David Forman - Academia.edu (original) (raw)

Papers by David Forman

Social Science Research Network, 1998

In 1995, the Hawai'i Supreme Court handed down its unanimous decision in Public Access Shoreline ... more In 1995, the Hawai'i Supreme Court handed down its unanimous decision in Public Access Shoreline Hawaii v. Hawai'i Coun~ Planning Commission. I The court affumed earlier opinions by the Intermediate Court of Appeals and the Third Circuit Court, which dealt with basic questions of administrative procedure. The Hawai'i County Planning Commission had rejected a request by Public Access Shoreline Hawaii (P ASH) to hold a contested case hearing on an application for a Special Management Area (SMA) use permit. Developer Nansay Hawaii, Inc. (Nansay) submitted the application for permission to develop a resort complex in the ahupua'a 2 of Kohanaiki, on the Kona coast of the Island ofHawai'i. PASH claimed standing to participate based, in part, on the claim that its native Hawaiian members traditionally gathered 'opae (shrimp) from the anchialine ponds on Nansay's property. However, the Planning Commission determined that PASH lacked standing because its purported interest in the proceeding was "not clearly distinguishable from that of the general public."3 On appeal, the Supreme Court of Hawai'i held that "PASH sufficiently demonstrated standing to participate in a contested case" based on: * unrefuted testimony ... that its members, as native Hawaiians who have exercised such rights as were customarily and traditionally exercised for subsistence, cultural, and religious purposes on undeveloped lands, have an interest in a proceeding for the approval of a SMA permit for the development oflands within the ahupua'a which ... [is] clearly distinguishable from that of the general public. 4

Social Science Research Network, 2001

I The term "wetlands" is defined by the U.S. Army Corps of Engineers to include: those areas that... more I The term "wetlands" is defined by the U.S. Army Corps of Engineers to include: those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 33 G.F.R. S 328.3(b) (1992). For a discussion of the rationale for regulating development in wetland areas, see infra notes 57-59 and accompanying text.

Social Science Research Network, 1992

to assert sovereignty over an extended territorial sea, the proviso quoted above is ineffective a... more to assert sovereignty over an extended territorial sea, the proviso quoted above is ineffective absent express congressional approval. 7 These contrasting views illustrate the ambiguous nature of the ocean management regime now governing the territorial sea. The Proclamation has created a zone without clear jurisdictional authority, where a case-by-case analysis is needed to determine the rights, duties, and responsibilities of citizens, the government, and foreign nationals and nations. This situation is not only inefficient, but absurd. Although Congress recently legislated that the territorial sea expansion does not apply to the CZMA, 8 questions remain, for instance, whether jurisdiction is conferred under the Endangered Species Act in the three-to-twelve mile zone or if several other protectionary measures 9 can be applied throughout a twelve-nauticalmile territorial sea. This article examines these constitutional and statutory ambiguities, considers historical and current federal-state tensions surrounding the management of nonliving and living resources, and suggests several alternative approaches Congress could take to produce a comprehensive ocean management regime for the United States. It asserts that affirmative Congressional action is preferable to resorting to the judicial 7. See infra notes 24,28, 31, 45-48, 54, 57, and accompanying text. Congress did not expressly give effect to the proviso in either of the sessions of the 101st Congress; H.R. 1405 (Section 4) would have made it clear that "[each state's] jurisdiction or authority ... shall not [be] extend[ed] beyond ... [the] previous geographical limits by the extension of the territorial sea of the United States." 8. The 1990 Coastal Zone Management Act Amendments struck references to "the United States territorial sea" (16 U.S.C. § 1453(1)), and inserted in lieu thereof "the outer limit of State title and ownership under the Submerged Lands Act..." Furthermore, § 1456(c)(3)(B) was amended to require that any area leased under OCSLA "affecting any [land use or water use in] land or water use or natural resource of the coastal zone of the state... must be consistent ... [with] the enforceable policies of' the coastal state's management plan. This amendment effectively overturned Secretary of the Interior v. California, 464 U.S. 312 (1984) (holding that the act does not apply to oil and gas leases) because of the undeniable impact leasing will have on the natural resources of the coastal zone. Section 1456(d) was also amended to clarify the Act's application to federal activities whether "in or outside of the coastal zone" which affect any land or water use or natural resource of the coastal zone.

