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26 APLPJ [i] (2024-2025)

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Editor's Note


       The editors of the Asian-Pacific Law & Policy Journal (APLPJ) proudly present our Fall
2024  issue (Volume 26, Issue 1). This issue features two articles and two student comments
encompassing  a variety of contemporary and important issues impacting the Asia-Pacific region.
Additionally, this issue features an article written by an APLPJ and University of Hawai'i William
S. Richardson School of Law (WSRSL)   alumnus.

       We  are honored to present the first article, Insular Japan and the Law by Colin P.A. Jones.
Jones is a law professor at Doshisha University in Kyoto, Japan and has contributed greatly to the
scholarship of law in Japan. This examines the distinctive constitutional challenges faced by
Japan's remote  islands, including the Amami,   Ryukyu,  and  Ogasawara  islands. Drawing
comparisons to the Insular Cases, where the U.S. Supreme Court addressed the application of the
Constitution to residents of U.S. territories, Jones delves into the constitutional issues of applying
Japanese law in the context of the islands' historical separation from Japanese authority and their
reintegration into Japanese sovereignty after World War II, paying particular attention to the cases
raised by Professor Yukihiro Enosawa in his 2018 book Remote Islands And The Law; Thinking
About  Constitutional Problems From The Izu And  Ogasawara  Islands (Japanese Translation).
Through  this article, Jones sheds light on the often-overlooked geographic minorities of Japan and
explores the intricate dynamics of uniting the nation's 14,125 islands within a cohesive political
and legal framework.

       The second article we are privileged to present is Hawai'i Family Court and Bridging the
Misconnect by  Nakoa S. Gabriel. Gabriel is a Class of 2024 graduate of WSRSL and formerly
served as Senior Editor for APLPJ. This article traces back the Native Hawaiian origins and
conceptual foundations of 'ohana and conflict resolution, which have been largely eroded with the
establishment of the modern  Hawai'i Family  Court system, closely modeled after American
judicial practices. Drawing upon Professor Kapua Sproat's restorative justice framework, Gabriel
critiques the adversarial nature of the current family court system and its failure to effectively
address the disproportionate challenges faced by Native  Hawaiian  youth, who  comprise  a
significant majority within the system. He concludes his article with a call to action, advocating
for the creation of a Native Hawaiian Cultural Court. This proposed court would incorporate
Native Hawaiian cultural practices of conflict resolution to reduce the high entry rates of Native
Hawaiian  youth into the system. Gabriel envisions this shift as a departure from the adversarial
American  court model toward a more collaborative and culturally grounded approach to resolving
disputes.

       The next two  student comments share a consistent theme of reparative justice, drawing
inspiration from the scholarship of Professor Emeritus Eric K. Yamamoto.

       The first comment we present is by Andy Z. Lei, entitled, From Railroads to Real Estate:
The Legacy of Exclusion Revived in New Alien Land Laws. Lei is a J.D. Candidate Class of 2025
at WSRSL.  This comment   questions the national security claims underlying Florida Senate Bill