ISSUE 2 - MAY
2007
IN THIS ISSUE

Director's Column


DIRECTOR’S COLUMN: HONORING CHIEF JUSTICE WILLIAM S. RICHARDSON
by Melody Kapilialoha MacKenzie Director


Welina nui ‘oukou e nā hoa makamaka,

In Hawaiian, admiration for a wise person is expressed in the phrase, “ka lama kū o ka no‘eau,” literally meaning “the standing torch of wisdom.” This is indeed a fitting description of former Hawai‘i Supreme Court Chief Justice William S. Richardson. Recently, the American Bar Association presented its national Spirit of Excellence Award to CJ Richardson. Here at the Law School that bears his name and especially for those of us who have benefited from his decisions – both in his role as a jurist and as a wise mentor and leader – we take special pleasure in this national recognition of our own CJ Richardson.

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MESSAGE FROM THE DIRECTOR OF EDUCATIONAL DEVELOPMENT: NEW STAFF PUBLICATIONS ON NATIVE HAWAIIAN "RESTORATIVE JUSTICE"
by Susan K. Serrano Director of Educational Development


The Center for Excellence in Native Hawaiian Law is pleased to announce two publications by Center staff, broadly addressing issues of restorative justice for Native Hawaiians.

The first article, Environmental Justice for Indigenous Hawaiians: Reclaiming Land and Resources, was recently published by Melody Kapilialoha MacKenzie, the Center’s Director; Susan Serrano, the Center’s Director of Educational Development; and recent UH law graduate Koalani Kaulukukui, in the American Bar Association Section of Environment, Energy, and Resources publication, NATURAL RESOURCES & ENVIRONMENT, Vol. 21, No. 3, Winter 2007.

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Message from the Director of Educational Development
Native Hawaiian Law Summaries: Recent Cases
Indigenous Law Summaries: Selected Law Review Articles
Community Outreach Update
Archives Update
Library Update
Conference & Workshop Update
Cultural Self-Determination for Hawaiians
What's New at the Center Faculty Staff and Board News
News from the ‘Ahahui o Hawai‘i Law Student Organization
First students to receive PALS certificate in Native Hawaiian Law


NATIVE HAWAIIAN LAW SUMMARIES: RECENT CASES
by Carl Christensen Visiting Assistant Professor
Tia Blankenfeld
3L Derek Kauanoe 3L Malina Koani-Guzman 3L

The Center for Excellence in Native Hawaiian Law promotes discourse between the legal community, the Native Hawaiian community, and the community at large. To further this goal, 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 Doe v. Kamehameha Schools, Wailuku Agribusiness Co., Inc. v. Ah Sam, Reece v. Island Treasures Art Gallery, Inc., Arakaki v. Lingle, and Diamond v. State.

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INDIGENOUS LAW SUMMARIES: SELECTED LAW REVIEW ARTICLES
by Susan Serrano Director of Educational Development
Tia Blankenfeld 3L
Malina Koani-Guzman
3L

The 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 exploring new theories and practical arguments being developed by legal and Indigenous scholars in law reviews and journals.

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COMMUNITY OUTREACH UPDATE: ONGOING COLLABORATIONS WITH NATIVE HAWAIIAN HIGH SCHOOL STUDENTS
by Kelli Keahiahi Lee

Welina mai kākou! Since our last newsletter, much has happened in our Community Outreach Program. In our last update, we were preparing for Super High Day, a Nā Pua No‘eau program that provides Native Hawaiian students from across the state with an opportunity to learn about professional fields of their interest. The Center was originally asked to assist with Super High Day by conducting one workshop on the law and Native Hawaiian issues, but ended up leading two! A second workshop was scheduled after a 6.7 magnitude earthquake struck off of Hawai‘i’s Kona coast on October 15, 2006, and thwarted travel for many neighbor island students. Nā Pua No‘eau’s committed staff did not want neighbor island students to miss Super High Day, and added a second session on O‘ahu in November. The Center was happy to help with this effort.

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ARCHIVES UPDATE: HUNTING WITH THE HE‘E: DELVING ARCHIVAL DEPTHS FOR DIGITIZATION
by Leina‘ala Seeger Associate Professor of Law and Law Library Director

Gathering contemporary and historical legal and law-related resources for the Center’s collection and archives has much in common with the he‘e’s hunt for nourishment and sustenance. Proverb 1369 in Puku‘i’s ‘Olelo No‘eau refers to the he‘e as “ka i‘a mana nui, the fish of many divided parts.” Of the eight arms of the Center’s research agenda, none is quite as exciting as the initiative to create a digital archive of materials of interest to the Center, and to make them widely available to the community at large through the Center’s website.

