Ka Wai Ola - Office of Hawaiian Affairs, Volume 33, Number 1, 1 January 2016 — HAHAI PONO I KE ALA KUKUI ME KA HULI AO: Pursue the path of enlightenment through justice [ARTICLE+ILLUSTRATION]

HAHAI PONO I KE ALA KUKUI ME KA HULI AO: Pursue the path of enlightenment through justice

By Mahina Tuteur This past year, Ka Huli Ao Center for Excellence in Native Hawaiian Law commemorated a decade of bringing Native Hawaiians into the law and bringing the law into Hawaiian communities. Established in 2005 at the William S. Richardson School of Law, Ka Huli Ao is an academic center that promotes education, scholarship, community outreach and collaboration on issues of law, culture, andjustice for Native Hawaiians and other Paeihe and indigenous peoples. The center is guided by the enduring legacy of the late Chief Justice William S. Richardson, who played a pivotal role at a eiueial time in our history, and whose landmark decisions are renowned for their progressive protection of cultural practices, environmental and water rights, and more. The program took shape while Professor Melody Kapilialoha MacKenzie, a member of the law school's first graduating class, was a visiting professor at the law school. Professor MacKenzie credits Dean Aviam Soifer and the late

Senator Daniel K. Inouye with helping launeh the program. In just 10 short years, Ka Huli Ao has made an extraordinary contribution to the loeal legal community, and has inspired the next generation of 'Ōiwi lawyers and leaders to advocate on behalf of their communities and dedicate their careers to social justice. EDUCATION: Empowering Students Helping students 'auamo their kuleana through the law has always been at the heart of Ka Huli Ao's mission. The Native Hawaiian Law Certificate requires students to complete various courses reflecting both traditional legal disciplines and contemporary indig-

enous issues, ranging from Lederal Indian Law to historic preservation to administrative law, and also includes elinieal work and a writing component. The certificate program has grown tremendously since its ineephon. Lrom 2007 to 2009, 1 1 students graduated with a Pacific-Asian Legal Studies certificate with a specialization in Native Hawaiian Law. Since 2010, 65 students have graduated with the now stand-alone certificate. SCHOLARSHIP: Expanding Knowledge Another reason to celebrate is the long-awaited puhlieahon of Native Hawaiian Law: A Treatise, culminating a 15-year journey to revise and expand the seminal Native Hawaiian Rights Handbook (available at: http://www.kamehamehapublishing. org/nativehawaiianlaw/). Spanning 21 chapters, the treatise examines the events, litigation, and poliheal and social movements that have that shaped the body of laws that affect the Native Hawaiian community today. Produced by Kamehameha Publishing in partnership with Ka Huli Ao and the Native Hawaiian Legal Corporation, the treatise has received glowing reviews from many legal scholars. Prominent Indigenous Law Professor Rebecca Tsosie of the Sandra Day 0'Connor College of Law noted that the "treatise stands alone in its unique

coverage of legal issues important not only to Native Hawaiians, but to indigenous peoples worldwide. Its remarkable scope and depth makes this an essential addition to the growing body of knowledge on indigenous peoples' law." As part of its commitment to scholarship, Ka Huli Ao faculty, led by Associate Laculty Specialist Susan K. Serrano, have mentored post-juris doctor research fellows in producing cutting-edge research on Native Hawaiian law and publishing it in Ka Huli Ao's periodic publication, 'Ohia (available at: https://www.law.hawaii.edu/native-hawaiian-and-indigenous-scholarship-and-legal-resources). Celebrations are also in order for Professors MacKenzie and Kapua'ala Sproat, who both received the UH Board of Regents' Medal for Excellence in Teaching, given to faculty members who exhibit an extraordinary level of subject mastery and scholarship, teaching effectiveness and creativity and personal values that benefit students. And just this year, Professor Sproat received the IUCN Academy of Environmental Law's 2015 Distinguished Environmental Law Education Award in its Emerging Scholar category. COMMUNITY 0UTREACH: Building Communities Striving to reach more people off campus and outside the

courthouse, Ka Huli Ao facilitates several community outreach programs, from translating historic legal documents for the puhlie to presenting Maoli Thursday, a monthly lunehhme forum that engages students, practicing attomeys, and our lāhui in discussion on pressing legal issues facing native communities. Ka Huli Ao has pioneered innovative legal clinics in whieh law students provide direct legal assistance to Native Hawaiian communities. When OHA approached Ka Huli Ao to kōkua beneficiaries on Moloka'i defending rights to ancestral land in 201 1, the A'o Aku A'o Mai Initiative was born. Due to its success, the initiative has expanded to include free trainings, the distribution of legal primers and more, all to build capacity andresilience in Native Hawaiian communities on issues that affect their everyday lives. Lor example, in fall 2015, more than 80 community members on Maui participated in free workshops and received assistance from the Environmental Law Clinic in preparation for an administrative trial on appurtenant water rights. Over the last two years, the initiative has directly assisted or trained more than 500 individuals, most of whom are OHA beneficiaries. Ka Huli Ao has published and held community trainings on four legal primers, whieh overview relevant constitutional, statutory, and administrative provisions on water rights, iwi kūpuna, traditional and customary rights, and quiet title (available at: https://www.law.hawaii.edu/native-hawaiian-and-indigenous-scholarship-and-legal-resources) . These primers bring the law to life on the ground in Hawaiian communities, giving individuals the necessary

tools to engage in legal processes on their own. Ka Huli Ao, with funding from OHA, also conducts legal trainings for members of state and county councils, boards, and commissions that directly impact Native Hawaiian traditional and customary rights, natural and cultural resources, and the puhlie trust. With OHA's leadership, the enactment of Act 169 during the 2015 legislative session made this training mandatory for select boards and commissions, with the goal of ensuring that government policymakers understand and make decisions consistent with the state's fiduciary obligations to Native Hawaiians and the puhlie trust. The next training will be held on January 16, 2016, at the law school. Through its education, scholarship, and community outreach, Ka Huli Ao builds on the vision of Chief Justice Richardson and embodies the belief that Native Hawaiian law should reflect Hawaiian values and culture. Looking ahead, Ka Huli Ao hopes to explore, and forge, new pathways to pono and justice for generations to eome. Hahai pono i ke ala kukui me ka huli ao: pursue the path of enlightenment through justice! ■ Maliina Tuteur is a post-JDfellow with the Ka HuliAo Center for Excellence in Native Hawaiian Law The title ofthe article is an 'ōlelo no 'eaufrom Kahikūkalā Hoe.

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Treatise Editor-in-Chief Melody MacKenzie (center) and executive editors Susan Serrano (left) and Kapua'ala Sproat (right) were inspired by the work of Chief Justice William S. Richardson. - Photo: Courtesy of Kamehameha Schools

Team Ka Huli Ao celebrating the launeh of Native Hawaiian Law: A Treatise at Ali'iolani Hale on October 7, 201 5. From left: Susan Serrano and daughter Amaya, Melody MaeKenzie, Kapua Sproat, Raeanne CobbAdams, Shae Kamaka'ala, Josephine Danielson, and Mahina Tuteur. Not pictured: Malia Akutagawa, Avis Poai, and Kamanamaikalani Beamer. - Photo: Courtesy ofKalā Hoe