Research aimed at reducing health disparities must move beyond the academic and provide practical... more Research aimed at reducing health disparities must move beyond the academic and provide practical value. Developing policy briefs that provide a description of the current policy framework along with evidence-based recommendations that can be shared with decision-makers is one way to accomplish this. Researchers, then, can lend their authority to increase awareness moving the policy process forward. The purpose of this paper is to outline a way to develop policy briefs and provide an example of this methodological framework through a case study. The case study was developed as part of a community-engaged research project exploring the conceptualization of historical trauma among Native Hawaiian youth. The policy brief was developed by first searching the Hawai'i State Legislature database in Westlaw limiting the search to the past 10 years for legislation related to historical trauma, structural racism, or related concepts. The results encompassed 104 bills and resolutions, of which 11 passed and 93 failed to pass. Successful legislation acknowledged the role of racism to health and supported the use of trauma-informed care but stopped short of addressing historical trauma. Several gaps were identified including a failure to address collective trauma or trauma specific to colonization suggesting a reluctance to acknowledge intergenerational trauma as an element of present experiences. The policy brief developed for this project was provided to community partners to support their advocacy efforts. This manuscript showcases a process researchers can use to analyze legislative records and develop policy briefs that can support their community partners.
Aflare-up from a reportedly contained brush fire outside Lahaina on the island of Maui, Hawaii, g... more Aflare-up from a reportedly contained brush fire outside Lahaina on the island of Maui, Hawaii, grew into the deadliest US fire in more than a century. The furious fire, resurrected by 80 mile per hour winds from Hurricane Dora, decimated the physical structures of the town in just under threehours1 but will take residents decades, perhaps even generations, to recoverfrom. The Lahaina fire, exacerbated by Hawaii’s legacy of colonialism, adds to the complex emotions that the Native Hawaiian residents are grappling with. Although the fire unfolded quickly, the cleanup, recovery, and healing require public and mental health professionals to rethink how we respond to complex trauma and collective grief in the context of historical, recurring loss.
The precarious financial status of the majority of Hawai'i residents coupled with the state's hea... more The precarious financial status of the majority of Hawai'i residents coupled with the state's heavy reliance on tourism suggests that residents are particularly vulnerable to increased economic hardship resulting from the COVID-19 pandemic, which temporarily shut down the tourism industry and continues to erect barriers for resuming operations. Understanding how Hawai'i residents prioritize access to health care, food economics, care of 'āina, and culturally informed community in light of the current and future economic situation can inform policy actions that will support public health. To that end, this paper analyzes: (1) Hawai'i residents' views on health, specifically food security and healthcare, and their priorities for the future of these areas; (2) the differences between Native Hawaiian and non-Native Hawaiian views and priorities; and (3) the differences in views and priorities between families with higher and lower levels of economic stability. The authors close with policy recommendations that can be seen as medicine, or ways to heal Hawai'i, as the state shifts towards a more equitable and sustainable future.
This article is an open access article distributed under the terms and conditions of the Creative... more This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY
Tribal nations have entered an era of nation building or the process by which a native nation enh... more Tribal nations have entered an era of nation building or the process by which a native nation enhances its foundational capacity for effective self-governance and self-determination. While many tribal nations have become more economically secure in recent years, legitimacy has remained elusive for some. Successful tribal nations, alongside struggling nations, often endure setbacks as citizens question and critique all actions of the tribal government. Focusing on developing legitimacy-building institutions will assist tribal nations not only gain validity in the eyes of their citizens, but also reconnect with the values of their community. This article suggests that tribal nations should re-evaluate their governing institutions to seek ways to insert culturally relevant legitimacybuilding institutions, provides several best practices, and articulates ways in which the discipline of public affairs can help facilitate native nation building.
As indigenous governing entities expand their political and administrative reach, more indigenous... more As indigenous governing entities expand their political and administrative reach, more indigenous students will be seeking out degrees in public administration. While many indigenous students opt to stay close to their home many still expect to travel to attend college (Thomas, et al., 2012). Public administration programs should recognize the trend in indigenous governance growth and adjust their curriculum to include this developing sector. When we start with indigenous students' values and incorporate their values into the curriculum, assessment, and environment we see students thrive. Creating valuable learning environments for indigenous students is not a zero sum proposition. Rather, such an environment can prepare both indigenous and non-indigenous students to effectively understand and respect issues related to indigenous people. The overarching result will be the development of students who will be better prepared to create strong and inclusive policies when dealing with indigenous issues.
