Index to Law Review Articles on Native Hawaiian Law Center for Excellence in Native Hawaiian Law William S. Richardson School of Law University of Hawai‘i at Mānoa Lori Kidani 2007 TABLE OF CONTENTS AKAKA BILL........................................................................................................................................1 CULTURAL KNOWLEDGE AND PROPERTY .................................................................................3 LAND AND NATURAL RESOURCES ...............................................................................................4 NATIVE RIGHTS AND CLAIMS ........................................................................................................6 RICE v. CAYETANO ...............................................................................................................................9 SOVEREIGNTY AND SELF DETERMINATION ............................................................................11 AKAKA BILL Bennett, Mark J. “Testimony of Hawaii Attorney General Mark J. Bennett in Support of Passage of the Akaka Bill.” Hawaii Bar Journal (July 2006). Makes critical points in support of the Native Hawaiian Government Reorganization Act of 2005. Glendon, Crystal K. “A Political Solution for a Legacy Under Attack: The Akaka Bill’s Potential Effect on the Kamehameha Schools.” University of Hawai‘i Law Review 26 (Winter 2003): 69. Explores the potential effect of the Akaka Bill on Kamehameha Schools and analyzes the potential interaction between a Native Hawaiian government and Kamehameha Schools. Goodner, Lindsay. “The Potential Passage of Proposed Senate Bill 147 and Its Implication on Native Hawaiians and Gaming.” American Indian Law Review 31 (2006/2007): 111. Asserts that the Akaka Bill must pass for Native Hawaiians to be sovereign and self-governing. Addresses the fears of those who oppose the Akaka Bill because its passage would lead to gaming in Hawaii. Describes the rise of Indian gaming operations and analyzes how sovereign status provides a loophole, which Indians have used to institute gaming and which Native Hawaiians could likely make use of as well. Igasaki, Paul M. “ABA Resolution and Report on the Akaka Bill.” Hawaii Bar Journal (July 2006). Supports the extension of federal policies of self-determination and self-governance for America’s native and indigenous people to include Native Hawaiians. Kanehe, Le‘a Malia. “The Akaka Bill: The Native Hawaiians’ Race for Federal Recognition.” University of Hawai‘i Law Review 23 (Summer 2001): 857. Provides a basic contextual background of Hawaiian history, legislation and case law leading to the Akaka Bill. Examines public controversy in Hawaii surrounding federal recognition of a Native Hawaiian government. Liermann, Annmarie M. “Seeking Sovereignty: The Akaka Bill and the Case for the Inclusion of Hawaiians in Federal Native American Policy.” Santa Clara Law Review 41 (2001): 509. Explains the legal justifications for including Hawaiians in federal Native American policy and responds to activists who prefer that Hawaiians seek complete independence from the United States. Lindsey, R. Hokulei. “Akaka Bill: Native Hawaiians, Legal Realities, and Politics as Usual.” University of Hawai‘i Law Review 24 (Summer 2002): 693. Argues that a government-to-government relationship with the United States will benefit the Native Hawaiians but will not settle their international claims against the U.S. 1 Sullivan, Paul M. “Recognizing” the Fifth Leg: The “Akaka Bill” Proposal to Create a Native Hawaiian Government in the Wake of Rice v. Cayetano .” University of Hawaii Asian-Pacific Law & Policy Journal 3 (July 2002): 4. Examines constitutional issues of the Akaka Bill and concludes that it would be unlikely to survive a constitutional challenge. Sullivan, Paul M. “Seeking Better Balance: A Proposal for Reconsideration of the 2006 ABA Resolution on the Akaka Bill.” Hawaii Bar Journal (July 2006). Outlines the background of the Akaka Bill and summarizes the three most important points made by the Report in support of the bill. 2 CULTURAL KNOWLEDGE AND PROPERTY Conway-Jones, Danielle. “Safeguarding Hawaiian Traditional Knowledge and Cultural Heritage: Supporting the Right to Self-Determination and Preventing the Comodification of Culture.” Howard Law Journal 48 (Winter 2005): 737. “Expresses a non-Hawaiian’s observation that protection of Hawaiian traditional knowledge and cultural heritage has to emanate from a sui generis system originating with Native Hawaiians, not from Western intellectual property laws that promote the ‘commodification of culture,’ one of many remnants of colonization” (p. 739). Kupau, Summer. “Judicial Enforcement of ‘Official’ Indigenous Languages: A Comparative Analysis of the Maori