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Supreme Court of Hawaii Blog (Unofficial)

News and commentary about the Supreme Court of Hawaii and other legal issues

Post Frequency: 4.3/day

Last Entry: January 08, 2009 at 14:29:00

9th Circuit unveils new website

Posted on January 08, 2009
http://www.ca9.uscourts.gov/

Check out Hawaii Legal News

Posted on December 26, 2008
Please check out Hawaii Legal News for excellent analysis of the latest appellate opinions from the Intermediate Court of Appeals and Supreme Court of Hawai`i:http://hawaiiopinions.blogspot.com/

Exercise of eminent domain authority in Hawai`i just got a little trickier

Posted on December 24, 2008
The power to condemn land is one of the strongest powers to be exercised by state and county government. The Supreme Court's 3-2 ruling today may cause government officials to be redouble their efforts to be certain that the power is exercised appropriately, as it is now clear that incomplete condemnation actions may lead to damage claims by property owners and that the government will need to show that its asserted public purpose isn't "pretextual...

The State's budgetary duties just got even trickier

Posted on December 24, 2008
The Hawaii House Blog reports that the Supreme Court has ruled against the State's practice of depositing fee revenues into the General Fund:Supreme Court rules on Legislative Fee TransferAlthough the case dealt with the $3.5-million transfer of insurance-industry fees, the impacts could call into question the validity of tens of millions of dollars in the General Fund.

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Pacific Legal Foundation fights coastal-protection regulation

Posted on December 22, 2008
The conservative public interest law firm Pacific Legal Foundation currently has its sights set on the California Coastal Commission:http://coastalhorrors.orgWill PLF's attention next turn to Hawai`i's regulatory framework of coastal protections?Founded in 1973 by Edwin Meese (who went on to run the Reagan Justice Department), PLF is one of the most active and successful legal organizations in challenging both civil rights legislation and environmental regulation, as reported by Bill Berkowitz two years ago:http://www...

Conform or be cast out

Posted on December 19, 2008
Robert Thomas reports on today's ICA opinion on the law of nonconforming uses:br /br /a href="http://www.inversecondemnation.com/inversecondemnation/2008/12/hawaii-appeals-court-lets-go-surfin-now-everybodys-learning-how.html"Hawaii Appeals Court: Let's Go Surfin' Now, Everybody's Learning How...

Live blog of this morning's Superferry oral argument is about to begin

Posted on December 18, 2008
a href="http://www.inversecondemnation.com/inversecondemnation/live-blog-superferry.html"http://www.inversecondemnation.com/inversecondemnation/live-blog-superferry.html/a

New Kaua`i prosecuting attorney interviewed on KGMB

Posted on December 16, 2008
Meet Shaylene Iseri-Carvalho:http://kgmb9.com/main/index.php?option=com_content&task=view&id=12443&Itemid=108(Mahalo to Planet Kauai for the link.)

Lack of clarity in law caused problem regarding holdover UH regents?

Posted on December 09, 2008
The Supreme Court chides the Governor, but Planet Kauai chides the Legislature:State Supreme Court should not have ordered the governor to replace UH RegentsWhat the court should have done was tell the legislature to write better laws, because this one has a hole in it.

For Real - 9th Circuit has no love

Posted on December 02, 2008
You want to know how you can tell when the Ninth Circuit doesn't like you? When it, inter alia, starts issuing published opinions that (1) reverse your judgments, (2) without the need for oral argument, (3) in two brief paragraphs, and (4) that further remand the case to a different judge...

Medical marijuana: "nothing more than a ruse for drug dealers"

Posted on December 01, 2008
That's the pronouncement from Republican George Fontaine, who lost his race for a seat in the Hawai`i Legislature last month:Yes we cannabis?

Surpeme Court of Hawai`i limits forfeiture power

Posted on November 28, 2008
Here's the Nov. 17 opinion in Carlisle vs. One (1) Boat:http://www.state.hi.us/jud/opinions/sct/2008/26995.pdf(Hat tip to Hawaiioceanlaw.com.)

go! going Aloha

Posted on November 28, 2008
Beat of Hawaii has the story:Stranger things have happened, I guess, but this one is up there. After allegedly stealing their information, and at least in part helping push them out of business, Mesa now plans to be the new Aloha Airlines.

Attorney Robert Harris to lead Sierra Club of Hawai`i

Posted on November 28, 2008
Here's last week's Star-Bulletin article:Sierra Club taps attorney as new Hawaii directorThere's apparently no information about Harris, who has been practicing with a corporate law firm, yet on the Sierra Club website:Sierra Club, Hawaii ChapterHarris replaces Jeff Mikulina, who now runs the Blue Planet Foundation:Blue Planet Foundation

"ICA"

Posted on November 17, 2008
Planet Kauai reports today:Yesterday's Star-Bulletin featured an informative piece on Hawaii's appellate courts, especially the Intermediate Court of Appeals whose influence has grown, according to the article, after a 2006 change in appellate procedure made the ICA the principal body charged with resolving appeals and made the Supreme Court mainly a court of discretionary review...