The establishment of federal recognition is the cornerstone of federal Indian law. All rights, in... more The establishment of federal recognition is the cornerstone of federal Indian law. All rights, including criminal jurisdiction, tax status, gaming rights, and hunting and fishing rights, stem from this initial acknowledgment. Yet prior law review articles have focused only on the overarching process of federal recognition without closely examining the actual administrative findings of the Department of the Interior. This article will provide an in-depth examination of the regulations governing whether an Indian entity is entitled to the benefits of a government-to-government relationship with the United States. Specifically, this article examines the regulatory process for filing a federal recognition petition and critiques four of the criteria that petitioning Indian entities consistently fail to meet. By reviewing Department of the Interior decisions, this article demonstrates the inconsistencies in regulatory interpretations and guidance documents as well as the inherent biases in the current regulatory framework. Finally, the article discusses potential solutions to these problems and identifies the first step necessary in order to fully understand the depth of this regulatory issue.
INTRODUCTION .................................................................................. 1... more INTRODUCTION .................................................................................. 168 I.THE IMPACT OF THE INDIAN CIVIL RIGHTS ACT ............................ 171 A. Born of Two-Policy Eras ................................................ 171 B. ICRA: The Good, the Bad, and the Ugly ........................ 175 II.NATIVE HAWAIIAN SOVEREIGNTY IN THE MODERN ERA ............. 180 A. From the Kingdom of Hawaiʻi to Annexation ................ 180 B. Federal Recognition: The Search for and the Obstacles to Overcome ........................................................................ 183 III.ICRA AND NATIVE HAWAIIANS .................................................. 188 A. Rulemaking to Reestablish a Government-to-Government Relationship: Does the ICRA Belong? ........................... 188 B. Constitution of the Native Hawaiian Nation: Traditional Values and the ICRA ...................................................... 196 CONCLUSION ..................................................................................... 201
The Indian Child Welfare Act (ICWA) was enacted in response to the removal of Indian children fro... more The Indian Child Welfare Act (ICWA) was enacted in response to the removal of Indian children from their homes at exorbitant rates by state social services. Many state actors, including state courts, resist the ICWA because they feel the best interests of the child is lost when the Act is followed. This paper analyzes how Arizona's state courts are implementing the ICWA by comparing early appellate cases with current cases. What is lost in most ICWA research is what tribes are doing to implement child welfare on reservations. Thus, this paper also incorporates an analysis on tribal court decisions, tribal child welfare codes, and tribal family preservation programs. When possible interviews of tribal officials were conducted to supplement written material available on tribes. With an understanding of the tribal perspective on the ICWA and child welfare, in general, we will gain a more accurate picture of the ICWA implementation statewide.
Indigenous governments are growing in size and strength. As a result, indigenous issues are becom... more Indigenous governments are growing in size and strength. As a result, indigenous issues are becoming more frequently and prominently in the public administration landscape. Whether it is natural resource management, culturally appropriate foster home placements, or eradicating known drug trafficking routes that cross tribal jurisdictions, there are a multitude of ways that federal, state, and local public managers may encounter indigenous issues. Incorporating indigenous learning environments into public administration programs will not only serve to further the needs of indigenous students, but will also strengthen public administration programs as a whole. Our method for creating a learning environment that embraces indigenous students is to incorporate indigenous issues into the core curriculum, include indigenous ways of knowing into the program, provide for indigenous focused student assessment, and ensure cultural appropriateness. This four-pronged approach will ensure that an indigenous valued learning environment is part of any public administration program.
International Journal of Environmental Research and Public Health, May 31, 2021
This article is an open access article distributed under the terms and conditions of the Creative... more This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY
Indigenous communities in North America have distinct colonial histories with their own story of ... more Indigenous communities in North America have distinct colonial histories with their own story of how their ancestors were able to survive the mass effort to take their land, resources, language, culture, and sometimes even their lives. These stories have been passed down orally and through the DNA of the descendants of survivors via epigenetics. The Historical Loss Scale (HLS) and Historical Loss Associated Symptoms Scale (HLASS) are two validated scales that measure historical trauma among Native Americans. However, as different Indigenous communities have different colonial histories, it is critical to ensure that tools used to measure historical trauma are valid for that specific communities. When these scales are applied to Native Hawaiians, these measures may not provide an accurate picture of the historical trauma experienced by Native Hawaiians. As part of the effort to adapt the HLS for Native Hawaiians, we conducted a crosswalk analysis of the HLS and HLASS with a recent st...
