Reversals of Fortune: The Hawaii Supreme Court, the Memorandum Opinion, and the Realignment of Political Power in Post-statehood Hawai'i

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.

Meaning, Reference, and Reification in the Definition of a Security

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

Zen, Law and Language: Of Power and Paradigms

16 N.M. L. Rev. 543 1986The 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

Rediscovering the Rooker Doctrine: Section 1983, Res Judicata and the Federal Courts

During the past decade, the Supreme Court has placed limits on access to the federal courts. Its effort, in part, has been mandated by the competing concerns of federal and state sovereignty. In this Article, the author discusses the Supreme Court\u27s efforts in this area and argues for application of the jurisdictional principle expressed in Rooker . Fidelity Trust. The Rooker doctrine, based on the statutes governing federal jurisdiction, states that the lower federal courts have no appellate jurisdiction over state courts. Operating whenever the res judicata rules of a state would bar a second action, Rooker should be the mandatory basis for decision in many cases now covered by other jurisdictional doctrines. The author further argues that application of Rooker would preclude many actions based on 42 U.S.C. § 1983 which allege the unconstitutionality of prior state court proceedings

University of Hawai‘i’s senior law professor notifies U.S. Attorney General, Eric Holder, Jr., of war crimes committed in the Hawaiian Islands

Press release about Professor Chang's Press Conference at William S. Richardson School of Law, University of Hawai‘i at Manoa, Monday, September 22, 2014, at 2:00 pm.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

Indigenous Values and the Law of the Sea

First presented at the 2013 Law and Society Annual Meeting. Chapter 16 in Governing Ocean Resources, New Challenges and Emerging Regimes: A Tribute to Judge Choon-Ho Park (2013).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