Legal Information Institute's Summary Of "Ceded Lands" Case

The Legal Information Institute at Cornell Law School -- which previews U.S. Supreme Court cases -- has published its summary of the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008). The preview offers a neutral view of the issues and analyzes the arguments of the parties.  Here's the short version:

In 1993, Congress and the President adopted a resolution ("Apology Resolution"), in which the United States apologized for its role in the overthrow of the Kingdom of Hawaii in 1893. Shortly thereafter, the Office of Hawaiian Affairs ("OHA") sought to enjoin a residential development on the Leiali'i land parcel, land owned by the state, but held in trust for Native Hawaiians and the general public. OHA also requested that the state agency in charge of the parcel's development certify that any transfer of the parcel's ownership would not diminish Native Hawaiians' claims to the land. The state agency refused and sent OHA a check for the land, which OHA refused. The Hawaii Supreme Court held that the Apology Resolution had changed the legal relationships of the parties involved, and enjoined further development of the land until the state of Hawaii reconciled with Native Hawaiians. In this case, the Supreme Court must determine whether the Apology Resolution changes the legal duties and obligations of the parties involved, or whether it is simply a statement of regret. This case will have far-reaching implications for land in other states which may have competing claims of ownership by native populations.

The entire preview is available here. Oral arguments in the case are set for 10 am EST, February 25, 2009. The merits and amici briefs in the case, and links to media reports and commentary, are posted on our ceded lands page. [Disclosure: I helped author an amicus brief supporting the State's arguments.]