Law Review Article Published Entirely in ʻōlelo Hawaiʻi (Hawaiian)

Sabrina Rose Kamakakaulani Gramberg has published, in the Asian & Pacific Law & Policy Journal, an article written entirely in ʻōlelo Hawaiʻi (Hawaiian).

Here is a link to a press release (May 13, 2020) from Univ. of Hawaiʻi about it.

Here is a link to the article.

On page 38, Sabrina gives a short description of the article in English that states:

Enshrined in Hawaiʻi’s constitution, the legal foundation for Hawaiian language rights awaits statutory implementation. In the gap between legal justification and practical operation, speakers of Hawaiʻi’s indigenous language are once again being compelled to express themselves in English to access essential government programs. The State of Hawaiʻi has a role and responsibility in redressing the government actions that forced Hawaiʻi’s language shift. The reluctance of elected officials to develop a comprehensive plan to operationalize the constitution stands in direct contravention to the intent and mandate of Article XV, Section 4 of the Hawaiʻi State Constitution. As an official but critically endangered language, a statutory infrastructure for Hawaiian language access would support revitalization efforts and provide long- awaited mechanisms to obtain translation and interpretation services statewide.

And here is a link to Ka Huli Ao’s blog post about the article.


New Scholarship on Congress’ Authority to Recognize a Native Hawaiian Polity United by Common Descent

Derek Hoohauoli Kauanoe and Breann Swann Nuuhiwa have posted “We are Who We Thought We Were: Congress’ Authority to Recognize a Native Hawaiian Polity United by Common Descent” on SSRN. It is forthcoming in the Asian-Pacific Law & Policy Journal.

Here is the abstract:

In an attempt to fulfill the federal government’s moral imperative, the United States Congress has spent more than a decade considering several proposed versions of the Native Hawaiian Government Reorganization Act (colloquially referred to as the “Akaka Bill”), which seeks to restore a small measure of Native Hawaiian self-governing authority by providing a process for the formal federal acknowledgment of a reorganized Native Hawaiian governing entity. The proposed Act changes significantly with each new Congress, but from its initial introduction in 2000 to the present, the Act has consistently required that the initial reorganization of the Native Hawaiian polity be carried out by the Native Hawaiian community, united by common Native Hawaiian descent without regard to blood quantum.