Want to serve on the Supreme Court of Hawai`i?

Posted on November 13, 2008
Get your application in to the Judicial Selection Commission by Nov. 17.

In first decision of term, U.S. Supreme Court rules for Navy and against whales in sonar case

Posted on November 13, 2008
Court rules for Navy in sonar use

Bush loyalist wants to stay as U.S. Attorney under Obama

Posted on November 07, 2008
It's not going to happen.But the Star-Bulletin seems to think it might:http://www.starbulletin.com/news/20081107_US_attorney_wants_to_keep_post.htmlThe Star-Bulletin also assumes that the Clinton-endorsing Sen. Dan Inouye will play "a key role" in selecting the new U...

Divided federal appeals court OKs legislative prayer

Posted on October 29, 2008
Crowe v. Cobb County, Ga. (11th Cir., Oct. 28, 2008) (.pdf)The U.S. Supreme Court will probably need to act to ultimately resolve the controversy.The Supreme Court of Hawai`i has not been called upon to address the issue.

Superferry Heads Back to State Supreme Court

Posted on October 15, 2008
State Supreme Court to hear Superferry law challenge

Legendary Levinson Leaves Liberal Legacy

Posted on October 15, 2008
From the Star-Bulletin:High court justice will be stepping downJustice Levinson is a committed civil libertarian who opined that the State's prohibition on same-sex marriage violated the Equal Rights Amendment and that marijuana-possession prosecutions violated the right to privacy.

Navy v. Marine Mammals at U.S. Supreme Court

Posted on October 09, 2008
Insanity at Sea: Navy SonarUS Supreme Court weighs national security, whale welfareSave the Whales, or the U.S. Navy Sonar? - Case Before the Supreme Court Pits Marine Life Against Technology

U.S. Supreme Court agrees to hear Hawai`i v. Office of Hawaiian Affairs

Posted on October 02, 2008
OHA's statement (10-1-08):http://oha.org/pdf/081001scotus-response.pdfState Attorney General's statement (10-1-08):http://hawaii.gov/ag/main/press_releases/2008/2008-37.pdfState Supreme Court opinion (1-31-08):http://www.state.hi.us/jud/opinions/sct/2008/25570...

Court's view of discipline of children criticized

Posted on September 27, 2008
From The Online Lunchpail ? today:It's been a good year for dominionist wingnuts who think children are their property to batter. In the spring, the Minnesota Supreme Court legalized the merciless beating of children.Now the Hawaii Supreme Court has followed suit...

Water Commission orders East Maui stream restoration

Posted on September 27, 2008
Today's Maui News article:Panel orders water into streamsCommission on Water Resource Management website:http://www.state.hi.us/dlnr/cwrm/

Stop Rail Now stopped by Intermediate Court of Appeals

Posted on September 23, 2008
Here's today's ruling:http://www.state.hi.us/jud/opinions/ica/2008/ica29354ord.pdfOn to the Supreme Court?

Slow year for Office of Information Practices advisory opinions

Posted on September 23, 2008
The OIP provides advice on open government to state and county boards. So far, only two advisory opinions have been issued in 2008. Since it first started issuing advisory opinions in 1989, the OIP has always issued at least three per year (usually many more)...

Shawn Ching leaving TV to practice law

Posted on September 16, 2008
That's the story, according to Rich Fewell.

Paper prevails

Posted on September 16, 2008
Ninth Circuit says lower court can't mandate electronic filing.

Kitty goes to court

Posted on September 16, 2008
more animals

Interesting schedule of oral arguments next month

Posted on September 15, 2008
Some cases will be argued at the law school. Eminent domain will be the topic of another case. Here's the October schedule of oral arguments from the Judiciary:http://www.courts.state.hi.us/page_server/Courts/Oral%20Arguments/66C974068067672111C4361B0F...

Handy rundown of cases on parental abuse or non-abuse

Posted on September 15, 2008
From today's Star-Bulletin:http://starbulletin.com/2008/09/14/news/story01.html

Right to dance at issue in Pennslyvania & Hawai`i

Posted on September 05, 2008
The ACS blog has the story from the Keystone State:http://www.acsblog.org/bill-of-rights-pa-town-denies-permit-for-dance-studio-sparking-first-amendment-lawsuit.htmlThe Maui Weekly has the local story:http://www.mauiweekly.com/localnews/story7391.aspx

ConCon costs: who do you trust?

Posted on September 05, 2008
The LG task force - largely comprised of Republican politicians - says a ConCon would be cheap, maybe a couple of million bucks. Some observers say LG Aiona is eager to tout a ConCon because he wants to scale back labor and civil rights in the existing Hawai`i Constitution...

"Lambda Legal Wins in Hawaii"

Posted on September 03, 2008
Ravenhurst reports:Lambda Legal sued the University of Hawaii in the spring of 2008 for denying couples housing to Phi Ngo and Joseph O?Leary. Phi and Joseph had lived in couples before but when they reapplied they were denied. The University said only couples married under Hawaii law of one man and one woman could live in university couple housing...

