ANNOTATED BIBLIOGRAPHY Native Hawaiian Sovereignty

Ceason Ranson Race, Racism, & American Law ANNOTATED BIBLIOGRAPHY Native Hawaiian Sovereignty Law Review Articles: Jennifer L. Arnett, The Question for Hawaiian Sovereignty: An Argument for the Rejection
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Ceason Ranson Race, Racism, & American Law ANNOTATED BIBLIOGRAPHY Native Hawaiian Sovereignty Law Review Articles: Jennifer L. Arnett, The Question for Hawaiian Sovereignty: An Argument for the Rejection of Federal Acknowledgement, 14-FALL Kan. J.L. & Pub. Pol y 169 (2004). This article argues against the movement for Native Hawaiian sovereignty, and is useful because it gives detail about the sovereign process as a whole. The author explains very well the idea of the federally recognized tribe and how that comes into play when determining if Native Hawaiians benefit from Native American sovereignty laws. R. H K Lei Lindsey, Akaka Bill: Native Hawaiians, Legal Realities, and Politics as Usual, 24 I. Haw. L. Rev. 693 (2002). The Akaka Bill is a key piece of legislation dealing with Native Hawaiian sovereignty, and this article does an excellent job explaining what the bill is, how it relates to the Constitution, and what it means in relation to current sovereignty laws. The article also pinpoints the international law claims that may arise during the sovereignty movement, and how that enhances the groups seeking an independent Hawaii. Le a Malia Kanehe, The Akaka Bill: the Native Hawaiians Race for Federal Recognition, 23 U. Haw. L. Rev. 857 (2001). This article not only gives a good explanation of the Akaka Bill, but more important gives a detailed history of Hawaii. An indigenous group s history is key to understanding why they deserve sovereignty, and this article s history section allows anyone interested in this subject to understand why Native Hawaiians are seeking sovereignty. Annmarie M. Liermann, Seeking Sovereignty: The Akaka Bill and the Case for the Inclusion of Hawaiians in Federal Native American Policy, 41 Santa Clara L. Rev. 509 (2001). This article goes into great detail and analysis about Native American sovereignty laws and how it applies to Native Hawaiian. Because Native American sovereignty laws are the current legislation dealing with sovereignty, it is important to understand their context and how they are applied, and this article does an excellent job explaining the laws and cases involved. Kimberly A. Costello, Rice v. Cayetano: Trouble in Paradise for Native Hawaiians Claiming Special Relationship Status, 79 N.C. L. Rev. 812 (2001). Rice v. Cayetano is a key case in the Native Hawaiians sovereignty movement, and this article contains good information regarding the case and how it applies to the movement. It especially explains the implication of Morton v. Mancari on sovereignty and how it fits with Constitutional standards. Eric Steven O Malley, Irreconcilable Rights and the Question of Hawaiian Statehood, 89 Geo. L.J. 501 (2001). This article is a good source of information regarding the trust lands in Hawaii. These 1.2 million acres are the native lands the state of Hawaii is holding in trust for Native Hawaiians, and are one of the reasons for the sovereignty movement. The article lays out the history of these lands, and the part federal and state courts have played in dealing with these lands. John M. Van Dyke, The Political Status of the Native Hawaiian People, 17 Yale L. and Pol y Rev. 95 (1998). This article should be read after the Stuart Minor Benjamin article, because it for Native Hawaiian sovereignty, and break down, point by point, the difference between Benjamin s argument and the author s own. This is important because it enables people interested in this topic to get a full picture of the arguments for and against sovereignty, and allows them to form their own opinion as to this decisive topic. Stuart Minor Benjamin, Equal Protection and the Special Relationship: The Case of Native Hawaiians, 106 Yale L.J. 537 (1996). Benjamin argues that Native Hawaiians have no claim to sovereignty because neither the Constitution nor Native American sovereignty laws permit Native Hawaiians to attain sovereignty. His article is extremely detailed, and offers an excellent look into the issue. William H. Rodgers, Jr., The Sense of Justice and the Justice of Sense: Native Hawaiian Sovereignty and Second Trial of the Century, 71 Wash L. Rev. 379 (1996). This is a good article in its discussion of Native Hawaiian independency advocate, Bumpy Kanahele. It discusses the movement for an independent Hawaii, and how Kanahele plays a major role in that movement. Noelle M Kahannu & Jon M. Van Dyke, Native Hawaiian Entitlement to Sovereignty: An Overview, 17 I. Haw. L. Rev. 427 (1995). Native Alaskans are another indigenous group that have been awarded sovereignty. This article presents a look at the Native Alaskan struggle for sovereignty, and how they used Native American sovereignty laws to obtain their own special status. This is important, so that Native Hawaiians can see how they fit in sovereignty laws, and how other indigenous groups who do not completely fit Native American sovereignty definitions have still obtained sovereignty. Eric K. Yamamoto, Moses Haia, & Donna Kalama, Courts and the Culture Performance: Native Hawaiians Uncertain Federal and State Law Rights to Sue, 16 U. Haw. L. Rev. 1 (1994). This article s importance lies in its explanation of international law and how it applies to Native Hawaiian sovereignty. Because Native Hawaiians had no opportunity to be reviewed under international