The Place of Native Hawaiian Custom and Tradition in Modern Hawaii Law
Anthropology colloquium Series 2006 --- March
9
Title: The Place of Native Hawaiian Custom and Tradition in Modern Hawaii Law
Speakers: Carl C. Christensen, Visiting Assistant Professor, William S. Richardson School of Law, UHM
Time: 3:00 pm
Date: March 9, 2006
Location: Crawford 115
The Hawai'i Supreme Court has recognized the continuing importance of Native Hawaiian custom and tradition as a background principle of modern Hawai'i law in such recent cases as Public Access Shoreline Hawaii v. Hawaii County Planning Commission (1995), Pele Defense Fund v. Paty (1992), and Kalipi v. Hawaiian Trust Company (1982). Although the Court's reliance on custom has been criticized as an illegitimate effort to diminish the property rights of private landowners, this talk will contend that it merely continues a practice that began with the earliest opinions of the Supreme Court of the Kingdom of Hawai'i and that reflects Hawai'i's unique status as the only U.S. State with a legal system that is directly descended from that of a non-European society.
Carl Christensen is a Visiting Assistant Professor of Law at the William S. Richardson School of Law. He was Senior Counsel on the Democratic staff of the U.S. Senate Committee on Indian Affairs from 2001 to 2004 and before that was a Staff Attorney with the Native Hawaiian Legal Corporation from 1991 until 2001. He received his J.D. from Harvard Law School in 1990 and also holds a Ph.D. in Zoology (University of Arizona 1978). From 1978 until 1985 he was a research zoologist at Bishop Museum, where his research activities included faunal analysis of Pacific Island land snails conducted in cooperation with the Museum's archaeology staff.
Title: The Place of Native Hawaiian Custom and Tradition in Modern Hawaii Law
Speakers: Carl C. Christensen, Visiting Assistant Professor, William S. Richardson School of Law, UHM
Time: 3:00 pm
Date: March 9, 2006
Location: Crawford 115
The Hawai'i Supreme Court has recognized the continuing importance of Native Hawaiian custom and tradition as a background principle of modern Hawai'i law in such recent cases as Public Access Shoreline Hawaii v. Hawaii County Planning Commission (1995), Pele Defense Fund v. Paty (1992), and Kalipi v. Hawaiian Trust Company (1982). Although the Court's reliance on custom has been criticized as an illegitimate effort to diminish the property rights of private landowners, this talk will contend that it merely continues a practice that began with the earliest opinions of the Supreme Court of the Kingdom of Hawai'i and that reflects Hawai'i's unique status as the only U.S. State with a legal system that is directly descended from that of a non-European society.
Carl Christensen is a Visiting Assistant Professor of Law at the William S. Richardson School of Law. He was Senior Counsel on the Democratic staff of the U.S. Senate Committee on Indian Affairs from 2001 to 2004 and before that was a Staff Attorney with the Native Hawaiian Legal Corporation from 1991 until 2001. He received his J.D. from Harvard Law School in 1990 and also holds a Ph.D. in Zoology (University of Arizona 1978). From 1978 until 1985 he was a research zoologist at Bishop Museum, where his research activities included faunal analysis of Pacific Island land snails conducted in cooperation with the Museum's archaeology staff.
Posted: Wed - March 8, 2006 at 09:42 AM
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Published On: Mar 08, 2006 09:42 AM
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Published On: Mar 08, 2006 09:42 AM