Hawaii
Dive into the archives.
- The Papahānaumokuākea Precedent: Ecosystem-scale Marine Protected Areas in the EEZ by Alison Rieser
In 2006, the United States designated by presidential proclamation a 362,073 square kilometers protected area around the Northwestern Hawaiian Islands, a remote chain of coral atolls, reefs, and islands extending 1200 miles seaward of the U.S.’s fiftieth state. A subsequent proclamation renamed the area Papahānaumokuākea Marine National Monument to reflect the area’s cultural and spiritual [...]
- We Are Who We Thought We Were: Congress’ Authority to Recognize a Native Hawaiian Polity United by Common Descent by Derek H. Kauanoe and Breann Swann Nuʻuhiwa
In an attempt to fulfill the federal government’s moral imperative, the United States Congress has spent more than a decade considering several proposed versions of the Native Hawaiian Government Reorganization Act (colloquially referred to as the “Akaka Bill”), which seeks to restore a small measure of Native Hawaiian self-governing authority by providing a process for [...]
- The Indivisible ‘Ohana: Extending Native Hawaiian Gathering Rights to Non-Hawaiian Family Members by Ryan Kananiokahome Poiekeala Kanaka‘ole
In Hawai‘i, the right to access both government and privately owned lands for traditional and customary Native Hawaiian subsistence, cultural, and religious purposes is constitutionally protected. These constitutionally protected traditional and customary rights are essential to preserving the indigenous Native Hawaiian culture and maintaining Native Hawaiian identity. In a seminal gathering rights case, Public Access Shoreline [...]
- How to Remedy the NAGPRA’s Unintended Effect on Hawai’i after Brown v. Hawaii by Jeannin-Melissa Kapuakawekiu Russo
This note will discuss the repercussions of the Brown v. Hawaiʻi decision, which classified the State Historic Preservation Division (SHPD), a Hawaiʻi state agency, as a “museum” under the Native American Graves Protection and Repatriation Act (NAGPRA). The court in Brown required SHPD to follow the repatriation process imposed upon museums by NAGPRA. Some have argued [...]
- ADR in Hawai‘i Courts: The Role of Restorative Justice Mediators by Lyle Keanini
Restorative Justice (“RJ”) is a movement that is receiving a great deal of attention throughout juvenile and criminal justice systems across the globe. Hawai‘i has endorsed this movement and has implemented the Pono Kaulike program as an Alternative Dispute Resolution (“ADR”) process at the District Court level. With the help of trained mediators, the Pono [...]
