• Prelude to martial law : security and the "Japanese problem"
• Final war planning for Hawaiʻi, 1939-1941 : martial law and selective internment
• Implementation of martial law and military government
• Life under general orders
• Control of labor
• "Drum-head justice" : the military courts and the suspension of habeas corpus
• An extreme degree of fear?
• Selective detention and removal
• Determining loyalty : review boards, questionnaires, and racial profiling
• The fate of the detainees
• Alarms and responses
• "Delineation" and restoration, 1942-1943
• The habeas corpus cases : internment on trial
• New habeas cases : the provost courts on trial
• Rising protests
• The termination of martial law
• The Duncan and White cases
• War's aftermath and the courts.

Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians-citizens and alien residents alike-to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective, " albeit preventive, detention. Army rule in Hawaii lasted until late 1944-making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime-and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.
(source: Nielsen Book Data)9780824852887 20161114

• Introduction: Wartime emergency powers and martial law
• Prelude to martial law : security and the "Japanese problem"
• Final war planning for Hawaiʻi, 1939-1941 : martial law and selective internment
• Implementation of martial law and military government
• Life under general orders
• Control of labor
• "Drum-head justice"? : the military courts and the suspension of Habeas Corpus
• "An extreme degree of fear"
• Selective detention and removal
• Determining loyalty : review boards, questionnaires, and racial profiling
• The fate of the detainees
• Alarms and responses
• "Delineation" and restoration, 1942-1943
• The Habeas corpus cases : internment on trial
• New Habeas cases : the provost courts on trial
• Rising protests
• The termination of martial law
• The Duncan and White cases --\tWar's aftermath and the courts
• Conclusion.

Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians-citizens and alien residents alike-to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective, " albeit preventive, detention. Army rule in Hawaii lasted until late 1944-making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime-and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.
(source: Nielsen Book Data)9780824852887 20170123

• Lands and sovereignty
• Individual land titles
• Natural resource rights
• Traditional and customary rights
• Resources for native Hawaiians.

• Kites
• Bibles
• Law books
• Codes
• Flags.

• Acknowledgements-- Rehabilitation-- Blood Quantum-- Thinking About Hawaiian Identity-- A Note to ReadersIntroduction: Got Blood?-- 1 Racialized Beneficiaries and Genealogical Descendants-- 2 "Can you wonder that the Hawaiians did not get more?": Historical Context for the Hawaiian Homes Commission Act-- 3 Under the Guise of Hawaiian Rehabilitation-- 4 "The Virile, Prolific, and Enterprising": Part-Hawaiians and the Problem with Rehabilitation-- 5 Limiting Hawaiians, Limiting the Bill: Rehabilitation Recoded-- 6 Conclusion: Sovereignty Struggles and the Legacy of the 50% Rule Notes-- Bibliography-- Index.
• (source: Nielsen Book Data)9780822340584 20160528

In 1921 the U.S. Congress officially defined 'Native Hawaiians' as those people 'with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778'. This 'blood logic' has since become an entrenched part of the Hawaiian legal system, determining access to land claims and tax exemptions. Blood quantum has also had a profound effect on cultural definitions of indigeneity, transforming notions of kinship and belonging among Native Hawaiians (Kanaka Maoli). "Hawaiian Blood" is an impassioned assessment of the far-reaching legal and cultural effects of the arbitrary correlation of blood and race imposed by the U.S. government on the indigenous peoples of Hawai'i.J. Kehaulani Kauanui demonstrates how blood quantum, a system originally intended to restore land to Native Hawaiians, has in fact undermined Kanaka Maoli sovereignty claims and become an extension of U.S. imperial power in Hawai'i. Within the framework of the fifty-percent rule, intermarriage 'dilutes' the number of state-recognized Native Hawaiians. Rather than supporting Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership.Moreover, as Kauanui explains, the exclusionary logic of blood quantum runs counter to inclusive Kanaka Maoli genealogical and kinship practices. In "Hawaiian Blood", Kauanui provides the first comprehensive history and analysis of how a federal law equating Hawaiian cultural identity with a quantifiable amount of blood was created. She emphasizes the ongoing significance of blood quantum: its criteria underlie recent court decisions regarding Hawaiian entitlements and new proposals for Hawaiians to gain status akin to tribal nations. Those proposals are subverting the Hawaiian sovereignty movement and bringing to the fore charged questions about who counts as Hawaiian.
(source: Nielsen Book Data)9780822340584 20160528

• Doe v. Kamehameha Schools : a "discrete and insular minority" in Hawaii seventy years after Carolene Products? / David Alan Ezra
• The Hawaiian usage exception to the common law : an inoculation against the effects of western influence / David M. Forman
• Doe v. Kamehameha Schools : the undiscovered opinion / Eric Grant
• "How missionaries thought : about property law, for instance" / Alfred L. Brophy.