Columbia journal of gender and law, Jun 22, 2012

This article aims to encourage a vital and evolutionary step forward in understanding how multifa... more This article aims to encourage a vital and evolutionary step forward in understanding how multifaceted legal processes shape, and should shape, thinking about gay and lesbian couples within religious communities and the body politic. The article begins by providing context that illustrates the place-based and diffuse nature of an ongoing culture war between civil rights and religious freedom, further exposing the painful irony inherent in using misinterpretations of the Sodom and Gomorrah parable to reinforce inhospitality. The article describes a state-by-state patchwork of nondiscrimination laws governing places ofpublic accommodation and explores the Jim Crow origins of the "Mrs. Murphy" exception that has been incorporated into a handful of state nondiscrimination laws. The article then examines how existing legal frameworks address claims of sexual orientation discrimination alongside defenses based upon religious freedom. Finally, this article seeks to accelerate an emerging trend toward including sexual orientation as a protected category in our nation 's nondiscrimination laws, by highlighting an opportunity to counter religious misinterpretations currently reflected in the prevailing cultural narrative.

perts, including scholars, attorneys, government officials, service providers, and local activist... more perts, including scholars, attorneys, government officials, service providers, and local activists. Each panel focused on one of five topics related to the Apology Resolution: (1) its purpose and meanings; (2) civil rights implications; (3) equal protection for Native Hawaiians; (4) state reconciliation efforts and future initiatives; and (5) federal oversight, reconciliation efforts, and future initiatives.3 The Hawaii Advisory Committee strove to invite a crosssection of participants to obtain a balanced view of the issues, analysis, and information relevant to its inquiries. Thus, opposing viewpoints were shared with the Hawaii Advisory Committee in a session open to the public and media. Because of time and budget constraints, however, the Hawaii Advisory Committee simply could not accommodate everyone who wished to participate on scheduled panels. Others, including members of the State Senate and House of Representatives, chose not to accept invitations extended by the Hawaii into consideration legal developments that are more fully described later in this report. The Departments of the Interior and Justice ultimately issued their Reconciliation Report on October 23, 2000. A little more than a year before the Departments of the Interior and Justice released their Reconciliation Report, the U.S. Supreme Court heard oral arguments in Rice v. Cayetano. The case presented the issue of whether the State of Hawai`i could limit the election of trustees to the Office of Hawaiian Affairs (OHA) to Native Hawaiians, who were the intended beneficiaries of OHA. Both the District Court for the District of Hawai'i and the United States Court of Appeals for the Ninth Circuit held that the OHA elections did not violate either the 14th or 15th Amendments of the United States Constitution.5 However, on February 23, 2000, the U.S. Supreme Court vacated the lower court decisions, concluding instead that the OHA elections violated the 15th Amendment6 These circumstances prompted the Hawaii Advisory Committee to request, at its March 30, 2000, meeting, that the U.S. Commission on Civil Rights come to Hawaii and join an open meeting on the potential impact of the decision. The Commission determined that the project should remain an Advisory Committee activity and that a number of Commissioners would join in collecting the information.7 The Advisory Committee held another community forum on September 29, 2000, in Honolulu, Hawai`i. Commission Vice Chairperson Cruz Reynoso and Commissioners Yvonne Y. Lee and Elsie Meeks sat as members of the hearing panel. The intent of the forum was to give voice to the concerns of Hawaiians and non-Hawaiians relating to the potential immediate and long-term implications of the Rice decision on federal and state programs for Native Hawaiians and possible future remedies, as suggested by proposed legislation.5 The forum consisted of five panels of experts, including scholars, attorneys, government officials, service providers, and local activists. Each panel focused on one of five topics related to the Supreme Court's decision in Rice v. Cayetano: (1) the impact on programs in health, education, and housing; (2) legal implications; (3) government programs; (4) legislative response; and (5) other perspectives.9

Social Science Research Network, 1994

Sa lunting pangarap nagmula ang lahat, Binaligtad ang bulsa't nilikon ang danas. Sa nagtangkarang... more Sa lunting pangarap nagmula ang lahat, Binaligtad ang bulsa't nilikon ang danas. Sa nagtangkarang gusali't karatula'y sumilong, Itlog ng tagak ang ibig matunton. Amo kong Intsik kunwa'y mabait, Ginagahasa ako kung gabing tahimik-Pagkat ang ipinanagako'y ceramics at jade, Inialay ko ang takot sa altar ng AIDS. Nalaman ko ngayong hindi siya tapat, Kahit dibdib nami'y madalas maglapat. Makapal pa sa buhok ang duming nakalugayy, Ang garing na isip ay hindi tiwasay. Kulang pa sa sukat ang balakang Ang insusulit kong pagdaramdam-ako'y pakinggan: Nagmamadali kasi ako sa pagyaman, Buntis ako ngayon, walang matuluyan.

