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Friday, April 19, 2013
Derrick Kahala Watson: Senate Confirms New Honolulu Federal Judge
By Selected News Articles @ 4:36 PM :: 2970 Views :: Judiciary

Watson will be the only Native Hawaiian serving as an Article III judge ....

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Thursday, April 18, 2013
Property Seized by Mayor: Supreme Court Declines to Hear Guam Case
By Robert Thomas @ 1:15 AM :: 3062 Views :: Judiciary, Land Use

...the case seemed like a good vehicle for the U.S. Supreme Court to revisit the pretext-in-eminent-domain issue it teased us with in Kelo....

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Friday, April 12, 2013
“Let ‘Em Eat Cake” Comes to Hawaii
By Selected News Articles @ 1:03 PM :: 3880 Views :: Judiciary, Land Use

"Can it be that the idiots who evidently run the Hawaii Business magazine have never heard about the principle that statutes have to be constitutional?"

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Wednesday, April 10, 2013
Land Use: Making an Environment for Those With Means
By Robert Thomas @ 1:05 PM :: 6544 Views :: Environment, Development, Judiciary, Land Use, Cost of Living
...Others can live in Hong Kong-style apartments so I can enjoy my place in the country....
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Thursday, March 28, 2013
Application Deadline to Serve on State Ethics and Campaign Spending Commissions is March 31
By News Release @ 1:47 PM :: 3652 Views :: Ethics, Judiciary
Ethics Commission applicants will either fill a  four-year term or an unexpired term that ends on June 30, 2014.  The vacancy on the Campaign Spending Commission is for a full, four-year term....
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Thursday, March 28, 2013
ICA Hears Case Challenging State Ownership of Mineral, Geothermal Rights
By Robert Thomas @ 4:09 AM :: 4420 Views :: Judiciary, Land Use
HAWICA Appeal: Is A Mineral Right An Inherent Servitude, Or Must It Be Reflected In ‘Torrens Title’?
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Friday, March 15, 2013
UH Federalist Society: "Litigating for Liberty: Non-traditional Public Interest Law."
By Robert Thomas @ 1:34 PM :: 3708 Views :: Judiciary, Land Use

Scott Bullock, the Institute for Justice lawyer who argued Kelo will be speaking next Monday at the University of Hawaii School of Law ....

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Thursday, March 07, 2013
Enviro Lawyers Off Target With Criticism Of Callies, Says Callies
By Robert Thomas @ 4:33 PM :: 4735 Views :: Environment, Judiciary, Land Use

...the environmental lawyers upped the ante by calling Callies a liar and a sell-out....

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Friday, March 01, 2013
Sakai: Misconduct Investigation Underway After Latest Prisoner Escape
By News Release @ 11:33 AM :: 4020 Views :: Judiciary, Law Enforcement

...it was noted that no one in that van had leg shackles on....

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Wednesday, February 13, 2013
Antolini vs Callies: Moon Court Favored Public Participation, not Environmentalists
By Robert Thomas @ 7:47 PM :: 4549 Views :: Environment, Judiciary

...the court's environmental jurisprudence wasn't so much focused on outcome, but rather on process....

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Monday, February 11, 2013
Chief Justice Delivers State of Judiciary through Social Media and Releases Strategic Plan
By Video @ 2:40 PM :: 2613 Views :: Judiciary

...Recktenwald delivered his biennial State of the Judiciary address on the Judiciary’s new YouTube channel....

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Thursday, February 07, 2013
Upcoming Hawaii Appellate Arguments Of Interest
By Robert Thomas @ 9:31 PM :: 2348 Views :: Judiciary

The oral argument calendar of the Hawaii Supreme Court  looks pretty interesting.... 

