAUGHT IN LAW SCHOOL |
21 Journal of Gender, Race and Justice 395 (Winter, 2018) |
I. Introduction. 395 II. The Insular Cases in Socio-Historical Context. 402 A. Downes v. Bidwell and the Doctrine of Territorial Incorporation. 404 B. Balzac v. Porto Rico and the Aftermath of the Insular Cases. 409 C. Ongoing Impacts of the Doctrine of Territorial Incorporation. 411 III. The Insular Cases in the Law School Curriculum: An Overview.... |
2018 |
| Lu'ukia Nakanelua |
N MO'O O KO'OLAU: THE WATER GUARDIANS OF KO'OLAU WEAVING AND WIELDING COLLECTIVE MEMORY IN THE WAR FOR EAST MAUI WATER |
41 University of Hawaii Law Review 189 (Winter 2018) |
I. INTRODUCTION. 190 II. WIELDING COLLECTIVE MEMORY AS A STRATEGIC TOOL IN SHAPING PUBLIC PERSPECTIVES AND PERCEPTIONS OF WATER IN HAWAI'I A. Understanding the Mo'o: Collective Memory as an Analytical Legal Framework.. 197 B. Collective Memory in Practice: Its Power and Implications for Justice Struggles in Hawai'i and Beyond. 201 III. WEAVING THE... |
2018 |
| Raisa D'Oyley |
OVERREPRESENTED AND UNDER THE RADAR: BLACK IMMIGRANTS IN LAW SCHOOL AND THE LEGAL PROFESSION |
10 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2018) |
Though black immigrants only represent less than nine percent of the population of blacks in America, they are overrepresented in colleges and universities, particularly at selective institutions. Researchers have not been able to conclusively determine the cause. Though unidentifiable, these factors will continue to influence representation in... |
2018 |
| Kevin Tongg |
POISONS IN OUR COMMUNITIES: ENVIRONMENTAL JUSTICE'S ROLE IN REGULATING HAWAI'I'S BIOTECHNOLOGY INDUSTRY |
40 University of Hawaii Law Review 155 (Summer, 2018) |
I. INTRODUCTION. 156 II. ANALYTICAL FRAMEWORK: ENVIRONMENTAL JUSTICE. 161 III. BACKGROUND: THE HISTORY OF HAWAI'I'S AGRICULTURE. 163 A. Western Contact. 163 B. The Rise of the Sugar Industry. 164 C. The Seed Industry Takes Root. 166 IV. LEGAL FRAMEWORK. 169 A. Kaua'i Ordinance 960. 169 B. Syngenta Seeds, Inc. v. Cty. of Kaua'i, No. 14-00014 BMK,... |
2018 |
| Joseph E. Kennedy , Isaac Unah , Kasi Wahlers |
SHARKS AND MINNOWS IN THE WAR ON DRUGS: A STUDY OF QUANTITY, RACE AND DRUG TYPE IN DRUG ARRESTS |
52 U.C. Davis Law Review 729 (December, 2018) |
Conventional wisdom has it that in the war on drugs you have to catch small fish in order to catch big fish. But what if the vast majority of drug arrests were for very small fish, and disproportionately brown ones at that? This Article is the first to conclusively establish that the war on drugs is being waged primarily against those possessing or... |
2018 |
| Alexander Tallchief Skibine |
THE SUPREME COURT'S LAST 30 YEARS OF FEDERAL INDIAN LAW: LOOKING FOR EQUILIBRIUM OR SUPREMACY? |
8 Columbia Journal of Race and Law 277 (2018) |
For 187 years, Indian nations status in the United States has not been fully developed or consistently approached within the law. They are viewed as Domestic Dependent Nations located within the geographical boundaries of the United States. Although Chief Justice John Marshall acknowledged that Indian nations had a certain amount of sovereignty,... |
2018 |
| Lane Kaiwi Opulauoho |
Trust Lands for the Native Hawaiian Nation: Lessons from Federal Indian Law Precedents |
43 American Indian Law Review 75 (2018) |
From time immemorial, Native Hawaiians, the aboriginal peoples who settled the isolated Hawaiian Archipelago surrounded by the vast Pacific Ocean, have lived and prospered. These peoples provided the foundation of a nation that exercised sovereignty over these islands. This jurisdiction has had several titles: first, the Hawaiian Kingdom, a... |
2018 |
| Troy J.H. Andrade |
(RE)RIGHTING HISTORY: DECONSTRUCTING THE COURT'S NARRATIVE OF HAWAI'I'S PAST |
39 University of Hawaii Law Review 631 (Summer, 2017) |
I. INTRODUCTION. 632 II. HISTORY'S COMPLEXITIES: THE JUDICIAL INCLUSION OF HISTORICAL ESSAYS. 634 A. The Supreme Court's Use of History. 634 B. Rise of the Historical Essay. 636 III. RIGHTING HISTORY: ANALYZING THE TWENTY-FIRST CENTURY NARRATIVE OF HAWAI'I'S PAST. 640 A. Erasing History. 640 B. Revising and Copying History. 657 C. Consequences of... |
2017 |
| Melody Kapilialoha MacKenzie , D. Kapua'ala Sproat |
A Collective Memory of Injustice: Reclaiming Hawai'i's Crown Lands Trust in Response to Judge James S. Burns |
39 University of Hawaii Law Review 481 (Summer, 2017) |
I ka lelo no ke ola, i ka lelo no ka make. Words can heal; words can destroy. I. INTRODUCTION. 482 II. COLLECTIVE MEMORY'S VITAL ROLE IN SHAPING THE PUBLIC'S UNDERSTANDING OF HISTORY AND NATIVE HAWAIIAN RIGHTS' CLAIMS. 487 A. Understanding Collective Memory. 487 B. Collective Memory's Power and Potential. 492 1. Collective memory's practical... |
2017 |
| Robert J. Morris (Kapā'ihiahilina), JD, PhD |
An Eight-strand Braided Cable: Hawaiian Tradition, Obergefell, and the Constitution Itself as "Dignity Clause" |
40 University of Hawaii Law Review Rev. 1 (Winter 2017) |
He ma'i nui ka hilahila. Shame is a great sickness. --Hawaiian Proverb We feel the very basic wrong of these statutes is that they rob the Negro race of their dignity, and fundamental in the concept of liberty in the Fourteenth Amendment is the dignity of the individual, because without that, there is no ordered liberty. --Oral Argument in Loving... |
2017 |
| Susan McCarter , Elisa Chinn-Gary , Louis A. Trosch, Jr. , Ahmed Toure , Abraham Alsaeedi , Jennifer Harrington |
BRINGING RACIAL JUSTICE TO THE COURTROOM AND COMMUNITY: RACE MATTERS FOR JUVENILE JUSTICE AND THE CHARLOTTE MODEL |
73 Washington and Lee Law Review Online 641 (March 29, 2017) |
This article describes regional institutional organizing efforts to bring racial justice to the Charlotte courts and community through a collaborative called Race Matters for Juvenile Justice (RMJJ). The authors explain community and institutional organizing in-depth using the example of minority overrepresentation in the juvenile justice system,... |
2017 |