Books & Articles
Here are a few key texts if you want to familiarize yourself with Hawai'is unique laws. Hover your mouse over the "i" icon to see a description of the book.
Native Hawaiian Law: A Treatise by
"Native Hawaiian Law: A Treatise is the definitive resource for understanding critical legal issues affecting Native Hawaiians. This extensively revised and updated edition of the groundbreaking 1991 Native Hawaiian Rights Handbook offers a comprehensive overview and analysis of specific topics within this complex area of law...Native Hawaiian Law provides the tools to find relevant cases, statutes, and regulations impacting the rights of Native Hawaiians. It focuses on the relationship between Native Hawaiians and the state and federal governments; trust lands; vital areas of resource protection and management; protection of burials, repatriation, language, education, and health; and emerging human rights norms affecting indigenous peoples. This in-depth guide is an essential addition to the growing body of scholarship on indigenous peoples law."
ISBN: 9780873362405Publication Date: 2015-01-01
Hawaiian Blood: Colonialism and the Politics of Sovereignty and Indigeneity by
In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined "native Hawaiians" as those people "with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778." This "blood logic" has since become an entrenched part of the legal system in Hawai'i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage "dilutes" the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership. Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai'i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians' land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.
ISBN: 9780822340584Publication Date: 2008-11-07
Journals
Just a few journals that may have resources related to Hawaiian Law & justice.
- University of Hawaii Law ReviewAvailable from 1979 volume: 1 until 2015 volume: 37.
- University of Hawaii Law ReviewAvailable from 1979 volume: 1 until 2015 volume: 37.
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