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Tuesday, January 29, 2013
The Empire Strikes Back: Reaction To UH Lawprof's Study Of Success Rates In Hawaii Supreme Court Cases
By Robert Thomas @ 12:56 AM :: 5422 Views :: Environment, Development, Judiciary

...the good professor labeled the record of the 1993-2010 Hawaii Supreme Court on property issues "appalling," so it should come as no surprise that two of the beneficiaries of those rulings have now rallied to that court's defense....

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Friday, January 18, 2013
Hawaii Supreme Court to Hear Another Shoreline Case
By Robert Thomas @ 9:34 PM :: 4171 Views :: Judiciary, Land Use

The Hawaii Supreme Court has accepted certiorari and agreed to review the Intermediate Court of Appeals' unpublished memorandum opinion in Diamond v. Dobbin....

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Wednesday, January 09, 2013
Pretextural Takings: Will Supreme Court Hear Guam Case?
By Robert Thomas @ 7:07 PM :: 4912 Views :: National News, Judiciary, Land Use

NFIB, CATO Instiutute, Owners' Counsel of America, and lawprofs James Ely, David Callies, Todd Zywicki, Randy Barnett, Eric Claeys, and D. Benjamin Barros -- have filed an amicus brief ....

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Friday, January 04, 2013
Supreme Court Agrees to Hear Sierra Club Koa Ridge Challenge
By Robert Thomas @ 4:10 PM :: 6819 Views :: Environment, Judiciary, Land Use

Intermediate Court of Appeals held that the Hawaii Senate's failure to confirm a sitting Land Use Commissioner for a second term did not disqualify him from office ....

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Thursday, January 03, 2013
Private Attorney General? Hawaii ICA Says 'No'
By Robert Thomas @ 10:41 PM :: 3500 Views :: Judiciary

In 2009, in the "Superferry" case, the Hawaii Supreme Court, after years of hinting (but not finding a suitable vehicle), formally adopted the "private attorney general' doctrine ....

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Monday, December 31, 2012
Governor Appoints Annelle Amaral to Hawaii Paroling Authority
By News Release @ 8:59 PM :: 5586 Views :: Judiciary, Justice Reinvestment, Law Enforcement

The interim appointment fills a new seat in compliance with Act 139 of the 2012 Legislature, which increased Hawaii Paroling Authority members from three to five.

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Friday, December 28, 2012
Governor Appoints Judge Dean Ochiai to First Circuit Court
By News Release @ 6:50 PM :: 3476 Views :: Judiciary

Judge Ochiai, 57, will fill a vacancy left by Judge Richard Pollack, who became Associate Justice of the Hawaii Supreme Court....

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Thursday, December 27, 2012
Souza Appointed Oahu District Family Court Judge
By News Release @ 5:41 PM :: 3604 Views :: Judiciary

Chief Justice Mark E. Recktenwald today appointed Kevin A. Souza to the District Family Court of the First Circuit (Oahu). 

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Sunday, December 23, 2012
Two Hawaii Supreme Court Cases to Watch
By Robert Thomas @ 3:35 PM :: 5015 Views :: Ethics, Judiciary, Land Use
  • Blake v. County of Kauai Planning Comm'n,
  • Kanahele v. Maui County Council
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Monday, August 27, 2012
Enviros win 90% in Hawaii Supreme Court
By Robert Thomas @ 5:43 PM :: 14226 Views :: Environment, Development, Hawaii Statistics, Judiciary, Land Use

...the Hawaii Supreme Court "has managed to find in favor of Sierra Club, Friends of the Earth, Earthjustice ... 90% of the time, 70% of those decisions overturning the [Hawaii] Intermediate Court of Appeals....

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Monday, August 08, 2011
Human Trafficking: Did the US DoJ Purposefully lose the Aloun Farms Case?
By Andrew Walden @ 1:37 AM :: 12675 Views :: Ethics, Agriculture, Judiciary, Labor, Law Enforcement

How could federal prosecutors “accidentally” debase their entire prosecution of crimes alleged to have occurred in 2004 by telling a Federal Grand Jury that the defendants’ collection of “recruitment fees” was a violation of a law which did not take effect until 2008?