Plastic bags could be history

Posted on August 26, 2008
http://starbulletin.com/2008/08/26/business/story02.html

"Confederate Flags, Christian Textbooks, and Native Hawaiians"

Posted on August 18, 2008
That's the headline of last Thursday's "roundup" from the School Law Blog.

The Healthy Lawyer is back in Pittsburgh . . .

Posted on August 18, 2008
. . . after eight days in Hawai`i.

Say aloha to Judge Kawano

Posted on August 07, 2008
Senate Approves Kelsey Kawano as Maui District Court Judge

"Hawaiian school?s admission fight back in court"

Posted on August 07, 2008
From the SCOTUS Blog:The six-year running battle over the admissions policy of a highly regarded private school in Hawaii ? the Kamehameha Schools ? is back in the courts, with one side specifically aiming for an ultimate test in the Supreme Court.

City Council seat sought by Bainum still may have legal cloud

Posted on August 07, 2008
Derrick DePledge reports that longtime union leader George Waialeale - who withdrew his nomination papers after Kirk Caldwell apparently filed his - wants back in.

A thoughtful look at the 9th Circuit . . .

Posted on August 06, 2008
. . . by Cyrus Sanai in the current L.A. Weekly:Ninth Circuit Court Retreats to Idaho

Attorneys lead delegation of Filipino Americans from Hawai`i to Phillipines

Posted on July 29, 2008
ABS-CBN News Online reports today on April's visit to Manila by attorneys Benjamin J. Cayetano, Ron Menor, Mario Ramil, and Artemio Baxa and other prominent members of the Filipino community:Triumphant homecoming of Fil-Ams in Hawaii

"Waiver and Ineffective Assistance of Counsel--when to Raise it."

Posted on July 21, 2008
Ben Lowenthal analyzes a recent ICA opinion:Rule 40 and Retroactivity Revisited

Aunty Hattie rants about a possible Obama Supreme Court nominee

Posted on July 21, 2008
They are going to get away with it, again.As I read around about Sunstein, the word that keeps popping into my mind is "craven." I knew people like him in college. Go along to get along was ever their strategy.

Another special legislative session this summer to consider Maui judicial nominee

Posted on July 15, 2008
Kelsey Kawano

Update: Case of strip-searched teen allowed to proceed

Posted on July 12, 2008
That's the word today, as a 9th Circuit en banc panel rebukes the prior opinion of Hawai`i-based, Bush-appoinnted Judge Richard Clifton.Here are previous posts on the case:13-year-old honor student strip searched as authorities look for . . . ibuprofen (Sept...

No races for prosecutor?

Posted on July 12, 2008
That's the case so far, with only 11 days left to file.

"Hawaii law explicitly prohibits discrimination based on sexual orientation . . .

Posted on July 06, 2008
. . . in employment, public accommodations and housing."That's a reminder from the Human Rights Campaign, via a post at Pam's House Blend on the federal government's existing and proposed faith-based programs:[I]f my employer is an evangelical Christian who has religious objections to homosexuality, she can fire me if she finds out that I'm gay...

Big Business Wins at the High Court

Posted on July 01, 2008
That's the end-of-session conclusion from D.C. appellate experts.

Congressman Abercrombie has a blog

Posted on June 27, 2008
And he's using it to tout funding for both police and inmates:This past Wednesday U.S. Representative Neil Abercrombie made headway in acquiring funds to aid Hawaii?s growing needs. The U.S House Appropriations Committee approved two more of the twelve 2009 spending bills that are aimed at aiding Hawaii?s commerce, research and development, and alternate energy sources...

Gov. Lingle releases list of potential vetoes

Posted on June 24, 2008
Potential Vetoes

CLE on the Superferry?

Posted on June 06, 2008
That's what Disappeared News says may be in the works.

Maui loses solid legal/investigative reporter Anthony Pignataro to O`ahu

Posted on June 05, 2008
Here's his announcement via Twitter:http://twitter.com/apignataro/statuses/827024495And here's his announcement via podcast:http://www.mauitime.com/Podcast-13715.112113_Untitled.htmlIt's going to be O`ahu's gain - well, except for any corrupt or mean-spirited officials there...

Denied the right to marry in Hawai`i, George Takei and his partner will marry in California

Posted on June 05, 2008
The wedding site will be the Japanese American National Museum, according to the Hawaii Herald. The museum is run by Irene Hirano, U.S. Sen. Dan Inouye's new wife.

"Arbitrator finds chaperon responsible for teen?s death"

Posted on June 02, 2008
From The Maui News:A $1.15 million arbitrated award has been ordered for the family and estate of an 18-year-old New Jersey cheerleader who fell to her death from the ninth-floor balcony of a Kaanapali hotel in 2004.

California Supreme Court blesses Matsumura family

Posted on June 02, 2008
From The Progressive:By Ken and Molleen MatsumuraOur daughter, Elly, married her partner, Janelle, in San Francisco in 2004. But until the court ruled on May 15 that their union was constitutional, Elly did not have equal rights in America.* * *All loving parents hope to see their child secure in the love of their chosen partner in life, if the child chooses to marry...

