An understanding of Hawaii’s unique legal history and context is critical to practicing law effectively in Hawaii. A lack of familiarity with important laws that ensure the protection of Native Hawaiian customs and traditions often leads to unnecessary delay, expense, and frustration for your clients. This course is designed to give attorneys an understanding of these laws that may affect a client’s private property rights, business concerns, and public development projects. A panel of experts will cover a brief history of the constitutional, statutory, and common law protections of native Hawaiian customs and traditions, followed by an overview of the current laws affecting water rights, customary rights, and historic property protection including burials. The last segment of the course will cover two real-life scenarios to show you how these laws are involved in everyday legal practice.
I. Historical Context
a. Traditional & Customary rights
b. Constitutional History
c. Creation of Hawaiian programs – DHHL & OHA
II. Current Legal Context/ Common Law and Statutes
a. Traditional & Customary rights case law (PASH, etc.)
b. Water rights
c. Burial Protections
III. Practical Scenarios
Melody K. Mackenzie, William S. Richardson School of Law, Honolulu
Williamson B.C. Chang, William S. Richardson School of Law, Honolulu
Alan T. Murakami, Native Hawaiian Legal Corp., Honolulu
Moses K.N. Haia, Native Hawaiian Legal Corp., Honolulu
Justice Robert G. Klein, McCorriston Miller Mukai MacKinnon, Honolulu
