Williamson Chang
University of Hawaii, William S. Richardson School of Law, Faculty Member
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Research Interests: Geography and Agriculture
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Research Interests: Geography and Agriculture
This chapter proposes that Native Hawaiians reclaim sovereignty over the waters and islands of the Northwestern Hawaiian Islands. It examines the deficiencies of the present law of the sea and discusses how the contributions of indigenous... more
This chapter proposes that Native Hawaiians reclaim sovereignty over the waters and islands of the Northwestern Hawaiian Islands. It examines the deficiencies of the present law of the sea and discusses how the contributions of indigenous cultures could address or ameliorate these deficiencies. The chapter deals with the central problem of incorporating indigenous principles into the law of the sea. It answers the question: how can undeveloped and vague indigenous ocean customs, such as the view that the sea is a living treasure, be useful in resolving modern problems such as pollution or overfishing? The chapter proposes that indigenous values and customs can achieve modern applicability if indigenous peoples are given political power in the form of sovereign lawmaking institutions. It explains how and why the United States should take steps, in light of the Akaka Bill, to vest Hawaiians with either ownership or trusteeship over the Northwestern Hawaiian Islands. Keywords:Hawaiians Islands; indigenous values; law of the sea; sovereignty
Research Interests: Geography and Indigenous
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U.S. Department of the Interior Geological Survey Grant/Contract No. 14-08-0001-G1013 Project No. G1013-02
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State of Hawai'i vs. Kelii W. Ioane, Jr. - Memorandum in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction and Motion to Take Judicial Notice of Statutes of the United States: Section Two of the Admission Act 73 Stat 4 and Section Two of the Organic Act 31 Stat 141 and Article ...more
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ABSTRACT U.S. Department of the Interior Grant/Contract No. 371304 (CT371300) Two recent decisions of the Hawaii Supreme Court have substantially modified the ground rules governing water rights in the state. The principal economic result... more
ABSTRACT U.S. Department of the Interior Grant/Contract No. 371304 (CT371300) Two recent decisions of the Hawaii Supreme Court have substantially modified the ground rules governing water rights in the state. The principal economic result of these decisions is the limitations they impose, if they survive appeals, on rights of individual water users to exchange water rights. This report inquires into the values the Court appears to have had in mind in imposing such restrictions. From a legal standpoint, the paper argues that the Court's decision in Reppun v. Board of Water Supply sought not so much to protect the taro farmers from loss of water as to protect in-stream water uses such as fishing and aesthetics. A brief summary of the economics of growing taro in Waihee Valley suggests that the water in question has much higher-valued uses than traditional taro cultivation, and notes a broad framework of principles that would allow efficient allocation of water between users, uses and places of use, covering traditional as well as in-stream uses.
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Two cultivars of zonal geraniums (Pelargonium ×hortorum Bailey), `Danielle' and `Kim', were grown in media containing three grind sizes of rubber (2.4, 6, or 10 mm) and fiber from the fabric belting processed from waste tires in... more
Two cultivars of zonal geraniums (Pelargonium ×hortorum Bailey), `Danielle' and `Kim', were grown in media containing three grind sizes of rubber (2.4, 6, or 10 mm) and fiber from the fabric belting processed from waste tires in three proportions: 1 rubber or fiber: 1 peat; 1 rubber or fiber: 1 vermiculite: 2 peat; and 2 rubber or fiber: 1 vermiculite: 1 peat (by volume). Two control media were also included: 1 vermiculite: 1 peat, and 1 rockwool: 1 peat (by volume). Geranium plants were grown in media containing up to 25% waste tire products along with traditional medium components without reducing plant quality. Plant growth was best and flower count was highest in the vermiculite and peat medium, plants were smallest and flower count was lowest in media containing the rubber grinds at 2.4 or 6 mm, making up 50% of the media. The medium 1 rubber: 1 vermiculite: 2 peat, regardless of grind or fiber, produced plants equal to the rockwool and peat moss medium. All plants grow...
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State of Hawai'i vs. Kelii W. Ioane, Jr. - Memorandum in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction and Motion to Take Judicial Notice of Statutes of the United States: Section Two of the Admission Act 73 Stat 4 and Section Two of the Organic Act 31 Stat 141 and Article ...more
Research Interests: Law and Memorandum
This article shows how the law grows and changes as society changes. In postWorld War II Hawaii, this evolution is particularly evident in recent judicial rulings relating to the riparian doctrine of water rights. The author classifies... more
This article shows how the law grows and changes as society changes. In postWorld War II Hawaii, this evolution is particularly evident in recent judicial rulings relating to the riparian doctrine of water rights. The author classifies the trend into three phases: interpretation of common law based on precedents, fractionalization of common law, and policy-oriented decision making. Three recent judicial rulings are used to illustrate the three-phase concept.