Conviction for inattention to driving overturned

Posted on May 30, 2008
There was no collision and thus no crime, the Supreme Court said today.

Maui Talk: a modest proposal on marriage

Posted on May 17, 2008
Just end it.

Supreme Court of California acknowledges work of Supreme Court of Hawai`i re same-sex marriage

Posted on May 15, 2008
See footnote 20 on page 34 of today's decision striking down California's ban on same-sex marriage.

At request of The Nature Conservancy & Legislature, State & Kamehameha Schools continue to kill animals; Hawaiian Humane Society doesn't object

Posted on May 12, 2008
State-regulated pig hunts may expandHunters in the control hunt area can use dogs, bows and arrows, and knives. . . The state Legislature, environmental groups and others want the DLNR to control feral pigs more aggressively. More pigs have come into residential neighborhoods in recent years as more homes have been built in forests...

"Reinstated Hawaiian Kingdom on Trial"

Posted on May 12, 2008
From the New Zealand-based "Have a Say" blog:Reinstated Kingdom of Hawaii possible

Happy Law Day!

Posted on May 01, 2008
A list of upcoming related events is available from the Advertiser.

State seeks U.S. Supreme Court review of ceded lands case

Posted on April 30, 2008
Bennett says Supreme Court of Hawai`i gave too much weight to Apology Resolution.

Shield law passes

Posted on April 30, 2008
Derrick DePledge has the story.The Reporters Committee for Freedom of the Press provides background.

Hawaiian activists ask Mainland liberals & leftists to oppose Akaka Bill

Posted on April 21, 2008
From a special edition of The Nation:Hawaii Needs You

"Famous Are the Flowers"

Posted on April 21, 2008
"Hawaiian Resistance Then--and Now"

CJ facing forced retirement in two years

Posted on April 21, 2008
Bill to save Hawaii Chief Justice Moon founders

Bush's top attorney wants government lawyers to help the poor; Lingle's doesn't

Posted on April 20, 2008
From today's Star-Bulletin:Justice for all?� For the poor, the door to justice is opening slowly� A study detailing the shortage of affordable legal services has triggered steps to fill the needThe federal Department of Justice encourages its attorneys to do pro bono work that does not conflict with their official duties...

Is it a fee or a tax?

Posted on April 16, 2008
That was the question in a ruling issued Monday by the State Intermediate Court of Appeals in a case regarding assessments imposed by the State executive branch. The State Insurance Commission has been imposing assessments on insurance companies to pay for the cost of regulating them...

Applicants sought for the Disciplinary Board of the Supreme Court of Hawai`i

Posted on April 14, 2008
Lawyer and non-lawyer applicants are sought. The application deadline is May 15.

When is supplemental environmental review required?

Posted on April 11, 2008
Listen to the debate at the Intermediate Court of Appeals (4/9/08):http://www.state.hi.us/jud/oa/08/ICAOA_040908_28602.mp3

Congress looks into Hawai`i's air-travel woes

Posted on April 11, 2008
"Hawaii?s Congressional Delegation comes out strong to expose unfair competition in Hawaii?s skies by Mesa Air Group"

"The Second Chance Act: A First Step Forward to Curb Recidivism"

Posted on April 09, 2008
http://www.alternet.org/rights/81512/

The hunt is on

Posted on April 07, 2008
The Nature Conservancy is forging ahead with its plan to hire professional hunters to kill deer, goats, and pigs on several islands.But is the large-scale killing of wild animals a legal form of conservation?And do donors to The Nature Conservancy realize that they're supporting professional hunters?

Hawai`i and Maui counties consider development plans

Posted on April 06, 2008
Hunter Bishop blogs about the draft Puna Community Development Plan.Ilima Loomis blogs about the draft Maui Island Plan.

Sustainability Law Blog

Posted on March 22, 2008
http://www.sustainabilitylawblog.com/

Republican governor protects rule of law (and taxpayers) from assault by Democratic legislature

Posted on March 21, 2008
Gov. Lingle vetoed a bill that would've required county taxpayers to fund the legal representation of a police officer who, for example, plotted with terrorists to blow up Waikiki or with organized crime to assassinate the police chief. Indeed, an officer who personally committed those acts would be provided representation...

Another drug-testing program struck down

Posted on March 20, 2008
Lanier v. City of Woodburn (9th Cir. - March 13, 2008)

Sen. Inouye & FCC get their wish: Supreme Court to take up indecency case

Posted on March 18, 2008
The U.S. Supreme Court will consider its first indecency case in 30 years, at the urging of the Federal Communications Commission (which was asked to take the case all the way to the top of the judicial system by U.S. Senator Daniel Inouye of Hawai`i).

Ballot access at issue

Posted on March 17, 2008
Richard Winger reports:The U.S. District Court in Hawaii held a trial all day March 10, and part of the day March 11, in Nader v Cronin. The issue is the state?s arbitrary method for determining whether a signature on a ballot access petition is valid or not...

Mauians get to continue to enjoy plastic bags

Posted on March 16, 2008
Maui County Council committee declines to endorse proposed ban on plastic bags.