law, there is a question as to whether the United Nations might be able to play a role in creating an independent Hawaii. This article has some explanation on this role, and the possibly outcome if Native Hawaiians pursue this route. Cases/ Laws: Arakaki v. Lingle, 423 F.3d 954 (9 th Cir. 2004). This case demonstrates the inability of courts to define who is a Native Hawaiian. The Ninth Circuit affirmed the lower court s ruling that it was up to Congress to define who was Native Hawaiian, and until that occurred, the Plaintiffs had no standing to sue the Hawaiian state government concerning trust lands. Morton v. Mancari, 417 US 535 (1974). This is the seminal case for the standard of review for sovereign nation. In it, the Supreme Court held that programs and laws dealing with recognized sovereign nations are to be reviewed under rational review, not strict scrutiny. Sovereign groups and their programs would reviewed as political groups, not a racial classification, and therefore, Native American sovereignty laws were able to by- pass the strict scrutiny standard that normally pervades cases of racially motivated legislation. Rice v. Cayetano, 528 US 495 (2000). This case held that since Native Hawaiians have not been recognized as a sovereign nation, OHA may not prohibit all Hawaiians from voting in its elections. The Plaintiff was not a Native Hawaiian, and was therefore denied the right to vote for the trustees who administered the trust lands in Hawaii. The Supreme Court did not review OHA s voting policy under a rational relation standard, instead reviewing it under strict scrutiny. In its holding, the Supreme Court stated that because Native Hawaiians were not recognized as a sovereign group, the prohibition keeping non- Native Hawaiians from voting in OHA elections violated the Plaintiff s 15 th Amendment rights, and was struck down as such. Apology Resolution, Pub. L. No , 107 Stat (1993). This was the impetus to the current Native Hawaiian sovereignty movement. This resolution, issued in 1993, apologized for the illegal taking of Hawaii from Native Hawaiians and the subsequent inquisition of the United States in making it a state of the union. The resolution also calls for a reconciliation between the United States government and Native Hawaiians. The Akaka Bill, H.R. 4904, 106 th Cong. (2000); 109 S th Cong. (2000); S. 81, 107 th Cong. (2001). This is the most currently legislation dealing with the issue of Native Hawaiian sovereignty. The senior Hawaiian senator, Daniel Akaka, proposed this legislation, which would grant Native Hawaiians the same nation within a nation sovereign status achieved by Native Americans and Native Alaskans. This bill, however, is controversial among both Hawaiians and other members of Congress, and has therefore stalled in the legislative process. Newspaper/ Magazine Articles Advertiser Staff. Arguments for and against the Akaka bill. Honolulu Advertiser. July 20, This is organized very basically into pro/ con sections. Easy to read, and very pinpointed on the issues. Shannon Brownlee. Taking Back the Islands. U.S. News and World Report. September 16, One of the early articles on this issue, it looks very basically at the issue, including discussing the pending (when this article was written) Rice v. Cayetano case. Neal Conan. Analysis: Hawaiian Sovereignty. Talk of the Nation (NPR). July 25, This is a transcript from a radio program that balanced proponents for and against Native Hawaiian sovereignty, including an interview with the originator of the Akaka Bill, Hawaiian Senator Daniel Akaka. Derrick DePledge. GOP Senators quietly muscle in against Akaka bill, Honolulu Advertiser. July 21, This article is useful because it pinpoints which members of Congress are against the Akaka Bill, and therefore, against Native Hawaiians sovereignty, giving readers a look into what it holding up the passage of the bill. Ken Dilianian. Native Hawaiian Islanders special benefits draw fire. The Philadelphia Inquirer. August 5, This is a good overview article on the Akaka Bill, and the arguments both for and against it. Bruce Fein. Bill would restore racial exclusivity kingdom never had. Honolulu Advertiser. September 4, This article presents a critical view of the Native Hawaiian sovereignty movement, including how the culture of Native Hawaiians is not actually conducive to the idea of racial exclusivity. Bruce Fein. Indian precedents won t boost Akaka bill. Honolulu Advertiser. August 31, This article is very useful because it explains why Native American sovereignty laws will not help give Native Hawaiians a similar type of sovereignty, and presents a critical look a the sovereignty movement. Bruce Fein. Native Hawaiian Government. FDCH Congressional Testimony, House Judiciary Committee. July, 19, In this transcript, Bruce Fein testifies as an opponent to the Native Hawaiian sovereignty. He addresses what he sees as the pitfalls of the Akaka Bill, and why he believes that the bill goes against the history and culture of Hawaii. Bruce Fein. New Racism in New Bottles. The Washington Times, July 15, This is a scathing editorial against the Native Hawaiian sovereignty movement, pinpointing exactly why, in his opinion, the Akaka Bill should be struck down. Carey Goldberg. Native Hawaiian Vote Favors Sovereignty. The New York Times. September 14, This article discusses the Native Hawaiian sovereignty movement, and the vote taken among Native Hawaiians favoring sovereignty. The article also addresses the issue that no one who wasn t a Native Hawaiian was allowed a vote, and therefore, the vote may be