• Land tenure at the eve of Western contact
• Before the Mahele
• The Mahele
• The government lands
• The transfer of lands from Kauikeaouli to Alexander Liholiho (1854-55)
• The passing of Alexander Liholiho (1863)
• In the matter of the estate of his Majesty Kamehameha IV (1864)
• The 1865 statute making the Crown lands inalienable
• The ascension of William Charles Lunalilo to the throne (1872)
• The transition between the Kamehameha line and Kalākaua's Keawe-a-heulu line
• Claus Spreckels, Princess Ruth Keelikolani, and the claim to a half
• Interest in the Crown lands
• The inalienable Crown lands (1865-93)
• 1887 Bayonet Constitution and the Reciprocity/Pearl-Harbor Treaty : preludes to overthrow
• Population, voting and citizenship in the Kingdom of Hawai'i
• The 1893 overthrow of the kingdom
• The Republic of Hawaii (1894-98)
• The 1895 Land Act
• Annexation by the United States (1898)
• The Crown lands during the territorial period (1898-1959)
• Liliuokalani v. United States (1910)
• The Hawaiian Homes Commission Act (1921)
• Statehood (1959 to present)
• The painful irony of Rice v. Cayetano (2000)
• The Kamehameha schools
• The other Ali'i trusts
• The British crown lands
• Claims of Ali'i descendants
• Summary and conclusions.

The 1846 Mahele (division) transformed the lands of Hawai'i from a shared value into private property, but left many issues unresolved. Kauikeaouli (Kamehameha III) agreed to the Mahele, which divided all land among the mo'i (king), the ali'i (chiefs), and the maka'ainana (commoners), in the hopes of keeping the lands in Hawaiian hands even if a foreign power claimed sovereignty over the Islands. The king's share was further divided into Government and Crown Lands, the latter managed personally by the ruler until a court decision in 1864 and a statute passed in 1865 declared that they could no longer be bought or sold by the mo'i and should be maintained intact for future monarchs. After the illegal overthrow of the monarchy in 1893, Government and Crown Lands were joined together, and after annexation in 1898 they were managed as a public trust by the United States. At statehood in 1959, all but 373,720 acres of Government and Crown Lands were transferred to the State of Hawai'i. The legal status of Crown Lands remains controversial and misunderstood to this day. In this engrossing work, Jon Van Dyke describes and analyzes in detail the complex cultural and legal history of Hawai'i's Crown Lands. He argues that these lands must be examined as a separate entity and their unique status recognized. Government Lands were created to provide for the needs of the general population; Crown Lands were part of the personal domain of Kamehameha III and evolved into a resource designed to support the mo'i, who in turn supported the Native Hawaiian people. The question of who owns Hawai'i's Crown Lands today is of singular importance for Native Hawaiians in their quest for recognition and sovereignty, and this volume will become a primary resource on a fundamental issue underlying Native Hawaiian birthrights.
(source: Nielsen Book Data)9780824832117 20160528

• Land tenure at the eve of Western contact
• Before the Mahele
• The Mahele
• The government lands
• The transfer of lands from Kauikeaouli to Alexander Liholiho (1854-55)
• The passing of Alexander Liholiho (1863)
• In the matter of the estate of his Majesty Kamehameha IV (1864)
• The 1865 statute making the Crown lands inalienable
• The ascension of William Charles Lunalilo to the throne (1872)
• The transition between the Kamehameha line and Kaläkaua's Keawe-a-heulu line
• Claus Spreckels, Princess Ruth Keelikolani, and the claim to a half
• Interest in the Crown lands
• The inalienable Crown lands (1865-93)
• 1887 Bayonet Constitution and the Reciprocity/Pearl-Harbor Treaty : preludes to overthrow
• Population, voting and citizenship in the Kingdom of Hawaii
• The 1893 overthrow of the kingdom
• The Republic of Hawaii (1894-98)
• The 1895 Land Act
• Annexation by the United States (1898)
• The Crown lands during the territorial period (1898-1959)
• Liliuokalani v. United States (1910)
• The Hawaiian homes Commission Act (1921)
• Statehood (1959-present)
• The painful irony of Rice v. Cayetano (2000)
• The Kamehameha schools
• The other Alii trusts
• The British crown lands
• Claims of Alii descendants
• Summary and conclusions.

The 1846 Mahele (division) transformed the lands of Hawai'i from a shared value into private property, but left many issues unresolved. Kauikeaouli (Kamehameha III) agreed to the Mahele, which divided all land among the mo'i (king), the ali'i (chiefs), and the maka'ainana (commoners), in the hopes of keeping the lands in Hawaiian hands even if a foreign power claimed sovereignty over the Islands. The king's share was further divided into Government and Crown Lands, the latter managed personally by the ruler until a court decision in 1864 and a statute passed in 1865 declared that they could no longer be bought or sold by the mo'i and should be maintained intact for future monarchs. After the illegal overthrow of the monarchy in 1893, Government and Crown Lands were joined together, and after annexation in 1898 they were managed as a public trust by the United States. At statehood in 1959, all but 373,720 acres of Government and Crown Lands were transferred to the State of Hawai'i. The legal status of Crown Lands remains controversial and misunderstood to this day. In this engrossing work, Jon Van Dyke describes and analyzes in detail the complex cultural and legal history of Hawai'i's Crown Lands. He argues that these lands must be examined as a separate entity and their unique status recognized. Government Lands were created to provide for the needs of the general population; Crown Lands were part of the personal domain of Kamehameha III and evolved into a resource designed to support the mo'i, who in turn supported the Native Hawaiian people. The question of who owns Hawai'i's Crown Lands today is of singular importance for Native Hawaiians in their quest for recognition and sovereignty, and this volume will become a primary resource on a fundamental issue underlying Native Hawaiian birthrights.
(source: Nielsen Book Data)9780824832117 20160528

• Aquifers, streams, and things
• Hawaiian mythology and social structure
• Land and water in the kingdom of Hawai'i
• Traditional and customary rights on private property
• Water law in Hawai'i
• The Waiahole ditch controversy
• Water and the future.