Texas-style "tort reform" is dead again

Posted on March 16, 2008
Bill goes back to committee; issue goes to Legislative Reference Bureau for study.And "progressive" politician and attorney Della Au Bellati laments the fate of insurance companies on the floor of the House of the Representatives:"This motion to recommit is a motion to stifle debate and consideration," said state Rep...

Another Hawai`i politician who envies the Texas legal system

Posted on March 13, 2008
Rep. Josh Green, M.D., is continuing his fight to have Hawai`i mimic the Lone Star State's discredited tort-reform legislation.Reps. Rhoads, Shimabukuro, and Tokioka are not following the doctor's advice.

New blog on local-government law

Posted on March 13, 2008
International Municipal Lawyers Association

Gay couple sues UH over housing

Posted on March 11, 2008
by 365Gay.com Newscenter Staff today:University of Hawaii student Joseph O'Leary and his same-sex partner Phi Ngo have filed suit against the University of Hawaii, alleging the school violated their civil rights by refusing to allow them to live in married student housing on campus.

Governor seeks to move Hawai`i to the right on criminal justice

Posted on March 09, 2008
Lingle [who is seeking to put more prosecutors on the bench] said the voters elected her partly because they wanted "someone who put the rights of victims ahead of the rights of criminals."This shouldn't be a surprise. Attorney General Mark Bennett, appointed by Gov...

Judges may be able to serve until age 80

Posted on March 04, 2008
From today's Star-Bulletin:Senate lawmakers are expected to approve a measure that would let voters decide whether to raise the mandatory retirement age for judges as the Legislature approaches its first major deadline of the 2008 session.

"Indigenous Groups Express Concerns On IP Protection Of Their Knowledge"

Posted on March 04, 2008
From Intellectual Property Watch:Le?a Malia Kanehe, a Native Hawaiian and legal analyst for the Indigenous People?s Council on Biocolonialism (IPCB), used genetic resources as an example: many people interpret indigenous calls for participation as meaning they want a hand in the commercialisation of genes extracted from their native lands, she said, but this is missing the point...

Attorney/Legislator/Blogger Maile Shimabukuro

Posted on March 03, 2008
http://maile45.blogspot.com/

Status of federal and state reporter shield legislation

Posted on March 03, 2008
Federal:Last October, the House of Representatives passed the sorely-needed Free Flow of Information Act (a "reporter shield law") for journalists pressured to reveal confidential sources. The version that cleared the Senate Judiciary Committee, however, has languished without a floor vote...

Federal court requires Department of Education to fulfill obligations to homeless kids

Posted on February 26, 2008
From an ACLU press release:?The DOE?s disregard of the McKinney-Vento Act has virtually guaranteed that the poor and homeless children of Hawaii will become poor and homeless adults,? said William Durham, an attorney with Lawyers for Equal Justice. ?The DOE has ignored these problems for years, and it is deplorable that these children needed a court order from a federal judge for the DOE to do the right thing and comply with the law...

Councils get "tough" on pandhandlers; all taxpayers eventually forced to pay up?

Posted on February 26, 2008
The Honolulu City Council and the Hawai`i County Council are cracking down on "agressive panhandling." But they're also likely violating the free-speech guarantees of the state and federal constitutions. Thus, they're probably heading down a path that will eventually lead to court losses, just like what happened to the City of Las Vegas in 2006...

Walter Dods advises Superferry opponents

Posted on February 26, 2008
"Get over it," he says, in Scalia-like fashion.

Message to 9th Circuit litigators

Posted on February 21, 2008
From the 9th Circuit via California Appellate Report:Henceforth, we expect that litigants in this circuit will clearly understand that if we modify or reverse a judgment with a direction that a money judgment be entered in the district court, our mandate must contain instructions about the allowance of post-judgment interest...

Attorney Rick Fried speaks about the death of baby Michael Futi at HNL . . .

Posted on February 21, 2008
. . . on ABC Radio Australia.

Oral arguments in the Supreme Court tomorrow morning

Posted on February 21, 2008
After guiding Barack Obama to a win in Hawai`i's Democratic caucus earlier this week, Andy Winer and his firm will be at the Supreme Court at 9 tomorrow morning.

"3 finish mental health court"

Posted on February 21, 2008
From today's Star-Bulletin:Circuit Judge Michael Wilson called it a "celebration of therapeutic justice."Oahu's mental health court discharged its first three graduates during ceremonies yesterday in the state Supreme Court's courtroom.Wilson, who presided over the ceremony, is the mental health court's presiding judge.

"Socially responsible sweethearts"

Posted on February 14, 2008
The IntLawGrrls blog has some last-minute thoughts.

Naomi Fujimoto's pre-law journey

Posted on February 12, 2008
Naomi Fujimoto: Helping Future Lawyers

Hawai`i State Law Library System . . .

Posted on February 10, 2008
. . . has updated its website.

Sentencing Law and Policy Blog looks at Hawai`i

Posted on February 08, 2008
Hawaii still dealing with Apprendi fix and fall-out

Is Texas-style "tort reform" the cure for rural healthcare woes?

