In the Shadow of Mauna Kea: Protecting Native Hawaiian Traditional and Customary Practices
Thursday, September 22, 2016
2:45 p.m. - 4:15 p.m. CDT
CM | 1.50
L | 1.50
The Hawai‘i Supreme Court’s recent decision in several controversial cases have further articulated the government’s affirmative obligation to preserve and protect rights, customarily and traditionally exercised for subsistence, cultural and religious lifestyles of native tenants. As a practical matter, what is the impact of this constitutionally protected right for government agencies, in particular those involved in planning? This course will provide a historic legal overview of the constitutionally protected rights of native tenants, including relevant Hawai‘i case law related to traditional and customary practices, and how it impacts land ownership in Hawai‘i today. The course will briefly discuss the role and importance of federal, state, and local environmental and historic preservation laws in relationship to traditional and customary practices.