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Thursday, March 31, 2011
Wildman withdraws over “unresolved situation”– didn’t pay Payroll Taxes
By News Release @ 11:43 AM :: 3717 Views :: Maui County, Ethics, Judiciary

"...because of an unresolved situation with my law firm, I have decided to withdraw my nomination to prevent any distraction for the Abercrombie Administration and disruption for my family.”

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Thursday, September 09, 2010
Highest suicide rate in US: Hawaii DoE highschoolers
By News Release @ 2:49 PM :: 12793 Views :: Education K-12, Health Care, Judiciary, Life

According to 2009 YRBS (Youth Risk Behavior Survey) data, Hawai‘i high school students had the highest self-reported prevalence of considering suicide (19%), the highest for making a plan (16%), the highest for attempting (13%), and the 4th highest prevalence for being treated for a self-inflicted injury (4.5%) in the country. 

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Monday, February 01, 2010
Kubo nomination: Hanabusa, Souza tied to Pali Golf course shooters’ mob
By Andrew Walden @ 3:31 PM :: 34359 Views :: Democratic Party, Ethics, Judiciary, Politicians

Democrat legislators making up excuses to block Lingle’s judicial nominees are usually just doing the bidding of the criminal defense bar—which seeks to block judicial nominees who are not sufficiently soft on crime.   But it appears that opposition to the nomination of former Federal Prosecutor Ed Kubo to Oahu's First Circuit Court is coming from former State Sherriff John Souza.  Souza, the husband of State Senate President Coleen Hanabusa, was nailed in 2004 for a land sale which involved giving a $25,000 loan to an accused meth dealer who is a cousin to two convicted Pali Golf course shooters.

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Tuesday, October 27, 2009
Gov. Lingle nominates Edwin Nacino Circuit Judge
By News Release @ 6:12 PM :: 6478 Views :: Honolulu County, Judiciary

As a practicing attorney, Nacino had the opportunity to prepare appellate briefs to the Hawai‘i Supreme Court, Hawai‘i Intermediate Court of Appeals, Ninth Circuit Court of Appeals and the United States Supreme Court.... He worked for two-and-a-half years at the Prosecuting Attorney’s Office where he tried jury and non-jury cases involving misdemeanor and felonies at the District, Family and Circuit Court levels.... Before beginning his legal career, Nacino was a police officer with the Honolulu Police Department for approximately eight-and-a-half years.

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Wednesday, July 15, 2009
Why Hawaii Lost the Superferry
By Selected News Articles @ 7:27 PM :: 16152 Views :: Hawaii History, Jones Act, Judiciary, Politicians

Last year, instead of enacting a law stating that the Supreme Court was wrong, the Legislature adopted special legislation exempting the Superferry pending completion of an environmental impact statement. The Supreme Court’s recent decision correctly struck down that exemption as violating the Hawaii constitutional prohibition against legislative special treatment for special interests.

The governor and Legislature were then handed a second opportunity to make the law pono by saying what everyone believed. The Legislature could enact simple language, such as the following which I recommended to the legislative leadership in March 2009, making clear that our environmental laws do not extend to "secondary" impacts:

"Significant effect" does not include or require consideration of “secondary impacts” on the environment that may result from government action. This latter provision is retroactive to enactment of this chapter.

By doing so, the law would state what everyone always believed it meant and the Superferry would have been allowed to continue providing essential transportation to Hawaii's citizens and competition to interisland airlines.

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Wednesday, May 06, 2009
Justice Moon: Cut Judiciary funds and we will go back to deciding what is right and wrong in accordance with the law
By @ 8:22 AM :: 4082 Views :: Judiciary

A decrease in the Hawaii State Judiciary's budget could result in a narrowing of services and a return to the Judiciary's original mission: To decide what is right and wrong in accordance with the law, Moon said.

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