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LIBRARY UPDATE: ANNOUNCING NEW BROCHURE ON INDIGENOUS LAW RESOURCES
by Lori Kidani Library Research Fellow

The Center for Excellence in Native Hawaiian Law is pleased to announce the release of a new brochure on Indigenous Legal Resources. The brochure provides an easily-accessible listing of Indigenous legal materials available at the William S. Richardson School of Law Library, and is available on the Center’s website.

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CONFERENCE AND WORKSHOP UPDATE

The Center recognizes the importance of discourse between the legal community, the Native Hawaiian community, and the community at large. Law students and faculty—through workshops, symposia, and meetings—inform and educate, and are educated and informed by, the community about significant legal issues regarding Native Hawaiians and their history and law.

This year, the Center and its staff have been involved in a number of exciting and informative conferences and workshops.

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CULTURAL SELF-DETERMINATION FOR NATIVE HAWAIIANS

Remarks by Iokona Baker Post-J.D. Research Fellow
March 21, 2007
Panel on Scholar-Advocacy: Fashioning New Remedies for Injustice, Thelton E. Henderson Center for Social Justice, Boalt Hall School of Law, Berkeley, CA

Aloha and good afternoon. First, mahalo and thank you to those who have worked so hard to put this event together. Also, and importantly, my thanks to each of you for taking the time out of your busy lives to be with us today. It is an absolute honor for me to be here as an emerging scholar advocate, with you, scholar advocates in Berkeley, on an issue that is dear to my heart and to my people: justice for Native Hawaiians...

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WHAT’S NEW AT THE CENTER? FACULTY, STAFF, AND BOARD NEWS
by Susan K. Serrano Director of Educational Development

The Center for Excellence in Native Hawaiian Law is pleased to congratulate its newest Assistant Professor, D. Kapua Sproat (’98 JD), on being named one of Hawai`i Business Magazine’s “25 People Who Will Shape the Next 25 Years.” Kapua joined the Center in January 2007 and is currently teaching two courses: Environmental Law Clinic, which provides practical, non-litigation “lawyering” experience on issues affecting Hawai‘i’s natural and cultural resources; and Second Year Seminar, an advanced legal research and writing course focused on Native Hawaiian and environmental issues. To view the full Hawaii Business Magazine article, go to: http://www.hawaiibusiness.com

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NEWS FROM THE ‘AHAHUI O HAWAI‘I LAW STUDENT ORGANIZATION
by Derek Kauanoe
3L

‘Ahahui O Hawai‘i (the Hui) is the oldest student organization at the William S. Richardson School of Law. Through the years, the Hui has supported Native Hawaiian law students, promoted discussion and scholarship on issues impacting the Hawaiian community, and advocated for justice for Native Hawaiians. This is the first in a series of regular columns on the Hui’s projects and activities.

This past year, ‘Ahahui O Hawai‘i offered Law School Admission Test (LSAT) Preparation classes to Native Hawaiians applying to law school. From April 2006 through January 2007, thirty-six prospective students enrolled in LSAT Preparation classes. After participating in the classes, some participants’ scores increased by as much as 10-11 points. The Hui also provided tutoring to assist Native Hawaiian students in their first-year law courses. These programs were made possible through a grant from the Office of Hawaiian Affairs and the support of the William S. Richardson School of Law.

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THE CENTER CONGRATULATES OUR FIRST GRADUATES RECEIVING PALS-SPECIALTY IN NATIVE HAWAIIAN LAW CERTIFICATES

Maika‘i loa! Congratulations to our three graduates who will be receiving Pacific Asian Legal Studies (PALS) Certificates with a Specialty in Native Hawaiian Law. Malina Koani-Guzman, Jocelyn Macadangdang-Doane, and Kalikolīhau Hannahs are the first-ever recipients of the new PALS-Specialty in Native Hawaiian Law certificates. We hope there will be many more to follow in the footsteps of these talented scholars and leaders.

We also extend our congratulations to Tia Blankenfeld, one of the Center’s research assistants, who will be receiving her J.D., and to the entire Class of 2007 of the William S. Richardson School of Law. He lei hiwahiwa no nā kūpuna. Each of you is, indeed, a precious lei for your ancestors!

Ka He‘e Editors: Susan Serrano, Kapua Sproat and Melody Kapilialoha MacKenzie

Ka He‘e design by Justin Scott

To Subscribe to Ka He‘e, e-mail us at nhlawctr@hawaii.edu.

Like the law, the he‘e (octopus) is many faceted. The he‘e changes color and camouflages itself. It can melt into the background; it is malleable. It can squirt protective ink, obfuscating what should be clear and apparent. Native Hawaiians recognize that the he‘e has both positive and negative attributes. Like the he‘e, the law offers both benefits and challenges to Native Hawaiians.