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Aloha. A lot has happened since the last forum sponsored by the American Constitutional Law Society on April 17 last spring. The last forum provided the springboard for the letter to Secretary of State John Kerry by OHA’s Chief Executive... more
Aloha. A lot has happened since the last forum sponsored by the American Constitutional Law Society on April 17 last spring. The last forum provided the springboard for the letter to Secretary of State John Kerry by OHA’s Chief Executive Officer, Kamana’pono Crabbe. Almost immediately the Department of Interior notified Hawaii that it would conduct fifteen hearings throughout the islands for the purpose of exploring rules to facilitate a government to government relationship between Native Hawaiian and the United States.
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The most critical question currently affecting Hawaii's state judicial system is its relationship with the federal district courts of Hawaii. Decisions of the Hawaii Supreme Court have been set aside by federal district courts on... more
The most critical question currently affecting Hawaii's state judicial system is its relationship with the federal district courts of Hawaii. Decisions of the Hawaii Supreme Court have been set aside by federal district courts on three occasions in the 1970's.1 This pattern of nullification is of obvious importance to the independence and sovereignty of the state judiciary.' In particular, if the United States district court decision in Robinson v. Ariyoshi is sustained on appeal, then the state supreme
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Among the most critical problems in securities regulation is determining what constitutes a "security." The Supreme Court has never positively identified the essential features of a security. If the Court ever arrives at a... more
Among the most critical problems in securities regulation is determining what constitutes a "security." The Supreme Court has never positively identified the essential features of a security. If the Court ever arrives at a comprehensive definition, its decision will affect many corporations and major economic transactions. In this Article, Professor Chang develops a comprehensive, yet relatively simple model that defines security for the purposes of federal regulation and reconciles the Court's major securities decisions. The Article also provides insight into the use of language, describes the implications of "open-ended" legislative intent, and offers a framework with which to view the dialectic process of common lawmaking as a consistent evolution of standards.
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To many mainstream economists, the answer to all resource allocation problems is reliance on the free market. Mainstream economists believe that the most efficient allocation of water resources will take place under the notions of the... more
To many mainstream economists, the answer to all resource allocation problems is reliance on the free market. Mainstream economists believe that the most efficient allocation of water resources will take place under the notions of the "general equilibrium" and the "clearing of the market." The crux of such thinking is the view that water is a commodity like anything else and that experience and econometric equations prove the superiority of the invisible hand of the free market.
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Research Interests: History and Legal History
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With the retirement of Addison Bowman (in a de jure, not a de facto sense), Professor Jon Van Dyke and I are now the most senior colleagues on the faculty of the William S. Richardson School of Law. Thus, it is my pleasure to comment on... more
With the retirement of Addison Bowman (in a de jure, not a de facto sense), Professor Jon Van Dyke and I are now the most senior colleagues on the faculty of the William S. Richardson School of Law. Thus, it is my pleasure to comment on the life and work of Professor Bowman, particularly with respect to his life and work in the Pacific. There are two distinct traditions of American involvement in the Pacific. We are now well aware that America's expansion through Hawai'i to the Philippines and beyond was an orchestrated effort of "expansionists"-namely Theodore Roosevelt, Henry Cabot Lodge, and William Randolph Hearst. These expansionists brought to fruition America's present posture in the Pacific. Their influence at the turn of the century led directly to the annexation of Hawai'i and the possession of Guam and the Philippines. However the expansionists are to be judged, Professor Bowman came to the Pacific with different motives. Professor Bowman epitomi...
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Work in progress dated April 9, 2015 and deposited April 10, 2015. Corrected work dated April 23, 2015. Item and bitstream updated April 25, 2015.
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Bureau of Reclamation, U.S. Department of the Interior Grant/Contract No. 14-34-0001-1113; B-062-HI
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Main article: Published in Civil Beat, June 11, 2015. [Native Hawaiians should not have to explain their religion or articulate why they view Mauna Kea as sacred. That which is most sacred is often beyond articulation] [From Civil Beat... more
Main article: Published in Civil Beat, June 11, 2015. [Native Hawaiians should not have to explain their religion or articulate why they view Mauna Kea as sacred. That which is most sacred is often beyond articulation] [From Civil Beat Newsmagazine “Connections”] June 11, 2015 Text of article prepared from a presentation given at Meijo University, Nagoya Japan, June 6, 2015.