Faculty research agendas are informed by and intertwined with the evaluation process. One’s resea... more Faculty research agendas are informed by and intertwined with the evaluation process. One’s research agenda influences productivity, choice in methodology, and dissemination decisions. Indigenous researchers often undergo a dual evaluation process—one with their academic institution and another with their Indigenous communities. Indigenous researchers, situated in the liminal space between these two spheres, need control over the research process in order to conduct the type of research their communities desire, while meeting the standards of their institution. Using a series of talk stories with Indigenous faculty, this article explores how the tenure process often is a barrier to Indigenous research sovereignty. Indigenous faculty, in this study, articulated feeling lonely and, at times, ill-prepared due to a lack of mentors, prior traumatic academic experiences, and the weight of the many facets of a faculty position. They also noted a disconnect between their institutional proce...
ʻĀina (land) is central to Native Hawaiian culture and ways of life. The illegal overthrow of the... more ʻĀina (land) is central to Native Hawaiian culture and ways of life. The illegal overthrow of the Hawaiian Kingdom and annexation to the US resulted in the loss of Hawaiian crown and government land, which was placed in trust for the benefit of the Hawaiian people. These lands, now managed by the State of Hawaiʻi, were reconstituted as the Public Land Trust (PLT) with one of the articulated uses being the betterment of Native Hawaiians. While the Hawaiʻi State Constitution restored Native control over a proportional share of revenue generated from PLT lands, the US Supreme Court removed Native self-determination over the trust by opening its selection of trustees to non-Native Hawaiians. Applying a critical policy lens, this paper explores the rise and end of Native Hawaiian control over their own PLT share. Using the policy surveillance methodology, this study explores the recent expansion of Native Hawaiian consultation law and whether this has restored some self-determination ove...
Research aimed at reducing health disparities must move beyond the academic and provide practical... more Research aimed at reducing health disparities must move beyond the academic and provide practical value. Developing policy briefs that provide a description of the current policy framework along with evidence-based recommendations that can be shared with decision-makers is one way to accomplish this. Researchers, then, can lend their authority to increase awareness moving the policy process forward. The purpose of this paper is to outline a way to develop policy briefs and provide an example of this methodological framework through a case study. The case study was developed as part of a community-engaged research project exploring the conceptualization of historical trauma among Native Hawaiian youth. The policy brief was developed by first searching the Hawai'i State Legislature database in Westlaw limiting the search to the past 10 years for legislation related to historical trauma, structural racism, or related concepts. The results encompassed 104 bills and resolutions, of which 11 passed and 93 failed to pass. Successful legislation acknowledged the role of racism to health and supported the use of trauma-informed care but stopped short of addressing historical trauma. Several gaps were identified including a failure to address collective trauma or trauma specific to colonization suggesting a reluctance to acknowledge intergenerational trauma as an element of present experiences. The policy brief developed for this project was provided to community partners to support their advocacy efforts. This manuscript showcases a process researchers can use to analyze legislative records and develop policy briefs that can support their community partners.
Aflare-up from a reportedly contained brush fire outside Lahaina on the island of Maui, Hawaii, g... more Aflare-up from a reportedly contained brush fire outside Lahaina on the island of Maui, Hawaii, grew into the deadliest US fire in more than a century. The furious fire, resurrected by 80 mile per hour winds from Hurricane Dora, decimated the physical structures of the town in just under threehours1 but will take residents decades, perhaps even generations, to recoverfrom. The Lahaina fire, exacerbated by Hawaii’s legacy of colonialism, adds to the complex emotions that the Native Hawaiian residents are grappling with. Although the fire unfolded quickly, the cleanup, recovery, and healing require public and mental health professionals to rethink how we respond to complex trauma and collective grief in the context of historical, recurring loss.
