IN THIS ISSUE
DIRECTOR’S COLUMN by Melody Kapilialoha MacKenzie
Welina nui ‘oukou e nā hoa makamaka,Welcome to the first issue of Ka He‘e, the e-newsletter of the Center for Excellence in Native Hawaiian Law at the William S. Richardson School of Law, University of Hawai‘i at Mānoa.
Why name our e-newsletter Ka He‘e – The Octopus? Last year, in working on a commentary for a symposium on Protecting Indigenous Identities: Struggles & Strategies Under International & Comparative Law sponsored by the Asian Pacific Law & Policy Journal, I sought to find an appropriate Hawaiian proverb or wise saying that describes the law. After fruitlessly searching through ‘Ōlelo No‘eau, Mary Kawena Pukui’s collection of Hawaiian proverbs, I happened upon a woodblock print of a he‘e and, in one of those “aha” moments, realized that the law and the he‘e have much in common. Hawaiians call the he‘e, "Ka i‘a mana nui," the fish of many divided parts. Like the law, the he‘e is many faceted and complicated. The he‘e changes color and camouflages itself. It can melt into the background; it is malleable. And of course, the he‘e is most famous for its ability to squirt protective ink, obfuscating what should be clear and apparent. Illustrating this point is another Hawaiian proverb - "Pupuhi ka he‘e o kai uli." Literally translated as, “the octopus of the deep spews its ink,” it means “the octopus escapes from its foes by spewing its ink and darkening the waters.” In short, the he‘e is slippery, crafty, and can easily deceive.
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MESSAGE FROM THE DIRECTOR OF EDUCATIONAL DEVELOPMENT: THE IMPORTANCE OF RESEARCH AND SCHOLARSHIP IN NATIVE HAWAIIAN LAW
by Susan K. Serrano
Welcome to the first issue of Ka He‘e! Ka He‘e is an integral part of the Center’s effort to increase knowledge and understanding of the unique aspects of Native Hawaiian law. As part of my position as Director of Educational Development, I work with students and recent graduates to facilitate and support the Center’s research, scholarly writing, and discourse on laws and policies affecting Hawaiians. We seek to provide a vehicle for academics, students, attorneys, advocates and community members to work creatively together to develop coordinated and carefully thought out research on and approaches to Native Hawaiian law.
Ninth Circuit Court of Appeals Decision in Doe v. Kamehameha Schools
NATIVE HAWAIIAN LAW SUMMARIES: RECENT CASES
by Tia Blankenfeld, Derek Kauanoe, Malina Koani-GuzmanThe Center for Excellence in Native Hawaiian Law focuses on education and legal scholarship, community outreach, and the preservation of invaluable historical, legal, traditional, and customary materials. It also offers new courses and supports Native Hawaiian law students as they pursue legal careers and various leadership roles. One of the Center’s important objectives is to engage in discourse with the Hawaiian community about legal issues that affect their lives. As part of this objective, the Center is providing brief summaries of selected state and federal court decisions that impact Native Hawaiians. This issue of Ka He‘e includes summaries of Kalima v. State, Day v. Apoliona, and Kelly v. 1250 Oceanside Partners.
NATIVE HAWAIIAN LAW SUMMARIES: SELECTED RECENT LAW REVIEW ARTICLES
by Susan Serrano, Director of Educational Development
Tia Blankenfeld
Derek KauanoeThe Center for Excellence in Native Hawaiian Law is committed to exploring and critically examining the many significant and pressing issues facing Native Hawaiians. This includes examining new theories and practical arguments being developed by legal and Indigenous scholars in law reviews and journals. In order to provide lawyers, community members, students, advocates and legal scholars with helpful tools and critical analyses of Native Hawaiian law, the Center is providing below brief summaries of selected recent law review articles on legal issues facing Hawai‘i’s indigenous peoples. This issue of Ka He‘e summarizes law review articles on Doe v. Kamehameha Schools, voting and citizenship in the Kingdom of Hawai‘i, as well as conceptual frameworks to understand Hawaiian sovereignty. This is the first in a regular series of columns summarizing scholarship on Native Hawaiian law.
COMMUNITY OUTREACH UPDATE: SHARING NATIVE HAWAIIAN LAW WITH HIGH SCHOOL AND COLLEGE STUDENTS by Kelli Keahiahi Lee
Welina Mai! I am Kelli Keahiahi Lee and I have been recently hired to serve as the Community Outreach Coordinator for the Center for Excellence in Native Hawaiian Law. It is our goal here at the Center to assist the Hawaiian community in understanding the legal system and the complexities of the lawsuits that continue to impact Native Hawaiian rights. As Community Outreach Coordinator, it is my job to see that this goal is realized through educational workshops and seminars.
