SELECTED FACULTY SCHOLARSHIP

The School of Law's Environmental Law Program core faculty are nationally and internationally recognized for their expertise. They actively participate as scholars, advocates, consultants, and decisionmakers on significant environmental issues locally, nationally, and internationally. This page features just some of the exciting scholarship the ELP faculty have published:

Professor Jon M. Van Dyke
"Northeast Asian Seas -- Conflicts, Accomplishments, and the Role of the United States": As a POSCO Fellow at the East-West Center of the University of Hawai'i, Professor Van Dyke prepared this paper and presented it at a meeting sponsored by the Republic of Korea Navy in Seoul in August 2001. This paper will be published in the International Journal of Marine and Coastal Law. A PDF version of this paper is also available for your viewing.

"The Legal Regime Governing Sea Transport of Ultrahazardous Radioactive Materials": This article was originally presented at the SEAPOL Conference in Bangkok, Thailand in March 2001 and has since been published in Ocean Development & International Law, 33:77-108 (2002). Drawing on earlier writings undertaken with Duncan E.J. Currie, LL.B (Hons.), LL.M., barrister, this article presents options for coastal and island nations to consider in order to deal with the risks created by shipments of ultrahazardous materials.

"Sharing Ocean Resources - In a Time of Scarcity and Selfishness": This paper was presented to an international conference at the University of California, Berkeley in November 1998 and has been published as the lead article in The Law of the Sea: The Common Heritage and Emerging Challenges (The Hague, Martinus Nijhoff Publishers, Harry N. Scheiber, ed., 2000). This paper surveys the progress made in protecting the ocean's resources, and explains the challenges that remain.

Professor Van Dyke has served on the faculty since 1976, teaching constitutional law, international law, international ocean law, and international human rights. He has authored and edited numerous books, including International Law and Litigation in the U.S. and Freedom for the Seas in the 21st Century, which earned the Harold and Margaret Sprout Award as the best book on environmental policy for 1994 from the International Studies Association.

Professor David L. Callies
Professor Callies joined the faculty in 1978 after a decade of experience adjunct teaching and in private practice counseling local, state, and national government agencies in land use management and control, transportation policy, and intergovernmental relations. He currently holds the Benjamin A. Kudo Chair of Law and teaches property law, land use management and control, and state and local government law. Professor Callies has authored and collaborated on numerous publications, including: Preserving Paradise: Why Regulation Won’t Work; Regulating Paradise: Land Use Controls in Hawai‘i; The Quiet Revolution in Land Use Control; The Taking Issue; Cases and Materials on Land Use (3d ed.); Property Law and the Public Interest; Takings (editor); Land Use and Environmental Law Review (co-editor), and Land Use and Compulsory Purchase in the Asia-Pacific (co-editor). He has lectured on land use and property law in the Pacific Islands, Asia, Europe, and Australia, and surveyed land and environmental laws in several countries ranging from the Pacific Islands to Canada to South America. In 2000, Professor Callies was conferred the honor of lifetime member of Clare Hall, Cambridge University, where he was a visiting scholar.

Professor M. Casey Jarman
Making Your Voice Count is a workbook published in 2001 as a companion to Profesor Jarman's video “Presenting Your Case: Highlights of an Agency Hearing.” Together, the workbook and video provide two powerful tools to citizens interested in representing themselves or community groups in a quasi-judicial (contested case) hearing before an administrative agency in Hawai'i.

Kupa`a Ma Hope O Ka `Aina: A Workbook for Environmental Justice for Native Hawaiians - Posting of Publication Pending! This workbook, the first of a two book set, discusses the major environmental laws that affect Hawaiians and provides guidance for Hawaiian communities who want to participate in Hawai`i's decision-making processes. Co-authored with Mia S. Oana and Kekailoa Perry, this workbook consists of ten chapters, each discussing a particular law, including the Hawai`i Administrative Procedure Act and laws designed to protect public health and the environment from pollution.

E Alu Like Mai i Ka Pono: Coming Together For Justice: This is the second workbook of a two book set intended to assist Kanaka Maoli (native Hawaiian) individuals and communities in their endeavors to exercise greater self-determination over matters within their own homeland. Co-edited with Moses Kalei Nahonoapi`ilani Haia, Joyce E. McCarty, and Elizabeth Ann Ho`oipokalaena`auaookalani, this workbook covers a variety of issues related to the State of Hawai`i's social and political decision-making processes.

Professor Jarman joined the School of Law faculty in 1987. She is the founder and Co-Director of the ELP. She teaches environmental law, administrative law, domestic ocean and coastal law, and topics in environmental law. In the fall of 2002, Professor Jarman will be teaching Introduction to Law and American Government courses at the University of Hawai'i at Hilo. Professor Jarman is co-editor of two books designed to empower native Hawaiian communities to more effectively participate in state environmental decisionmaking. She has also produced a video, CD, and workbook on lawyering skills for community members who represent themselves at quasi-judicial hearings of administrative agencies.

Professor Denise E. Antolini
In 2002, Ecology Law Quarterly published an article by ELP Co-Director entitled "Modernizing Public Nuisance: Solving the Paradox of the Special Injury Rule." The article discusses the legal history and jurisprudence of the special injury rule and places Hawai'i's liberal interpretation of this rule into a broad national context. The article also reviews the lively debates in the American Law Institute, analyzes the contributions to this issue by tort law giants William Prosser and John Wade, and proposes a new approach that solves the paradox of the rule.

Professor Antolini also published a Foreword to the the proceedings of the 2001 Symposium on Managing Hawai'i's Public Trust Doctrine, a conference held at the University of Hawai'i in October 2001. Professor Antolini served as Co-Chair for the Symposium and as Proceedings Editor. The Symposium featured leading public trust doctrine experts Professor Joseph Sax (Boalt Hall School of Law, University of Califiorina at Berkeley) and Jan Stevens (Assistant Attorney General State of California, retired). The Hawai'i Law Review website provides a full version of the Symposium proceedings at http://www.hawaii.edu/uhreview/publictrust.htm

Professor Antolini joined the faculty in 1996 and was recently appointed Co-Director of the ELP. She teaches torts, environmental law, environmental litigation, and legal writing.

 

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