Chang, Williamson B.C.
Permanent URI for this collectionhttps://hdl.handle.net/10125/34025
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Item type: Item , Darkness over Hawaii: The Annexation Myth Is the Greatest Obstacle to Progress(Asian-Pacific Law and Policy Journal, 2015) Chang, Williamson B.C.To: Delegates to the Hawaiian Convention to Establish a Governing Entity Before moving ahead, Native Hawaiians must study and learn about the various forms of government throughout the world. Others around us know little about our real history. We, too, may not know our full history. We must gather more knowledge before making the momentous decisions which are the ostensible objectives of this convention. Justice Scalia, an extremely educated and esteemed constitutional scholar is an example of how little the world knows about the history of Hawai'i. Recent remarks by Justice Scalia reveal the extent and consequences of the campaign of deception asserting that Hawai'i was acquired by a joint resolution. This claim is not only false. It is impossible. The inability of the Joint Resolution to acquire the territory of the sovereign nation of Hawai'i was emphatically pointed out during the Senate debate on the Joint Resolution in the summer of 1898. Justice Scalia is not the only one deceived. The Hawai'i Supreme Court, in a 2013 ruling on the effects of annexation, blithely ignored the most basic of all state laws-those describing the boundaries of Hawai'i. Truth-telling through re-education of Native Hawaiians-and the rest of the world-is just beginning. One must not underestimate the tremendous need for knowledge that must precede such an enormous task as nation-building. Whether one supports restoration of the Kingdom or Tribal recognition, what Hawaiians need now is more scholarship about the world-particularly as to the world of newly emerging sovereign states and the history of decolonization. We should not let the current United States administration in Washington push us into tribal status. The path we take must be fully informed. Native Hawaiians must fully comprehend all the advantages and disadvantages of Federal Recognition as a Tribe.Item type: Item , Interpreters for the Defense: Due Process for the Non-English-Speaking Defendant(1975) Chang, Williamson B.C.; Araujo, Manuel U.The authors of this Comment contend that the communications problems of non-English-speaking indigent defendants can best be solved by the appointment of court-compensated interpreters. Although they evaluate recent legislative proposals directed at these problems, the authors stress the arguments derived from considerations of equal protection and due process which support a possible constitutional right to interpreters.Item type: Item , Hawaii: Pacific Crucible of American Legal History(2013) Chang, Williamson B.C.Item type: Item , The Role of the State Courts After the Model Business Corporation Act(1981) Chang, Williamson B.C.Item type: Item , Rediscovering the Rooker Doctrine: Section 1983, Res Judicata and the Federal Courts(1980) Chang, Williamson B.C.Item type: Item , Unraveling Robinson v. Ariyoshi: Can Courts "Take" Property?(1979) Chang, Williamson B.C.Item type: Item , Judicial Takings: Robinson v Ariyoshi Revisited(2012) Chang, Williamson B.C.Item type: Item , Meaning, Reference, and Reification in the Definition of a Security(1986) Chang, Williamson B.C.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.Item type: Item , In Praise of Addison Bowman: The Ideal of Equality in the American Tradition in the Pacific(1996) Chang, Williamson B.C.Item type: Item , Item type: Item , Reversals of Fortune: The Hawaii Supreme Court, the Memorandum Opinion, and the Realignment of Political Power in Post-statehood Hawai'i(1992) Chang, Williamson B.C.The Richardson-led Hawaii Supreme Court (1966-82) has been characterized as "controversial, " having "altered Hawaii law so that it became more reflective of the islands' uncommon cultural heritage. "I In contrast, the court under the direction of Herman T. Lum has been called "passive," "a care-taker rather than the player it was under William Richardson," emphasizing "efficiency."Item type: Item , The "Wasteland" in the Western Exploitation of "Race" and the Environment(University of Colorado Law Review, 1992) Chang, Williamson B.C.The problems of racism' and environmental destruction seem the most persistent and insoluble in our society. There seems to be an ideological blind spot as to these two issues. Our ability to find solutions seems hindered by emotions, circularity and self-referencing arguments that block meaningful analysis. Much of this inability stems from the "eurocentric" patterns of thought that have come to dominate views of nature and other peoples different in creed, religion, culture and color of skin.Item type: Item , Zen, Law and Language: Of Power and Paradigms(New Mexico Law Review, 1986) Chang, Williamson B.C.The purpose of this article is to describe how a comparative philosophical methodology, specifically the application of the philosophical premises of Zen, may be useful in illuminating the nature of problems in legal philosophy. Moreover, this article describes how transcending the legal paradigm may empower students by demonstrating that internal linguistic choices may actually dictate the seemingly objective reality about law.Item type: Item , University of Hawai‘i’s senior law professor notifies U.S. Attorney General, Eric Holder, Jr., of war crimes committed in the Hawaiian Islands(2014-09-22) Chang, Williamson B.C.Senior law professor Williamson B.C. Chang has reported to U.S. Attorney General Eric Holder, Jr. that war crimes have and continue to be committed in the Hawaiian Islands.Item type: Item , Indigenous Values and the Law of the Sea(2010-10-13) Chang, Williamson B.C.This article proposes that Native Hawaiians reclaim sovereignty over the waters and islands of the Northwestern Hawaiian Islands. The islands, also known as Papahānaumokuākea, are currently managed by two agencies of the United States and the State of Hawai`i as a National Monument comprising some 140,000 square miles.5 Sovereignty or a quasi-sovereign trusteeship over those islands and waters would give Native Hawaiians the power to implement their concepts of ocean governance.