Posted on February 08, 2008
Yes, says The Maui News today:Fears of lawsuits drive out doctorsNo, says the Texas Observer last fall:Rural Texas is still waiting for the doctors tort reform was supposed to deliver.The Legislature is considering legislation offered by Rep. Josh Green...

Aloha, res gestae doctrine

Posted on February 08, 2008
In this case, aloha means goodbye.

"Ninth Circuit Practitioners: Time To Sign Up For Electronic Notifications"

Posted on February 08, 2008
"It?s time for all appellate practioners to join the Ninth Circuit as it strides into the 20th Century by taking the first step toward electronic case management and filings."

"Is there a difference between Cockfighting and Dogfighting? (or Bullfighting?)"

Posted on February 08, 2008
The Sports Law Blog takes a look at the recent entanglement of sports, culture, and animal cruelty.

Shaylene Iseri-Carvalho to run for Kaua`i County prosecutor?

Posted on February 08, 2008
She's pulled papers, but hasn't filed yet.A graduate of the William S. Richardson School of Law, Iseri-Carvalho is currently a member of the Kaua`i County Council.

Another update on plastic bags:

Posted on February 06, 2008
"Plastic Patch in Pacific Grows to Twice Size of U.S.""city Department of Environmental Services Director Eric S. Takamura told council members he sees no litter problem related to plastic bags"House committee to vote on State legislation (HB 2434) tomorrow.

Legal victory for whales

Posted on February 04, 2008
Judge: Bush Can't Exempt Navy in Sonar

Update: plastic bags on their way out?

Posted on February 03, 2008
As previously reported, there's a growing movement (locally and globally) to limit the use of plastic bags, by law and by persuasion:The scourge of plastic bagsNo mo' plastic bags . . . in Pa`ia, San Francisco, elsewhere?Here's the latest news on the subject:The Kokua Hawai`i Foundation reports on pending legislation at the Honolulu City Council and on a community project in Hale`iwa...

Shieldin' ain't easy

Posted on February 03, 2008
News and opinion on the Legislature's challenge of devising a good reporters' shield law in the blogger era:Jerry BurrisPlanet Kaua`iHawai`i House BlogAssociated PressPoinography!

"U.S. Supreme Court Justice Stephen Breyer to participate in UH Law School public forum"

Posted on February 03, 2008
On Thursday at 11:30 a.m., Professor Jon M. Van Dyke will moderate a panel discussion at the University of Hawai`i at Manoa entitled "Doe v. Kamehameha Schools: A ?Discrete and Insular Minority? in Hawai`i 70 years after Carolene Products?" Justice Stephen Breyer, Judge David Ezra, Professors David Forman and Kathleen Sullivan, and attorney Eric Grant will participate.

Citing U.S. Apology Resolution, Supreme Court orders injunction against sale of ceded lands

Posted on February 01, 2008
Here's Chief Justice Moon's 93-page opinion for a unanimous Court in OHA v. HCDCH yesterday:http://www.state.hi.us/jud/opinions/sct/2008/25570.pdfCongratulations to winning attorneys Sherry Broder, Jon Van Dyke, Melody Mackenzie, William Meheula, and Hayden Aluli.

Update: Rehearing granted in case of strip-searched honor student

Posted on January 31, 2008
As reported here in September, Judge Richard Clifton of Hawai`i (an appointee of President George W. Bush) wrote a majority opinion for the U.S. Court of Appeals for the Ninth Circuit concluding that it wasn't unconstitutional for authorities to strip-search a 13-year-old girl suspected of possessing ibuprofen...

Justice Breyer follows the sun

Posted on January 30, 2008
He's heading to Hawai`i and Arizona next month.

So how many actual Hawai`i litigators are there?

Posted on January 30, 2008
Considering there were just 16 civil jury trials in the state last year.Some self-described "litigators" could perhaps be more aptly described as "advocates in arbitration" or "settlers."

The scourge of plastic bags

Posted on January 28, 2008
"Business, ecology and art join forces as Paia tries to rid itself of plastic""Something easy & effective we all can do - ask our municipal governments to ban plastic bags"

Hawai`i Employment Law Conference (March 4-5, 2008; Honolulu)

Posted on January 28, 2008
http://www.hiemploymentlaw.com/

Goodsill Anderson wins appeal in pregnancy-discrimination case

Posted on January 28, 2008
Kamaka v. Goodsill Anderson Quinn & Stifel, Jan. 24, 2008.pdf:http://www.state.hi.us/jud/opinions/sct/2008/26308.pdf.html:http://www.state.hi.us/jud/opinions/sct/2008/26308.htmContrary to the plaintiff's contention, associate attorneys at Goodsill are at-will employees (or at least were when this case was filed), according to the Chief Justice's opinion for the unanimous Court.

Hirono chairs House Education & Labor Committee hearing . . .

Posted on January 27, 2008
. . . and touts early childhood education legislation:

Honolulu Mayor Hannemann up for "World Mayor 2008"

Posted on January 27, 2008
http://www.worldmayor.com/contest_2008/world-mayor-vote.html

$3M for whistleblower

Posted on January 26, 2008
Nancy Olipares dared to seek the City's compliance with Federal law.