The Cambridge Handbook of Commons Research Innovations, 2021

This chapter explores a “regulatory commons” problem of jurisdictional mismatch and overlap in fr... more This chapter explores a “regulatory commons” problem of jurisdictional mismatch and overlap in fragmented federal/state/local legal regimes, which thwarted efforts to address perceived social ills. Three Hawaiʻi counties adopted ordinances attempting to address environmental and health risks of genetically engineered (GE) seed crops, relying upon self-effectuating Hawai‘i constitutional provisions that establish environmental rights and public trust responsibilities consistent with Native Hawaiian natural resource management principles. Applying critical contextual analysis, this chapter exposes how the federal courts misapplied implied state preemption by ignoring applicable state law. Notwithstanding significant federal/state regulatory gaps, the courts’ superficial analysis of supposedly “comprehensive, uniform and exclusive” statutory schemes were instead based on appeals to ignorance that depend upon regulatory assumptions of “substantial equivalence.” Decades-old federal policy choices assigning risks associated with scientific uncertainty to future generations will, thus, continue to tip the balance of interests in industry’s favor unless judicial/legislative/administrative bodies in Hawai‘i take appropriate action.

Columbia Journal of Gender and Law, Jun 22, 2012

This article aims to encourage a vital and evolutionary step forward in understanding how multifa... more This article aims to encourage a vital and evolutionary step forward in understanding how multifaceted legal processes shape, and should shape, thinking about gay and lesbian couples within religious communities and the body politic. The article begins by providing context that illustrates the place-based and diffuse nature of an ongoing culture war between civil rights and religious freedom, further exposing the painful irony inherent in using misinterpretations of the Sodom and Gomorrah parable to reinforce inhospitality. The article describes a state-by-state patchwork of nondiscrimination laws governing places of public accommodation and explores the Jim Crow origins of the "Mrs. Murphy" exception that has been incorporated into a handful of state nondiscrimination laws. The article then examines how existing legal frameworks address claims of sexual orientation discrimination alongside defenses based upon religious freedom. Finally, this article seeks to accelerate an emerging trend toward including sexual orientation as a protected category in our nation's nondiscrimination laws, by highlighting an opportunity to counter religious misinterpretations currently reflected in the prevailing cultural narrative.

Filling in a Jurisdictional Void: The New U.S. Territorial Sea.

SSRN Electronic Journal, 2007

We're not asking for a handout, we're asking to be able to take care of our own.2-Miki Kim, a 197... more We're not asking for a handout, we're asking to be able to take care of our own.2-Miki Kim, a 1976 Kamehameha Schools graduate 1. English and Hawaiian are the official languages of Hawai'i. HAW. CONST. art. XV, § 4; HAW. REV. STAT. § 5-6.5 (2006). In the Hawaiian language, an 'okina or glottal stop is considered a consonant; this consonant is part of the word Hawai'i, meaning both the island of the Hawai'i and the group of islands. MARY KAWENA PUKUI & SAMUEL H. ELBERT, HAWAIIAN DICTIONARY xvii, 62 (rev. & enlarged ed. 1986). In this article, the authors have chosen to be consistent with Hawaiian language practice by including the glottal stop in the word Hawai i.

SSRN Electronic Journal, 1994

Sa lunting pangarap nagmula ang lahat, Binaligtad ang bulsa't nilikon ang danas. Sa nagtangkarang... more Sa lunting pangarap nagmula ang lahat, Binaligtad ang bulsa't nilikon ang danas. Sa nagtangkarang gusali't karatula'y sumilong, Itlog ng tagak ang ibig matunton. Amo kong Intsik kunwa'y mabait, Ginagahasa ako kung gabing tahimik-Pagkat ang ipinanagako'y ceramics at jade, Inialay ko ang takot sa altar ng AIDS. Nalaman ko ngayong hindi siya tapat, Kahit dibdib nami'y madalas maglapat. Makapal pa sa buhok ang duming nakalugayy, Ang garing na isip ay hindi tiwasay. Kulang pa sa sukat ang balakang Ang insusulit kong pagdaramdam-ako'y pakinggan: Nagmamadali kasi ako sa pagyaman, Buntis ako ngayon, walang matuluyan.