Water and the Law in Hawai'i provides an intellectual and legal framework for understanding both the past and future of Hawai'i's freshwater resources. It covers not only the kanawai (laws) governing the balancing act between preservation and use, but also the science of aquifers and streams and the customs and traditions practiced by ancient and present-day Hawaiians on the 'aina (land) and in the wai (water). In placing Hawai'i water law in the context of its historical development, the author condenses an enormous amount of information on traditional Hawaiian social structure and mythology. His analysis and explanation of the Hawai'i Supreme Court decisions on water rights pose difficult questions and reveal the Court's at times defective reasoning by referring readers to original source material. He is the first author to explain fully how water use permits will play out in a variety of circumstances that may arise in the future, and he discusses the interrelationship between the State Water Code and the common law on water rights, which few people understand or are aware of. Water and the Law in Hawai'i is a vital contribution to understanding water law in Hawai'i. It will prove invaluable to students of the subject and will appeal to those with an interest in cultural anthropology, planning, Hawaiian history, and political science.
(source: Nielsen Book Data)9780824828110 20160528

Are you "at sea" when it comes to wills, trusts, probate, taxes? You are not alone. For the past ten years, lawyer and Honolulu Advertiser columnist David Larsen has provided sound answers and advice to thousands of people asking such questions as: "What happens if I die without a will?" "Does the State take it all?" "How can I avoid probate?" "Will my kids have to sell the house to pay the inheritance tax?" "Will the State pay for my stay at a nursing home?" Here you will find the answers to these and many other questions in plain, easy-to-understand language. You will not only learn about how the law affects you, but also see what others have done and learn from their mistakes. Often entertaining and always informative, Death and Taxes is your guide to overcoming the nemeses of taxes and probate.
(source: Nielsen Book Data)9780824826123 20160528

• Introduction
• Judicial review of legislation
• The judicial path to social change
• Judicial policy-making opportunities
• Extrajudicial policy-making opportunities
• Conclusion.

• LIST OF ILLUSTRATIONS ix ACKNOWLEDGMENTS xi A NOTE ON LANGUAGE AND TERMINOLOGY xiii ONE Introduction 3 PART ONE: ENCOUNTERS IN A CONTACT ZONE: NEW ENGLAND MISSIONARIES, LAWYERS, AND THE APPROPRIATION OF ANGLO-AMERICAN LAW, 1820-1852 TWO The Process of Legal Transformation 35 THREE The First Transition: Religious Law 63 FOUR The Second Transition: Secular Law 86 PART TWO: LOCAL PRACTICES OF POLICING AND JUDGING IN HILO, HAWAI'I FIVE The Social History of a Plantation Town 117 Six Judges and Caseloads in Hilo 145 SEVEN Protest and the Law on the Hilo Sugar Plantations 207 EIGHT Sexuality, Marriage, and the Management of the Body 221 NINE Conclusions 258 APPENDIXES A CASES FROM HILO DISTRICT COURT 269 B ACCOMPANYING TABLES 325 NOTES 331 REFERENCES 349 INDEX 365.
• (source: Nielsen Book Data)9780691009322 20160528

How does law transform family, sexuality, and community, in the fractured social world characteristic of the colonizing process. This book examines 100 years of court records from a small Hawai`ian town, highlighting changes in every day social life, and the cultural power of law.
(source: Nielsen Book Data)9780691009315 20160528
How does law transform family, sexuality, and community in the fractured social world characteristic of the colonizing process? The law was a cornerstone of the so-called civilizing process of nineteenth-century colonialism. It was simultaneously a means of transformation and a marker of the seductive idea of civilization. Sally Engle Merry reveals how, in Hawai'i, indigenous Hawaiian law was displaced by a transplanted Anglo-American law as global movements of capitalism, Christianity, and imperialism swept across the islands. The new law brought novel systems of courts, prisons, and conceptions of discipline and dramatically changed the marriage patterns, work lives, and sexual conduct of the indigenous people of Hawai'i.
(source: Nielsen Book Data)9780691009322 20160528

This text describes the essential information needed by individuals and their families or partners who face serious issues such as declining health and the need for long-term care, appropriate legal and financial planning, and dealing with death, bereavement and grief. In straightforward language, the authors discuss basic legal, financial and healthcare preparations, including information about lawyers and how they can help you in planning your future, drawing up a valid will, probate, executing a durable power of attorney, eligibility requirements for Medicare, Medicaid and other state and federal medical assistance programmes.
(source: Nielsen Book Data)9780824818883 20160527