tainted. Kevin Gover. United States Relationship with Native Hawaiian Government. FDCH Congressional Testimony, Senate Indian Affairs. September 14, This is a transcript of testimony regarding the Native Hawaiian sovereignty movement, and is useful because it includes good comparison of the Native Hawaiian sovereignty movement with the Native American sovereignty movement. This is important, because the precedents set in Native American sovereignty will most likely be used to determine Native Hawaiian sovereignty. Will Hoover. Conference Helps Soften Opposition to Akaka Bill. Honolulu Advertiser. January 12, This article discusses a conference concerning the Akaka Bill, and contains good information and quotes from proponents of the bill, including Hawaiian senator, Daniel Akaka, and opponents who were looking for clarification. Kehaulani J. Kauanui. Contradictions and Celebrations. American Indian Quarterly. Summer/ Fall 2005, Vol. 29 Issue 3/ 4, pages This article is interesting, because it is written by a Native Hawaiian, and concerns her trip to Washington, DC to view the opening of the National Museum of the American Indian. The article discusses her feelings on the trip, and on her belief that the best kind of sovereignty for Native Hawaiians is not the nation within a nation enjoyed by Native Americans, but an independent Hawaii. Robert Klein. Conservative or not, Roberts probably would support it. Honolulu Advertiser. September 4, This is an interesting article because it discusses whether Chief Justice John Roberts would support Native Hawaiian sovereignty. This is important, because the Supreme Court will be the ultimate judge of any legislation dealing with Native Hawaiian sovereignty. Dean E. Murphy. Bill Giving Native Hawaiians Sovereignty is Too Much for Some, Too Little for Others. The New York Times. July 17, This is a balanced article on the arguments for and against Native Hawaiian sovereignty, and gives some good discussion on how the Bush administration has responded to the movement. Ellen Nakashima. Native Hawaiians Consider Asking for Their Islands Back; 100 year old cause Spurs Sovereignty Vote. The Washington Post. August 27, This article gives good discussion on the movement for an independent Hawaii, including the historical perspective that gives rise to such a movement. Mindy Pennybacker. Should the Aloha State Say Goodbye? Natives Wonder. The Nation. August 12/19, 1996, page This article is a good start to issue of Native Hawaiian sovereignty, as it addresses much of the concerns found when dealing with the issue, and also gives good information and statistics relating the Native Hawaiian trust lands. Judy Rohrer. Got Race? The production of Haole and the Distortion of Indigenity in the Rice Decision. Contemporary Pacific. January 1, 2006, Vol. 18, Issue 1. This article is well organized, and goes into detail about various legislation and court cases concerning the Native Hawaiian sovereignty movement. In addition, it also includes a section on defining who is Native Hawaiian. This is an important detail in the movement towards achieving a sovereign nation. Alex Salkever. When Race Determines Who Gets to Vote. Christian Science Monitor. April 6, 1999, Vol. 91, Issue 90, page 2. This article analyzes the Rice v. Cayetano decision. It also gives details about the Office of Hawaiian affairs, and the role that it plays, and will play, in the sovereignty movement. Separate but equal, Hawaiian- style. The Washington Times, October 3, This editorial argues that the Akaka Bill is unconstitutional because Native Hawaiians cannot achieve sovereignty under Native American sovereignty laws. It critique of the sovereign movement aids in understanding the issue more fully. E. Robert Jr. Statham. Ethnic Nationalism Versus American Constitutionalism: The Impact of Rice v. Cayetano. World Affairs. Winter 2002, Vol. 164, Issue 3, page 135. This article focuses on Rice v. Cayetano, and the Constitutional issues it imposed. This is a very detailed article, and helps explain the role the Constitution plays in issues of sovereignty. Paul Theroux. Hawai i. National Geographic. December 2002, Vol. 202, Issue 6, p This is an interesting article because it not only gives a brief history of Hawaii (very important to issue of sovereignty) but it also profiles one of the groups intent on creating an independent Hawaii. Because an independent Hawaii is one of the issues in the movement, this article is a useful tool in seeing exactly what that form of sovereignty entails. Tomas Alex Tizon. Rebuilding A Hawaiian Kingdom: Bumpy Kanahele has carved out an Oahu village were native values reign. Many see it as a steppingstone to the goal of sovereignty. The Nation. July 21, This is an excellent article profiling one of the most noted separatists, Bumpy Kanahele. Kanahele promotes an independent Hawaii, to the point where he has created a communal kingdom on native lands. This is good article, addressing the movement for an independent Hawaii versus nation within a nation sovereignty. Charles Wilkinson. Akaka bill promotes redress. Honolulu Advertiser. September 25, This article favors the Akaka Bill, and discusses how it furthers the cause for Native Hawaiian sovereignty. Charles Wilkinson. Wisconsin tribe faced those same arguments. Honolulu Advertiser. August 21, 2005. This article compares the struggle for Native Hawaiian sovereignty to another tribe that also sought sovereign status. This is useful because it demonstrates the way that sovereign laws in the United States are applied.
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