SSRN Electronic Journal, 2008

(retired). 'A'ole au he Hawai'i a 'a'ole ho'i i pa'a pono ia'u ni 'ike o ni kiipuna Hawai'i. No l... more (retired). 'A'ole au he Hawai'i a 'a'ole ho'i i pa'a pono ia'u ni 'ike o ni kiipuna Hawai'i. No laila, e kala mai ini ua komo mai kahi hemahema a kuhihewa paha (e pili ana no ka 'ike o nA Hawai'i) i loko o kiia palapala. Ini he wahi hemahema a '6'ili mai ma loko o neia palapala, na'u ho'okahi n6 ia. A inA na'e he mana'o na'auao, mahalo nui i ka'u kumu, ii 'Anakd Olga Kalama i hala aku nei i ke ala ho'i 'ole mai, liua ho'i me ku'u makuakine, Michael L. Forman. Na Iiua mai n6 ia na'auao. '0 ka po'e i kama'iina 'ole i ku'u makuakine, e mana'o ho'ohalahala wale mai auane'i he Haole wale n6 ia e hana nei make kulanui. He Haole kfipono n6 na'e ia i ko'u mana'o, a ma ona li e 'ike 'ia ai ni 'ao'ao maika'i o ka po'e 'Amelika. He mau hana kina i hana ai no ka pono o ka po'e Hawai'i e la'a me ka ho'opa'a 'ana i ka 'Olelo Hawai'i i mea e hiki ai i5 ia ke noho i Luna Ho'omalu no ke k6mike nina i 'ipono aku nei i ka pepa nui a Laiana Wong i kkau ai no kona palapala lae'ula ma ka mihele Kilai'61elo o ke Kulanui o Hawai'i. '0 ia ihola ka pepa lae'ula mua loa i kikau 'ia ma ka 'Olelo Hawai'i wale n6 a i kapa 'ia "Kuhi aku, kuhi mai, kuhi hewa 6: He mau loina kuhikuhi 'ikena no ka 'Olelo Hawai'i" ('Apelila 2006).

SSRN Electronic Journal, 2000

Social Science Research Network, 1998

In 1995, the Hawai'i Supreme Court handed down its unanimous decision in Public Access Shoreline ... more In 1995, the Hawai'i Supreme Court handed down its unanimous decision in Public Access Shoreline Hawaii v. Hawai'i Coun~ Planning Commission. I The court affumed earlier opinions by the Intermediate Court of Appeals and the Third Circuit Court, which dealt with basic questions of administrative procedure. The Hawai'i County Planning Commission had rejected a request by Public Access Shoreline Hawaii (P ASH) to hold a contested case hearing on an application for a Special Management Area (SMA) use permit. Developer Nansay Hawaii, Inc. (Nansay) submitted the application for permission to develop a resort complex in the ahupua'a 2 of Kohanaiki, on the Kona coast of the Island ofHawai'i. PASH claimed standing to participate based, in part, on the claim that its native Hawaiian members traditionally gathered 'opae (shrimp) from the anchialine ponds on Nansay's property. However, the Planning Commission determined that PASH lacked standing because its purported interest in the proceeding was "not clearly distinguishable from that of the general public."3 On appeal, the Supreme Court of Hawai'i held that "PASH sufficiently demonstrated standing to participate in a contested case" based on: * unrefuted testimony ... that its members, as native Hawaiians who have exercised such rights as were customarily and traditionally exercised for subsistence, cultural, and religious purposes on undeveloped lands, have an interest in a proceeding for the approval of a SMA permit for the development oflands within the ahupua'a which ... [is] clearly distinguishable from that of the general public. 4

Social Science Research Network, 2001

I The term "wetlands" is defined by the U.S. Army Corps of Engineers to include: those areas that... more I The term "wetlands" is defined by the U.S. Army Corps of Engineers to include: those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 33 G.F.R. S 328.3(b) (1992). For a discussion of the rationale for regulating development in wetland areas, see infra notes 57-59 and accompanying text.

