E. Sunny Greer, J.D. | University of Hawaii at Manoa (original) (raw)

Papers by E. Sunny Greer, J.D.

Accomplishing NAGPRA: Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act, Nov 30, 2013

The purpose of this chapter is to briefly discuss the implementation of NAGPRA in the state of Ha... more The purpose of this chapter is to briefly discuss the implementation of NAGPRA in the state of Hawaii. Where others might emphasize the successes of NAGPRA, it would be a dereliction of my duty as an academic and cultural practitioner to ignore the fact that in Hawaii, NAGPRA appears to be a source of cultural contention rather than the a repatriation remedy.

Cultural trauma as a result of settler colonial institutions is often so internalized that native... more Cultural trauma as a result of settler colonial institutions is often so internalized that native people fail to recognize such institutions as the source of their trauma. Throughout history, the native body has been dehumanized, eroticized, minimized, made invisible, and even expunged. The native body – even that of the dead – is a culturally traumatic site of struggle that is subject to erasure. This article analyzes the first written account of religious syncretism in Hawai‘i and presents its legal implications in the contemporary controversy of disinterring Native Hawaiian burials at Kawaiaha‘o Church. Using the case of Hall v. Department of Land & Natural Resources, this article demonstrates how the law and Christianity have been used as tools of U.S. hegemony to continue colonizing Native Hawaiian bodies through the imposition of spatial and temporal boundaries.

Na Wai Hoola I Na Iwi? (Who Will Save the Bones?): Native Hawaiians and the Native American Graves Protection and Repatriation Act, Dec 31, 2012

The article argues that although the application of NAGPRA in Hawaii is problematic, it is impera... more The article argues that although the application of NAGPRA in Hawaii is problematic, it is imperative that Native Hawaiians include the care of ancestral remains and cultural objects as integral components of their cultural and political assertion of sovereignty.

Kaleikini v. Thielen is one of several recent cases that illustrate the difficulty in balancing “... more Kaleikini v. Thielen is one of several recent cases that illustrate the difficulty in balancing “Hawaiian cultural and religious beliefs as well as the legal rights and interests of private landowners.” It highlights the ongoing tension between Western property rights and Native Hawaiian customs and traditions. Most importantly, this case reveals critical flaws in the efficacy of Hawai‘i’s burial laws.

This paper examines Kaleikini in the context of Hawai‘i’s state burial laws to identify problem areas and offer amendments to the State Department of Land and Natural Resources (“DLNR”), island burial councils (“IBC”), and the general public.

A detailed analysis of Kaleikini is necessary to craft specific revisions to the law’s limitations and ambiguity regarding “prehistoric and historic” burials.

By identifying obstacles and offering potential solutions, this paper strives to protect the State from similar lawsuits, while also assisting the department in fulfilling its legal mandates. Most importantly, this paper seeks to preserve the integrity of nā iwi kūpuna (the ancestral bones).

Accomplishing NAGPRA: Perspectives on the Intent, Impact, and Future of the Native American Graves Protection and Repatriation Act, Nov 30, 2013

The purpose of this chapter is to briefly discuss the implementation of NAGPRA in the state of Ha... more The purpose of this chapter is to briefly discuss the implementation of NAGPRA in the state of Hawaii. Where others might emphasize the successes of NAGPRA, it would be a dereliction of my duty as an academic and cultural practitioner to ignore the fact that in Hawaii, NAGPRA appears to be a source of cultural contention rather than the a repatriation remedy.

Cultural trauma as a result of settler colonial institutions is often so internalized that native... more Cultural trauma as a result of settler colonial institutions is often so internalized that native people fail to recognize such institutions as the source of their trauma. Throughout history, the native body has been dehumanized, eroticized, minimized, made invisible, and even expunged. The native body – even that of the dead – is a culturally traumatic site of struggle that is subject to erasure. This article analyzes the first written account of religious syncretism in Hawai‘i and presents its legal implications in the contemporary controversy of disinterring Native Hawaiian burials at Kawaiaha‘o Church. Using the case of Hall v. Department of Land & Natural Resources, this article demonstrates how the law and Christianity have been used as tools of U.S. hegemony to continue colonizing Native Hawaiian bodies through the imposition of spatial and temporal boundaries.

Na Wai Hoola I Na Iwi? (Who Will Save the Bones?): Native Hawaiians and the Native American Graves Protection and Repatriation Act, Dec 31, 2012

The article argues that although the application of NAGPRA in Hawaii is problematic, it is impera... more The article argues that although the application of NAGPRA in Hawaii is problematic, it is imperative that Native Hawaiians include the care of ancestral remains and cultural objects as integral components of their cultural and political assertion of sovereignty.

Kaleikini v. Thielen is one of several recent cases that illustrate the difficulty in balancing “... more Kaleikini v. Thielen is one of several recent cases that illustrate the difficulty in balancing “Hawaiian cultural and religious beliefs as well as the legal rights and interests of private landowners.” It highlights the ongoing tension between Western property rights and Native Hawaiian customs and traditions. Most importantly, this case reveals critical flaws in the efficacy of Hawai‘i’s burial laws.

This paper examines Kaleikini in the context of Hawai‘i’s state burial laws to identify problem areas and offer amendments to the State Department of Land and Natural Resources (“DLNR”), island burial councils (“IBC”), and the general public.

A detailed analysis of Kaleikini is necessary to craft specific revisions to the law’s limitations and ambiguity regarding “prehistoric and historic” burials.

By identifying obstacles and offering potential solutions, this paper strives to protect the State from similar lawsuits, while also assisting the department in fulfilling its legal mandates. Most importantly, this paper seeks to preserve the integrity of nā iwi kūpuna (the ancestral bones).