Irreconcilable Rights and the Question of Hawaiian Statehood

Georgetown Law Journal

Volumn 89, Issue 2, 2001, Pages 501-

  O'Malley, Eric Steven ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0348202096     PISSN: 00168092     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (6)

1. See Naomi Sodetani, Bumpy's Ride, THE HONOLULU WKLY., Sept. 17, 1997, available at http://hawaii-nation.org/nation/ride.html. Mr. Brown filed his claims on behalf of the "Royal Kingdom of Hawaii" and claimed to have paid thousands of dollars to various public officials. Id.
2. See id.
3. There is much inconsistency in both law and commentary in the terminology used to distinguish various groups involved in these issues. This Note mostly follows the nomenclature of the Hawaiian Homes Commission Act of 1920, Act of July 9, 1921, ch. 42, § 201 (a)(7), 42 Stat. 108. See infra Part III.A. "Native Hawaiian" refers to descendants of aboriginal people who inhabited the Hawaiian islands in 1778, who are still residing in the islands, and who have a blood quantum of at least one half pure Hawaiian. "Hawaiian" or "indigenous Hawaiian" refers to descendants of aboriginal people who inhabited the islands in 1778 of any blood quantum (this includes "native Hawaiians"). "Non-Hawaiians" refers to non-aboriginal residents of the islands. The term "sovereignty" is also used inconsistently, creating confusion over the ultimate aims of Hawaiian rights advocates. For the purposes of this Note, unless part of a direct quote, "sovereignty" refers generally to some substantially greater degree of self-rule than is currently enjoyed by Hawaiians, up to and including an independent Hawaiian nation. "Independence" refers to the exercise of both internal and external sovereignty - in other words, the abolishment of Hawaiian statehood.
4. See Russ Lynch, Kanahele: Violence Against Tourists Possible, HONOLULU STAR-BULL., Nov. 18, 1994, at 1.
5. William H. Rodgers, Jr., The Sense of Justice and the Justice of Sense: Native Hawaiian Sovereignty and the Second "Trial of the Century", 71 WASH. L. REV. 379, 385 (1996) (citing plaintiff-appellee's Memorandum in Support of the Detention Order at 9, United States v. Kanahele (9th Cir. 1995) (C.A. No. 95-10373)); see also Linda Hosek, "Bumpy" Kanahele Gets Minimum Term,
6. William H. Rodgers, Jr., The Sense of Justice and the Justice of Sense: Native Hawaiian Sovereignty and the Second "Trial of the Century", 71 WASH. L. REV. 379, 385 (1996) (citing plaintiff-appellee's Memorandum in Support of the Detention Order at 9, United States v. Kanahele (9th Cir. 1995) (C.A. No. 95-10373)); see also Linda Hosek, "Bumpy" Kanahele Gets Minimum Term,