Social Science Research Network, 1992

to assert sovereignty over an extended territorial sea, the proviso quoted above is ineffective a... more to assert sovereignty over an extended territorial sea, the proviso quoted above is ineffective absent express congressional approval. 7 These contrasting views illustrate the ambiguous nature of the ocean management regime now governing the territorial sea. The Proclamation has created a zone without clear jurisdictional authority, where a case-by-case analysis is needed to determine the rights, duties, and responsibilities of citizens, the government, and foreign nationals and nations. This situation is not only inefficient, but absurd. Although Congress recently legislated that the territorial sea expansion does not apply to the CZMA, 8 questions remain, for instance, whether jurisdiction is conferred under the Endangered Species Act in the three-to-twelve mile zone or if several other protectionary measures 9 can be applied throughout a twelve-nauticalmile territorial sea. This article examines these constitutional and statutory ambiguities, considers historical and current federal-state tensions surrounding the management of nonliving and living resources, and suggests several alternative approaches Congress could take to produce a comprehensive ocean management regime for the United States. It asserts that affirmative Congressional action is preferable to resorting to the judicial 7. See infra notes 24,28, 31, 45-48, 54, 57, and accompanying text. Congress did not expressly give effect to the proviso in either of the sessions of the 101st Congress; H.R. 1405 (Section 4) would have made it clear that "[each state's] jurisdiction or authority ... shall not [be] extend[ed] beyond ... [the] previous geographical limits by the extension of the territorial sea of the United States." 8. The 1990 Coastal Zone Management Act Amendments struck references to "the United States territorial sea" (16 U.S.C. § 1453(1)), and inserted in lieu thereof "the outer limit of State title and ownership under the Submerged Lands Act..." Furthermore, § 1456(c)(3)(B) was amended to require that any area leased under OCSLA "affecting any [land use or water use in] land or water use or natural resource of the coastal zone of the state... must be consistent ... [with] the enforceable policies of' the coastal state's management plan. This amendment effectively overturned Secretary of the Interior v. California, 464 U.S. 312 (1984) (holding that the act does not apply to oil and gas leases) because of the undeniable impact leasing will have on the natural resources of the coastal zone. Section 1456(d) was also amended to clarify the Act's application to federal activities whether "in or outside of the coastal zone" which affect any land or water use or natural resource of the coastal zone.

Columbia journal of gender and law, Jun 22, 2012

This article aims to encourage a vital and evolutionary step forward in understanding how multifa... more This article aims to encourage a vital and evolutionary step forward in understanding how multifaceted legal processes shape, and should shape, thinking about gay and lesbian couples within religious communities and the body politic. The article begins by providing context that illustrates the place-based and diffuse nature of an ongoing culture war between civil rights and religious freedom, further exposing the painful irony inherent in using misinterpretations of the Sodom and Gomorrah parable to reinforce inhospitality. The article describes a state-by-state patchwork of nondiscrimination laws governing places ofpublic accommodation and explores the Jim Crow origins of the "Mrs. Murphy" exception that has been incorporated into a handful of state nondiscrimination laws. The article then examines how existing legal frameworks address claims of sexual orientation discrimination alongside defenses based upon religious freedom. Finally, this article seeks to accelerate an emerging trend toward including sexual orientation as a protected category in our nation 's nondiscrimination laws, by highlighting an opportunity to counter religious misinterpretations currently reflected in the prevailing cultural narrative.

