Exclusion of native Hawaiian groups does not violate right of due process.(Indian Case Law Abstracts)

Native American Law Report, November, 2004 by Jervis, Bruce

Kahawaiolaa v. Norton

U.S. Court of Appeals, 9th Cir., No. 02-17239

(October 27, 2004)

A federal appeals court has ruled that the exclusion of native Hawaiian groups from the Department of the Interior's regulations for federal acknowledgement as an Indian tribe is not racially discriminatory and does not violate the due process clause of the 5th Amendment.

Surprisingly, there is no universally recognized legal definition of the term "Indian tribe" and no single federal statute defining that term for all purposes. In 1978, at the direction of Congress, the DOI promulgated regulations establishing uniform criteria and procedures for federal acknowledgement of American Indian tribes. The regulations, by their express terms, apply...

Read the rest of this article with a Free Trial at HighBeam Research.

Premium Content Partnership | HighBeam Research provides an in-depth online archive library of reference works.