Posted on: Tuesday, June 28, 2005

EDITORIAL
Native law center must reflect a range of views

The idea of a Native Hawaiian law center seems to fit comfortably within the mission of the William S. Richardson School of Law, partly because Richardson himself, who sits on the new center's board, played such a key role in codifying elements of Hawaiian culture in the statutes that guide Hawai'i today.

The former chief justice led a state Supreme Court that championed the principle of native rights to access lands and natural resources, a concept handed down from the annals of kingdom law.

Looking beyond the historical backdrop, however, the more pressing justification to establish the center lies in the need for a robust legal education on native rights. The proposal for the $600,000 federal grant specifies that the education would be directed not only to the law students themselves but to the Hawaiian community, and this is an important provision.

Both constituencies would gain from a broader understanding of indigenous rights, in all its complexities and contradictions. Even within Hawaiian common law there are various ideas, and the intersection of the state's case law and statutes with federal courts can set off all kinds of fireworks. This has been clear to anyone tracking landmark decisions such as Rice v. Cayetano, which put a stop to Hawaiian-only voting in state elections. Also, those with a personal or professional interest in native rights will benefit from the plans to offer courses on indigenous rights as they're understood in other places.

The new center will be a welcome addition to the UH law school, provided that the curriculum reflects all the nuances and does not arise from any single point of view.