perts, including scholars, attorneys, government officials, service providers, and local activist... more perts, including scholars, attorneys, government officials, service providers, and local activists. Each panel focused on one of five topics related to the Apology Resolution: (1) its purpose and meanings; (2) civil rights implications; (3) equal protection for Native Hawaiians; (4) state reconciliation efforts and future initiatives; and (5) federal oversight, reconciliation efforts, and future initiatives.3 The Hawaii Advisory Committee strove to invite a crosssection of participants to obtain a balanced view of the issues, analysis, and information relevant to its inquiries. Thus, opposing viewpoints were shared with the Hawaii Advisory Committee in a session open to the public and media. Because of time and budget constraints, however, the Hawaii Advisory Committee simply could not accommodate everyone who wished to participate on scheduled panels. Others, including members of the State Senate and House of Representatives, chose not to accept invitations extended by the Hawaii into consideration legal developments that are more fully described later in this report. The Departments of the Interior and Justice ultimately issued their Reconciliation Report on October 23, 2000. A little more than a year before the Departments of the Interior and Justice released their Reconciliation Report, the U.S. Supreme Court heard oral arguments in Rice v. Cayetano. The case presented the issue of whether the State of Hawai`i could limit the election of trustees to the Office of Hawaiian Affairs (OHA) to Native Hawaiians, who were the intended beneficiaries of OHA. Both the District Court for the District of Hawai'i and the United States Court of Appeals for the Ninth Circuit held that the OHA elections did not violate either the 14th or 15th Amendments of the United States Constitution.5 However, on February 23, 2000, the U.S. Supreme Court vacated the lower court decisions, concluding instead that the OHA elections violated the 15th Amendment6 These circumstances prompted the Hawaii Advisory Committee to request, at its March 30, 2000, meeting, that the U.S. Commission on Civil Rights come to Hawaii and join an open meeting on the potential impact of the decision. The Commission determined that the project should remain an Advisory Committee activity and that a number of Commissioners would join in collecting the information.7 The Advisory Committee held another community forum on September 29, 2000, in Honolulu, Hawai`i. Commission Vice Chairperson Cruz Reynoso and Commissioners Yvonne Y. Lee and Elsie Meeks sat as members of the hearing panel. The intent of the forum was to give voice to the concerns of Hawaiians and non-Hawaiians relating to the potential immediate and long-term implications of the Rice decision on federal and state programs for Native Hawaiians and possible future remedies, as suggested by proposed legislation.5 The forum consisted of five panels of experts, including scholars, attorneys, government officials, service providers, and local activists. Each panel focused on one of five topics related to the Supreme Court's decision in Rice v. Cayetano: (1) the impact on programs in health, education, and housing; (2) legal implications; (3) government programs; (4) legislative response; and (5) other perspectives.9

Social Science Research Network, 1994

Sa lunting pangarap nagmula ang lahat, Binaligtad ang bulsa't nilikon ang danas. Sa nagtangkarang... more Sa lunting pangarap nagmula ang lahat, Binaligtad ang bulsa't nilikon ang danas. Sa nagtangkarang gusali't karatula'y sumilong, Itlog ng tagak ang ibig matunton. Amo kong Intsik kunwa'y mabait, Ginagahasa ako kung gabing tahimik-Pagkat ang ipinanagako'y ceramics at jade, Inialay ko ang takot sa altar ng AIDS. Nalaman ko ngayong hindi siya tapat, Kahit dibdib nami'y madalas maglapat. Makapal pa sa buhok ang duming nakalugayy, Ang garing na isip ay hindi tiwasay. Kulang pa sa sukat ang balakang Ang insusulit kong pagdaramdam-ako'y pakinggan: Nagmamadali kasi ako sa pagyaman, Buntis ako ngayon, walang matuluyan.

The Cambridge Handbook of Commons Research Innovations, 2021

This chapter explores a “regulatory commons” problem of jurisdictional mismatch and overlap in fr... more This chapter explores a “regulatory commons” problem of jurisdictional mismatch and overlap in fragmented federal/state/local legal regimes, which thwarted efforts to address perceived social ills. Three Hawaiʻi counties adopted ordinances attempting to address environmental and health risks of genetically engineered (GE) seed crops, relying upon self-effectuating Hawai‘i constitutional provisions that establish environmental rights and public trust responsibilities consistent with Native Hawaiian natural resource management principles. Applying critical contextual analysis, this chapter exposes how the federal courts misapplied implied state preemption by ignoring applicable state law. Notwithstanding significant federal/state regulatory gaps, the courts’ superficial analysis of supposedly “comprehensive, uniform and exclusive” statutory schemes were instead based on appeals to ignorance that depend upon regulatory assumptions of “substantial equivalence.” Decades-old federal policy choices assigning risks associated with scientific uncertainty to future generations will, thus, continue to tip the balance of interests in industry’s favor unless judicial/legislative/administrative bodies in Hawai‘i take appropriate action.

Columbia Journal of Gender and Law, Jun 22, 2012

This article aims to encourage a vital and evolutionary step forward in understanding how multifa... more This article aims to encourage a vital and evolutionary step forward in understanding how multifaceted legal processes shape, and should shape, thinking about gay and lesbian couples within religious communities and the body politic. The article begins by providing context that illustrates the place-based and diffuse nature of an ongoing culture war between civil rights and religious freedom, further exposing the painful irony inherent in using misinterpretations of the Sodom and Gomorrah parable to reinforce inhospitality. The article describes a state-by-state patchwork of nondiscrimination laws governing places of public accommodation and explores the Jim Crow origins of the "Mrs. Murphy" exception that has been incorporated into a handful of state nondiscrimination laws. The article then examines how existing legal frameworks address claims of sexual orientation discrimination alongside defenses based upon religious freedom. Finally, this article seeks to accelerate an emerging trend toward including sexual orientation as a protected category in our nation's nondiscrimination laws, by highlighting an opportunity to counter religious misinterpretations currently reflected in the prevailing cultural narrative.

