2001 Symposium on
ÒManaging HawaiÔiÕs
Public Trust DoctrineÓ
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UH
Law Review
UH Env. Law Program
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Overview:
The
landmark August 2000 decision of the HawaiÔi Supreme Court in the Waiahole
contested case hearing represented a dramatic paradigm shift in how water
allocation decisions are made is required in order to find the wisest
long-term course through this legal and policy thicket into the twenty-first
century. The public trust
doctrine directs us to engage ourselves in a new constructive public-private
dialogue about the collective responsibilities that inhere in any water
right, instead of engaging in intractable legal warfare over conflicting
water Òrights.Ó To
facilitate a vital and necessary dialogue regarding the Public Trust
doctrine, this web page features the proceedings of the 2001 Symposium on
ÒManaging HawaiÔiÕs Public Trust Doctrine.Ó The 2002 Symposium, recently held in a Òpacked auditoriumÓ
on the University of HawaiÔi campus, arose out of the August 2000 decision by
the Hawai`i Supreme Court.
Co-sponsored by eleven HawaiÔi governmental agencies and public
organizations, the Symposium attracted scholars, policy makers, managers,
landowners, and community members from across the State. Their common interest was the quest
to learn more about the modern water law public trust doctrine, to understand
the contours of the HawaiÔi Supreme CourtÕs adaptation of that doctrine to
HawaiÔi water and natural resources law in the Waiahole decision, and
to participate in a constructive dialogue on the real world application of
the doctrine. Resources: The following links are resources related to the Waiahole
decision and the Public Trust Doctrine in general. Please feel free to use them, however, do not distribute
them commercially without permission from the individual author or the UH Law
Review. |
Foreword
(PDF-file) |
The Foreword to the 201
Symposium, ÒManaging Hawai`iÕs Public Trust Doctrine. Written by Professor Denise Antolini,
the foreword gives a synopsis of the Symposium and the Waiahole
decision. If you are searching
for a specific speaker or topic, you might look at this foreword first.
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Edited
Transcripts
(PDF-File) |
The edited transcripts, which
were published in the Fall 2001 edition of the UH Law Review. Missing are the question and answer
sections and a small portion of Jan Stevens discussion of the Mono Lake
case.
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Unedited Transcripts
(PDF-File) |
The following is the raw, unedited
version of the symposium as transcribed by the court reporter. This version should be used only if
one is searching for either the question and answer sections or Jan StevenÕs
full discussion.
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