and Hawaiian Struggles for Cultural Language Rights.” University of Hawai‘i Law Review 26 (Summer 2004): 495. Examines the legal status of indigenous language in New Zealand and Hawai‘i and the courts’ perception of language as an individual right. Justifies judicial enforcement of the Hawaiian language to make it truly official and fulfill Hawaii’s duty to encourage use of the language. Lindsey, R. Hokulei. “Responsibility with Accountability: The Birth of a Strategy to Protect Kanaka Maoli Traditional Knowledge.” Howard Law Journal 48 (Winter 2005): 763. Maps cases of misappropriation of Kanaka Maoli traditional knowledge. Examines the significance of the Paoakalani Declaration and the role it occupies in engaging in the issue and articulating the rights surrounding the protection and use of Kanaka Maoli traditional knowledge. Moriwake, Isaac. “Critical Excavations: Law, Narrative, and the Debate on Native American and Hawaiian ‘Cultural Property’ Repatriation.” University of Hawai‘i Law Review 20 (Summer/Fall 1998): 261. Examines the legal debate over repatriation of Native “cultural property” through the ki‘i la‘au dispute. Singeo, Lindsey. “The Patentability of the Native Hawaiian Genome.” American Journal of Law & Medicine 33 (2007): 119. Examines the proposed patenting of the Native Hawaiian genome for the purpose of economic and health related benefits for the Native Hawaiian people. 3 LAND AND NATURAL RESOURCES Banner, Stuart. “Preparing to Be Colonized: Land Tenure and Legal Strategy in Nineteenth-Century Hawaii.” Law and Society Review 39 (June 2005): 273. Argues that the Mahele was an intelligent response on the part of the Hawaiian elite to the prospect that Hawaii would soon be colonized. Examines the concept of private property as a way to prevent lands from being dispossessed. Ede, Keala C. “He Kanawai Pono no ka Wai (A Just Law for Water): The Application and Implications of the Public Trust Doctrine in In Re Water Use Permit Applications .” Ecology Law Quarterly 29 (2002): 283. Discusses the Public Trust Doctrine in Hawaii and the Waiahole decision. Garovoy, Jocelyn B. ‘Ua Koe ke Kuleana o na Kanaka’ (Reserving the Rights of Native Tenants): Integrating Kuleana Rights and Land Trust Priorities in Hawaii.” The Harvard Environmental Law Review 29 (2005): 523. Identifies the legal rights of kuleana holders and considers how these rights interact with the general priorities of Hawaii based land trusts. Hlawati, Ian H. “Loko I‘a: A Legal Guide to the Restoration of Native Hawaiian Fishponds Within the Western Paradigm.” University of Hawai‘i Law Review 24 (Summer 2002): 657. Uses case law to catalog and anticipate legal issues as they may arise in relation to the restoration of the ancient Hawaiian fishpond. Jarman, M. Casey, and Robert R.M. Verchick. “Balancing Private and Cultural Property Rights Under Hawai‘i Law.” The Scholar: St. Mary’s Law Review on Minority Issues 5 (Spring 2003): 201. Examines the development of land use law that governs the rights of native Hawaiians to access private and public lands to carry on traditional practices. Kam, Sarah K. “Biopiracy in Paradise?: Fulfilling the Legal Duty to Regulate Bioprospecting in Hawai‘i.” University of Hawai‘i Law Review 28 (Summer 2006): 387. Demonstrates that bioprospecting in Hawaii will continue to increase and asserts that the State of Hawaii has a legal duty to regulate the bioprospecting of public natural resources. Addresses key issues that the Hawaii State Legislature must consider in creating a viable solution. Kumabe, Brooke. “Protecting Hawai‘i’s Fisheries: Creating an Effective Regulatory Scheme to Sustain Hawai‘i’s Fish Stocks.” University of Hawai‘i Law Review 29 (Winter 2006): 243. 4 Examines Hawaii’s current regulatory scheme for managing fisheries. Identifies factors that contribute to Hawaii’s declining fish population. Examines native Hawaiian practices and principles along with the State’s jurisdiction and constitutional duties. Liu, Shaunda A.K. “Native Hawaiian Homestead Water Reservation Rights: Providing Good Living Conditions for Native Hawaiian Homesteaders.” University of Hawai‘i Law Review 25 (Winter 2002): 85. Argues that Hawaiian Home Land beneficiaries have a constitutional right to a water reservation for current and foreseeable needs. Also asserts that a failure to ensure a water reservation breaches the State of Hawaii’s fiduciary duty to native Hawaiian homesteaders. MackKenzie, Melody K. “The Ceded Lands Trust.” Hawaii Bar Journal (June 2000). Examines the background of the trust and defines the trust lands and revenue. Also analyzes OHA’s revenue entitlement and the alienation of ceded lands. Sproat, D. Kapua. “The Backlash Against PASH : Legislative Attempts to Restrict Native Hawaiian Rights.” University