Filling in a Jurisdictional Void: The New U.S. Territorial Sea.

SSRN Electronic Journal, 2007

We're not asking for a handout, we're asking to be able to take care of our own.2-Miki Kim, a 197... more We're not asking for a handout, we're asking to be able to take care of our own.2-Miki Kim, a 1976 Kamehameha Schools graduate 1. English and Hawaiian are the official languages of Hawai'i. HAW. CONST. art. XV, § 4; HAW. REV. STAT. § 5-6.5 (2006). In the Hawaiian language, an 'okina or glottal stop is considered a consonant; this consonant is part of the word Hawai'i, meaning both the island of the Hawai'i and the group of islands. MARY KAWENA PUKUI & SAMUEL H. ELBERT, HAWAIIAN DICTIONARY xvii, 62 (rev. & enlarged ed. 1986). In this article, the authors have chosen to be consistent with Hawaiian language practice by including the glottal stop in the word Hawai i.

SSRN Electronic Journal, 1994

Sa lunting pangarap nagmula ang lahat, Binaligtad ang bulsa't nilikon ang danas. Sa nagtangkarang... more Sa lunting pangarap nagmula ang lahat, Binaligtad ang bulsa't nilikon ang danas. Sa nagtangkarang gusali't karatula'y sumilong, Itlog ng tagak ang ibig matunton. Amo kong Intsik kunwa'y mabait, Ginagahasa ako kung gabing tahimik-Pagkat ang ipinanagako'y ceramics at jade, Inialay ko ang takot sa altar ng AIDS. Nalaman ko ngayong hindi siya tapat, Kahit dibdib nami'y madalas maglapat. Makapal pa sa buhok ang duming nakalugayy, Ang garing na isip ay hindi tiwasay. Kulang pa sa sukat ang balakang Ang insusulit kong pagdaramdam-ako'y pakinggan: Nagmamadali kasi ako sa pagyaman, Buntis ako ngayon, walang matuluyan.

SSRN Electronic Journal, 2008

(retired). 'A'ole au he Hawai'i a 'a'ole ho'i i pa'a pono ia'u ni 'ike o ni kiipuna Hawai'i. No l... more (retired). 'A'ole au he Hawai'i a 'a'ole ho'i i pa'a pono ia'u ni 'ike o ni kiipuna Hawai'i. No laila, e kala mai ini ua komo mai kahi hemahema a kuhihewa paha (e pili ana no ka 'ike o nA Hawai'i) i loko o kiia palapala. Ini he wahi hemahema a '6'ili mai ma loko o neia palapala, na'u ho'okahi n6 ia. A inA na'e he mana'o na'auao, mahalo nui i ka'u kumu, ii 'Anakd Olga Kalama i hala aku nei i ke ala ho'i 'ole mai, liua ho'i me ku'u makuakine, Michael L. Forman. Na Iiua mai n6 ia na'auao. '0 ka po'e i kama'iina 'ole i ku'u makuakine, e mana'o ho'ohalahala wale mai auane'i he Haole wale n6 ia e hana nei make kulanui. He Haole kfipono n6 na'e ia i ko'u mana'o, a ma ona li e 'ike 'ia ai ni 'ao'ao maika'i o ka po'e 'Amelika. He mau hana kina i hana ai no ka pono o ka po'e Hawai'i e la'a me ka ho'opa'a 'ana i ka 'Olelo Hawai'i i mea e hiki ai i5 ia ke noho i Luna Ho'omalu no ke k6mike nina i 'ipono aku nei i ka pepa nui a Laiana Wong i kkau ai no kona palapala lae'ula ma ka mihele Kilai'61elo o ke Kulanui o Hawai'i. '0 ia ihola ka pepa lae'ula mua loa i kikau 'ia ma ka 'Olelo Hawai'i wale n6 a i kapa 'ia "Kuhi aku, kuhi mai, kuhi hewa 6: He mau loina kuhikuhi 'ikena no ka 'Olelo Hawai'i" ('Apelila 2006).

SSRN Electronic Journal, 2000