"Reasons I Might Never Move to Hawaii"

Posted on January 24, 2008
Techie Chris Pirillo:Al Gore says the ice caps are melting. There goes Hawai`i.Limited broadband options.

Other views on the proposed UPL rule

Posted on January 24, 2008
Planet Kaua`i:Under proposed rule, Child and Family Services could not advise a woman to get a restraining order against a violent partner Blog's criticism of unauthorized practice of law media coverage misses the mark Star-Bulletin editorial:Allow nonlawyers to keep providing mundane legal servicesThe ICC Law Blawg:UPL Debate

CJ Moon honored by Korean American Foundation Hawai`i

Posted on January 23, 2008
Other honorees at the Jan. 13 "Light of the Orient" Banquet Jan. 13,were Dr. Kwan Jay Cho, founder and president of International Mid Pac College (IMPAC); Superintendent Patricia Hamamoto of the Hawai`i Department of Education; and Kathryn Whang Inouye, chief operating officer of the Kobayashi Group LLC.

Who are Hawai`i's attorneys supporting for President?

Posted on January 23, 2008
Hillary Clinton:Mark BernsteinGary GaliherColleen HanabusaDiane HastertDaniel InouyeSteven TreckerJohn Edwards:Susan Barr BrandonMark DavisRichard DeRobertisRobert KleinGary GaliherKenneth MarcusDiane OnoJeffrey OnoWayne ParsonsJohn McCain:Joyce BrownAdrienne KingBarack Obama:Edmund BurkeGilbert Coloma-AgaranRichard FriedCollin FritzRobert GrondineBrook HartLouise IngEric JamesDaniel KirleyFrank LockwoodDavid LouieHoward McPheetersWilliam MeheulaTerri MotosueNeil OkabayashiArthur ParkWayne ParsonsArthur RossRai Saint ChuGary SlovinDouglas SmithLex SmithWilliam TamJohn ThomasJon Van DykeAndrew WinerRonald YeeRon Paul:Paul Dold

KITV and Star-Bulletin get it wrong on unauthorized practice of law

Posted on January 22, 2008
The Supreme Court of Hawai`i is considering a proposed addition to its rules regarding the unauthorized practice of law. As noted in the announcement seeking public comment (due Jan. 25), "The proposed rule defines the practice of law and would assist with enforcement measures, by clarifying what is and is not the practice of law...

Lt. Governor, Navy Chaplain & other men to march in opposition to women's abortion rights

Posted on January 18, 2008
Perhaps some women will also be marching, but none are listed on the announcement:State Capitol, Jan. 22, 3-6 p.m.

Bill introduced to provide vaccination against virus that causes cervical cancer

Posted on January 16, 2008
HB 2141

Commission applicants sought

Posted on January 16, 2008
State Ethics Commission (applications due Feb. 15)State Campaign Spending Commission (applications due Feb. 15)Maui County boards, commissions, and committees (applications due Jan. 18, extended from Jan. 11, according to press accounts)

Does the government's killing of animals violate the National Environmental Protection Act?

Posted on January 11, 2008
That question was raised in a federal case brought by In Defense of Animals. But it wasn't resolved. The 9th Circuit dismissed the case as moot yesterday because all the animals at issue in the case had already been killed, as reported by University of San Diego Law Professor Shaun Martin...

A glance at the national legal scene . . .

Posted on January 11, 2008
Christy Hardin Smith doesn't have good news for civil libertarians:Between The Briefs: Updates On The Rule Of Law

Attorney-physician Terry Shintani to help you keep New Year's resolutions

Posted on January 09, 2008
He'll speak on healthy eating (eat more, weigh less!) on Jan. 12 (O`ahu) and Jan. 15 (Maui):http://www.vsh.org/events_calendar.htm

Series of one-to-one talks violate Sunshine Law

Posted on January 04, 2008
Here's the .html version of the Intermediate Court of Appeals opinion in Right to Know Committee v. City Council:http://www.state.hi.us/jud/opinions/ica/2007/ica27996.htmHere's the .pdf version:http://www.state.hi.us/jud/opinions/ica/2007/ica27996.pdfThe ICA endorsed Office of Information Practices Op...

Attorney: Hawai`i taxpayers unknowingly support unnecessary killing of dogs and cats

Posted on December 31, 2007
Stanford-trained attorney Nathan J. Winograd says that no-kill animal shelters should be the norm everywhere in America. Yet Hawai`i apparently has only four no-kill shelters, and none of them are designated as one of the official animal shelters that receive county funding...

"Bigger Than Sports: Why Title IX Matters"

Posted on December 31, 2007
Bigger Than Sports: Why Title IX MattersPatsy Mink had always dreamed of becoming a doctor, but none of the 20 medical schools she applied to accepted women. Edith Green wanted to become an electrical engineer, but her family told her "not to be silly...