The precarious financial status of the majority of Hawai'i residents coupled with the state's hea... more The precarious financial status of the majority of Hawai'i residents coupled with the state's heavy reliance on tourism suggests that residents are particularly vulnerable to increased economic hardship resulting from the COVID-19 pandemic, which temporarily shut down the tourism industry and continues to erect barriers for resuming operations. Understanding how Hawai'i residents prioritize access to health care, food economics, care of 'āina, and culturally informed community in light of the current and future economic situation can inform policy actions that will support public health. To that end, this paper analyzes: (1) Hawai'i residents' views on health, specifically food security and healthcare, and their priorities for the future of these areas; (2) the differences between Native Hawaiian and non-Native Hawaiian views and priorities; and (3) the differences in views and priorities between families with higher and lower levels of economic stability. The authors close with policy recommendations that can be seen as medicine, or ways to heal Hawai'i, as the state shifts towards a more equitable and sustainable future.
This article is an open access article distributed under the terms and conditions of the Creative... more This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY
Tribal nations have entered an era of nation building or the process by which a native nation enh... more Tribal nations have entered an era of nation building or the process by which a native nation enhances its foundational capacity for effective self-governance and self-determination. While many tribal nations have become more economically secure in recent years, legitimacy has remained elusive for some. Successful tribal nations, alongside struggling nations, often endure setbacks as citizens question and critique all actions of the tribal government. Focusing on developing legitimacy-building institutions will assist tribal nations not only gain validity in the eyes of their citizens, but also reconnect with the values of their community. This article suggests that tribal nations should re-evaluate their governing institutions to seek ways to insert culturally relevant legitimacybuilding institutions, provides several best practices, and articulates ways in which the discipline of public affairs can help facilitate native nation building.
As indigenous governing entities expand their political and administrative reach, more indigenous... more As indigenous governing entities expand their political and administrative reach, more indigenous students will be seeking out degrees in public administration. While many indigenous students opt to stay close to their home many still expect to travel to attend college (Thomas, et al., 2012). Public administration programs should recognize the trend in indigenous governance growth and adjust their curriculum to include this developing sector. When we start with indigenous students' values and incorporate their values into the curriculum, assessment, and environment we see students thrive. Creating valuable learning environments for indigenous students is not a zero sum proposition. Rather, such an environment can prepare both indigenous and non-indigenous students to effectively understand and respect issues related to indigenous people. The overarching result will be the development of students who will be better prepared to create strong and inclusive policies when dealing with indigenous issues.
The establishment of federal recognition is the cornerstone of federal Indian law. All rights, in... more The establishment of federal recognition is the cornerstone of federal Indian law. All rights, including criminal jurisdiction, tax status, gaming rights, and hunting and fishing rights, stem from this initial acknowledgment. Yet prior law review articles have focused only on the overarching process of federal recognition without closely examining the actual administrative findings of the Department of the Interior. This article will provide an in-depth examination of the regulations governing whether an Indian entity is entitled to the benefits of a government-to-government relationship with the United States. Specifically, this article examines the regulatory process for filing a federal recognition petition and critiques four of the criteria that petitioning Indian entities consistently fail to meet. By reviewing Department of the Interior decisions, this article demonstrates the inconsistencies in regulatory interpretations and guidance documents as well as the inherent biases in the current regulatory framework. Finally, the article discusses potential solutions to these problems and identifies the first step necessary in order to fully understand the depth of this regulatory issue.
INTRODUCTION .................................................................................. 1... more INTRODUCTION .................................................................................. 168 I.THE IMPACT OF THE INDIAN CIVIL RIGHTS ACT ............................ 171 A. Born of Two-Policy Eras ................................................ 171 B. ICRA: The Good, the Bad, and the Ugly ........................ 175 II.NATIVE HAWAIIAN SOVEREIGNTY IN THE MODERN ERA ............. 180 A. From the Kingdom of Hawaiʻi to Annexation ................ 180 B. Federal Recognition: The Search for and the Obstacles to Overcome ........................................................................ 183 III.ICRA AND NATIVE HAWAIIANS .................................................. 188 A. Rulemaking to Reestablish a Government-to-Government Relationship: Does the ICRA Belong? ........................... 188 B. Constitution of the Native Hawaiian Nation: Traditional Values and the ICRA ...................................................... 196 CONCLUSION ..................................................................................... 201
The Indian Child Welfare Act (ICWA) was enacted in response to the removal of Indian children fro... more The Indian Child Welfare Act (ICWA) was enacted in response to the removal of Indian children from their homes at exorbitant rates by state social services. Many state actors, including state courts, resist the ICWA because they feel the best interests of the child is lost when the Act is followed. This paper analyzes how Arizona's state courts are implementing the ICWA by comparing early appellate cases with current cases. What is lost in most ICWA research is what tribes are doing to implement child welfare on reservations. Thus, this paper also incorporates an analysis on tribal court decisions, tribal child welfare codes, and tribal family preservation programs. When possible interviews of tribal officials were conducted to supplement written material available on tribes. With an understanding of the tribal perspective on the ICWA and child welfare, in general, we will gain a more accurate picture of the ICWA implementation statewide.