LIBRARY AND ARCHIVES UPDATE: INCREASING ACCESS TO NATIVE HAWAIIAN LEGAL MATERIALS by Lori Kidani
One of the goals of the Center for Excellence in Native Hawaiian Law is to increase access to Native Hawaiian legal materials. Thus, the William S. Richardson School of Law Library has begun to strengthen its focus on Native Hawaiian legal resources. One way the Law Library has been increasing access to these materials is by acquiring more titles, both old and new. The library is in the process of acquiring a variety of materials such as Congressional documents regarding Hawai‘i in the mid to late 1800s, books that examine annexation and independence, and books that examine the monarchy period in Hawai‘i.
SAVE THE DATES! UPCOMING CONFERENCES AND WORKSHOPS
The Center for Excellence in Native Hawaiian Law recognizes the importance of discourse between the legal community and the Native Hawaiian community. Law students and faculty—through workshops, symposia, and community meetings—inform and educate, and are educated and informed by, the Native Hawaiian community about significant legal issues stemming from Native Hawaiian history and law. Please save the dates and join us for this upcoming event!
THE UNITED STATES CONSTITUTION AND NATIVE HAWAIIAN RIGHTS
Remarks by Kelli Keahiahi Lee, Community Outreach Fellow, Sept. 18, 2006, Leeward Community College Constitution Day
Good afternoon. I’m very happy to be here with you today and am honored to be discussing an important and controversial topic of how the United States Constitution has impacted Native Hawaiian rights. Before we start, I’d just like to thank all of you here at Leeward Community College for allowing the me to join you today, and I’d especially like to thank Professor Melody MacKenzie, Director of the Center for Excellence in Native Hawaiian Law, for giving me this opportunity to speak in front of you. My goal, in presenting this speech, is not simply to conduct a lecture, but to engage you in discussion where we consider Constitutional law and Hawaiian rights from a different perspective—a perspective that not only looks at the laws themselves, but looks at the effects of these laws on Native Hawaiians as they are interpreted and implemented. I will be covering the basics today—the basics of Constitutional law and basics of Hawaiian history. We will end our discussion at the intersection of these two topics by critically analyzing the concept of “equality.”
WHAT’S NEW AT THE CENTER? FACULTY, STAFF, AND BOARD NEWS
by Susan K. Serrano, Director of Educational Development
Staff, Fellows and Students
The Center for Excellence in Native Hawaiian Law is pleased to welcome its first Post-Juris Doctor Research Fellows, Iokona Baker (’06 JD), Le‘a Kanehe (’01 JD) and Trisha Kehaulani Watson (’03 JD). The Center’s Research Fellowship Program, launched in July 2006, enables recent law graduates to undertake cutting-edge research and to publish works through the Center for use by Native Hawaiian communities, scholars, and the public. Iokona Baker’s project centers on the Indian Child Welfare Act and assesses its possible use as a model for legislation to prevent the unwarranted removal of Native Hawaiian children from their families. Trisha Kehaulani Watson’s project focuses on capacity building and leadership development for Native Hawaiian non-profit organizations. Le‘a Kanehe’s project addresses the protection of Native Hawaiian genetic resources and indigenous knowledge.
OTHER NEWS FROM THE CENTER…
Announcing the Pacific-Asian Legal Studies Certificate Specialty in Native Hawaiian Law
The Pacific-Asian Legal Studies program and the Center for Excellence in Native Hawaiian Law are pleased to announce the new Pacific-Asian Legal Studies (PALS) Certificate Specialty in Native Hawaiian Law! Beginning in Spring 2007, students will be able to receive a PALS certificate with a specialization in Native Hawaiian Law. Requirements for the specialty in Native Hawaiian Law track many of the PALS requirements, although there are differences. Briefly, the specialty requirements include:
The Center for Excellence in Native Hawaiian Law Applauds the Recent Ninth Circuit Court of Appeals Decision in Doe v. Kamehameha Schools
The Center for Excellence in Native Hawaiian Law applauds the Ninth Circuit Court of Appeals December 5, 2006 en banc decision upholding Kamehameha Schools’ admissions policy favoring Hawaiian children.
A majority (8-7) of a 15-judge panel reversed the court’s earlier 3-judge panel decision that Kamehameha Schools’ policy was unlawful racial discrimination under 42 U.S.C. Section 1981, a Reconstruction-era statute designed to remedy discrimination against African Americans.
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