Christmas Eve message from Keep It Kailua: no room at the beach

Posted on December 25, 2007
Keep It Kailua of Windward O`ahu sarcastically responds to last month's Supreme Court ruling striking down the City & County of Honolulu's regulatory scheme for camping permits.Maybe we should have the homeless sent up a tent city in Kailua. Wow, a homeless shelter on Kailua Beach...

Tutu's visitation rights struck down

Posted on December 21, 2007
Today's Star-Bulletin article:High court rules on child visitation; Having grandparents' rights trump parents' is unconstitutionalDec. 13 Supreme Court opinion:Doe v. DoeUnconstititutional statute:�571-46.3 Grandparents' visitation rights; petition; notice; order.

Major article on drug courts in USA Today

Posted on December 21, 2007
Via Friends of the Maui Drug Court:"Drug court offers offenders alternatives"

ACLU Executive Director Vanessa Chong on "Hot Seat"

Posted on December 19, 2007
The long-time leader of the American Civil Liberties Union of Hawai`i discussed same-sex marriage, suspicionless drug testing of public teachers, and suspicionless searches of student lockers at the Honolulu Advertiser website today.

Maui County wins lawsuit filed by Maui Vacation Rental Association (MVRA)

Posted on December 19, 2007
From Maui County:Press ReleaseDecember 18, 2007FOR IMMEDIATE RELEASEADDITIONAL CONTACT:Jane LovellDeputy Corporation Counsel, County of MauiPh. 270-7740JUDGE DISMISSES TVR LAWSUIT AGAINST COUNTY OF MAUI, PLANNING DIRECTORHONOLULU- On December 17, 2007, Judge J...

Congressman Abercrombie says college football's BCS system is unconstitutional

Posted on December 19, 2007
The BCS v. The U.S. Constitution:Abercrombie said a system that limits automatic berths to six conferences "is restraint of trade. The automatic qualifiers are still taking care of themselves. I'm saying regardless of what good intentions may be behind this, it's restraint of trade...

University of Hawai`i football team has a chaplain

Posted on December 17, 2007
In his lengthy tribute to Hawai`i Coach June Jones in the Honolulu Advertiser, Stephen Tsai notes in passing that the football team has a chaplain.

Phyllis Norton Cooper, Esq. - 1915-2007

Posted on December 15, 2007
Cooper, a former Hawai`i resident, overcame gender bias in the legal profession. She and her husband represented Sirhan Sirhan, among other notorious clients.From the L.A. Times:USC alumna became a lawyer in the 1930s despite gender bias

Roll With the Changes - Kevin Cronin to run Office of Elections

Posted on December 13, 2007
Kevin Cronin - not the lead singer of REO Speedwagon, but the attorney from the Wisconsin Public Service Commission - will run the State's Office of Elections.

Maui Meadows building-height appeal is moot . . .

Posted on December 12, 2007
. . . but not frivolous.

Hawai`i sentencing issues highlighted on national blawg

Posted on December 12, 2007
How Appealing:"Sentencing phase opens in murder trial; Jurors who convicted Patrick Lorenzo will decide whether he can ever be paroled": The Honolulu Star-Bulletin today contains an article that begins, "The 12 jurors who convicted Patrick Lorenzo of killing an off-duty deputy sheriff returned yesterday in the first hearing ever in which a jury -- not a judge -- could impose the state's strictest penalty of life imprisonment without parole...

Former lawmaker Brian Schatz joins the blogosphere

Posted on December 12, 2007
Hawaii's Brian Schatz on politics and public affairs

Compliance with EPA sewage mandate to cost City more than $1.2 billion

Posted on December 11, 2007
Mayor Hannemann will fight the EPA.

Fight over Maui vacation rentals goes back to federal court on Dec. 19

Posted on December 11, 2007
From inversecondemnation.com:Update on Federal Lawsuit on Maui Vacation RentalsThe case pits the Maui Vacation Rental Association (MVRA) against the County of Maui. The MVRA is asking Judge Michael Seabright (a former Assistant U.S. Attorney and a George W...

Hawai`i's Proposed Shield Law

Posted on December 06, 2007

Coast Guards's public-service announcement about Maui Security Zone

Posted on December 06, 2007

The politics of dancing

Posted on December 06, 2007
Loss for Maui Dance Advocates:The LCwins again! In slightly less than one hour, Judge Joseph E. Cardoza dismissed the appeal by Maui Community College student Ramoda Anand and the Maui Dance Advocates of the Maui County Liquor Commission?s April 2006 decision not to change the county?s rules regarding dancing...

Who's to blame for isles' affordable-housing woes?

Posted on December 04, 2007
Selfish, short-sighted environmentalists - "[S]ome in the community just do not want any development. They tend to have a home and means of living and do not need additional serves or housing to accommodate them. They have become accustom to small populations and not sharing resources with too many people...

Colorful Alex Kozinski takes over as 9th Circuit's chief judge

Posted on December 03, 2007
Kozinski and Schroeder (Photo: Office of the Circuit Executive)Kozinski is one of the few legal writers who frequently uses contractions in formal documents and one of the rare snowboarding judges. He succeeds former 9th Circuit Chief Judge Mary Schroeder, whose seven-year term began in December 2000.