Indigenous governments are growing in size and strength. As a result, indigenous issues are becom... more Indigenous governments are growing in size and strength. As a result, indigenous issues are becoming more frequently and prominently in the public administration landscape. Whether it is natural resource management, culturally appropriate foster home placements, or eradicating known drug trafficking routes that cross tribal jurisdictions, there are a multitude of ways that federal, state, and local public managers may encounter indigenous issues. Incorporating indigenous learning environments into public administration programs will not only serve to further the needs of indigenous students, but will also strengthen public administration programs as a whole. Our method for creating a learning environment that embraces indigenous students is to incorporate indigenous issues into the core curriculum, include indigenous ways of knowing into the program, provide for indigenous focused student assessment, and ensure cultural appropriateness. This four-pronged approach will ensure that an indigenous valued learning environment is part of any public administration program.
International Journal of Environmental Research and Public Health, May 31, 2021
This article is an open access article distributed under the terms and conditions of the Creative... more This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY
Indigenous communities in North America have distinct colonial histories with their own story of ... more Indigenous communities in North America have distinct colonial histories with their own story of how their ancestors were able to survive the mass effort to take their land, resources, language, culture, and sometimes even their lives. These stories have been passed down orally and through the DNA of the descendants of survivors via epigenetics. The Historical Loss Scale (HLS) and Historical Loss Associated Symptoms Scale (HLASS) are two validated scales that measure historical trauma among Native Americans. However, as different Indigenous communities have different colonial histories, it is critical to ensure that tools used to measure historical trauma are valid for that specific communities. When these scales are applied to Native Hawaiians, these measures may not provide an accurate picture of the historical trauma experienced by Native Hawaiians. As part of the effort to adapt the HLS for Native Hawaiians, we conducted a crosswalk analysis of the HLS and HLASS with a recent st...
Faculty research agendas are informed by and intertwined with the evaluation process. One’s resea... more Faculty research agendas are informed by and intertwined with the evaluation process. One’s research agenda influences productivity, choice in methodology, and dissemination decisions. Indigenous researchers often undergo a dual evaluation process—one with their academic institution and another with their Indigenous communities. Indigenous researchers, situated in the liminal space between these two spheres, need control over the research process in order to conduct the type of research their communities desire, while meeting the standards of their institution. Using a series of talk stories with Indigenous faculty, this article explores how the tenure process often is a barrier to Indigenous research sovereignty. Indigenous faculty, in this study, articulated feeling lonely and, at times, ill-prepared due to a lack of mentors, prior traumatic academic experiences, and the weight of the many facets of a faculty position. They also noted a disconnect between their institutional proce...
ʻĀina (land) is central to Native Hawaiian culture and ways of life. The illegal overthrow of the... more ʻĀina (land) is central to Native Hawaiian culture and ways of life. The illegal overthrow of the Hawaiian Kingdom and annexation to the US resulted in the loss of Hawaiian crown and government land, which was placed in trust for the benefit of the Hawaiian people. These lands, now managed by the State of Hawaiʻi, were reconstituted as the Public Land Trust (PLT) with one of the articulated uses being the betterment of Native Hawaiians. While the Hawaiʻi State Constitution restored Native control over a proportional share of revenue generated from PLT lands, the US Supreme Court removed Native self-determination over the trust by opening its selection of trustees to non-Native Hawaiians. Applying a critical policy lens, this paper explores the rise and end of Native Hawaiian control over their own PLT share. Using the policy surveillance methodology, this study explores the recent expansion of Native Hawaiian consultation law and whether this has restored some self-determination ove...
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