A Collective Memory of Injustice: Reclaiming HawaiʻI's Crown Lands Trust in Response to Judge James S. Burns

39 U. Haw. L. Rev. 481 (2017)

55 Pages Posted: 9 Dec 2019

See all articles by D. Kapuaʻala Sproat

D. Kapuaʻala Sproat

University of Hawaii - William S. Richardson School of Law

Melody Kapilialoha MacKenzie

University of Hawaii at Manoa - William S. Richardson School of Law

Date Written: 2017

Abstract

This article interrogates the battle over the collective memory of injustice surrounding important events in Hawaiʻi’s history leading up to the 1893 illegal overthrow of the Hawaiian Kingdom and other wrongs committed against Native Hawaiians, as well as their implications for indigenous rights and justice struggles in Hawaiʻi. It underscores the importance of collective memory and addresses specific inaccuracies about Native Hawaiian entitlements to ancestral lands. It also deconstructs how Burns’ (the first article’s author) conflicting and erroneous framing of historical events undermines the legal basis for Native Hawaiian reparative action.

Keywords: Collective memory, Native Hawaiian rights, Native Hawaiian law, Indigenous rights, Indigenous law, restorative justice

Suggested Citation

Sproat, Dana and MacKenzie, Melody Kapilialoha, A Collective Memory of Injustice: Reclaiming HawaiʻI's Crown Lands Trust in Response to Judge James S. Burns (2017). 39 U. Haw. L. Rev. 481 (2017), Available at SSRN: https://ssrn.com/abstract=3491045

Dana Sproat (Contact Author)

University of Hawaii - William S. Richardson School of Law ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States
(808)956-7489 (Phone)

Melody Kapilialoha MacKenzie

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States

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