16 U. Haw. L. Rev. 1 (1994)
Courts and the Cultural Performance: Native Hawaiians' Uncertain Federal and State Law Rights to Sue

handle is hein.journals/uhawlr16 and id is 5 raw text is: Courts and the Cultural Performance:
Native Hawaiians' Uncertain Federal and
State Law Rights to Sue
by Eric K. Yamamoto, * Moses Haia* * and Donna Kalama***
PROLOGUE
Police Seize 25 in Hilo Protest: Hawaiian Confrontation at Mall.
So read the news headline in September, 1993.1 One hundred twenty
Native Hawaiians in Hilo protested the State Department of Hawaiian
Homelands' lease of 39 acres of trust Homelands to a non-Hawaiian
commercial entity for the Prince Kuhio Plaza shopping mall. The
protesting group, Aupuni 0 Hawai'i, demanded that the mall be
bulldozed and that the land be used for Native Hawaiian farms and
housing. Those Native Hawaiians arrested and later prosecuted for
trespassing defended on the grounds of their right to occupy Ha-
waiian Homelands. Members of Aupuni 0 Hawai'i had earlier been
evicted as squatters on nearby Homelands in the Keaukaha area of
Hilo.
* Professor of Law, William S. Richardson School of Law, University of Hawaii,
Manoa.
** Class of 1994, William S. Richardson School of Law, University of Hawaii,
Manoa.
*** Class of 1993, William S. Richardson School of Law, University of Hawaii.
 Yamamoto, Haia and Kalama, 1994.
We deeply appreciate the suggestions of Taunya Lovell Banks, Gerald Lopez,
Angela Harris and Jo Carrillo on early drafts, and the comments of William Meheula,
Elizabeth Pa Martin and Carl Christensen.
Hugh Clark, Police Seize 25 in Hilo Protest: Hawaiian Confrontation at Mall. HONOLULU
ADVERTIER, October 6, 1993, at A-1. See infra note 32 for a discussion of the Hawaiian
Homelands trust.

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