Native Hawaiian Rights

The purpose of this course is to examine the status and evolution of the rights of Native Hawaiians to land and resources. Areas of study include the relationship of the rights to possession and use of the land vested in the Monarchy, the chiefs, and native tenants prior to the imposition of a Western legal system defining land tenure; the effect of the Māhele of 1848; the ceded lands trust; the Hawaiian Homes Commission Act; and the potential for utilizing native rights based on statute, custom, and use to fashion new and expanded rights to land and its usufructs. The course also examines legal challenges to programs and benefits for Native Hawaiians and the potential for changes in the relationship with the federal and state governments.

Native Hawaiian Rights Clinic

Students in this clinic work under the direct supervision of a Native Hawaiian Rights specialist providing legal services to actual clients. Each semester, the clinic focuses on one or two major cases involving issues such as traditional and customary rights, the ceded lands trust, the Hawaiian Home Lands trust, and water rights. Students will aid attorneys in identifying and researching significant issues, gathering evidence, interviewing clients, and drafting pleadings.

Federal Indian Law

This course is designed to educate students in the general principles of Federal Indian law. It differs from the traditional Indian Law courses by giving special attention to those aspects of Federal Indian Law that are directly analogous to current issues in Native Hawaiian rights law. The course examines the constitutional constraints on the federal government's recognition of Native groups, especially in relation to pending constitutional challenges to federal and state programs for Native Hawaiians, and reviews recent developments and possible future trends in Federal Indian Law that may affect Native Hawaiian self-governance and potential agreements with the state and federal governments over lands and resources.

Advanced Legal Studies - Native Hawaiian Law-Selected Topics

This course allows students to examine a significant Native Hawaiian legal issue from different perspectives - including an historical view, a constitutional and legal perspective, a cultural-sociological perspective, and a comparative analysis with Native American and other indigenous groups. This focused and concentrated study will allow students to comprehend the complex background, history, and legal implications surrounding an issue of importance to the Native Hawaiian community.  Possible issues include:  examining the evolution and practical effects resulting from the various definitions of "Native Hawaiian"; examining how indigenous peoples hold title to their lands; or evaluating the protection for ancestral bones and funerary objects under federal and state law. As part of their coursework, students will be required to research and produce short papers analyzing the chosen issue and synthesize their research for presentation at community meetings.