State v. Hanapi’s Empirical Analysis
1998
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 2023
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Clark v. Community for Creative Non-Violence · Spence v. State of Washington · Baehr v. Lewin · State v. Kelekolio · Pele Defense Fund v. Paty
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We answer questions of constitutional law by exercising our own independent constitutional judgment based on the facts of the case. Thus, we review questions of constitutional law under the right/wrong standard.”
3 later decisions quote this exact passage · from the majority“The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.”
2 later decisions quote this exact passage · from the majority“This court has consistently recognized that “the reasonable exercise of ancient Hawaiian usage is entitled to protection under article XII, section 7.” Public Access Shoreline Hawai'i [Hawaii] v. Hawai'i County Planning Comm’n, 79 Hawai'i 425, 442 , 903 P.2d 1246, 1263 (1995) (hereinafter “PASH ”) (emphasis in original). See also Kalipi v. Hawaiian Trust Co., Ltd., 66 Haw. 1 , 656 P.2d 745 (1982) (recognizing Hawai'i’s constitutional mandate to protect traditional and customary native Hawaiian rights); Pele Defense Fund v. Paty, 73 Haw. 578, 620 , 837 P.2d 1247, 1272 (1992) (upholding the “Kalipi rights” defining the “rudiments of native Hawaiian rights protected by article XII, § 7” of the Hawai'i Constitution). In PASH, we further examined the legal developments of land tenure in Hawai'i and concluded that “the issuance of a Hawaiian land patent confirmed a limited property interest as compared with typical land patents governed by western concepts of property.” Id. Although PASH did not discuss the precise nature of Hawaii’s “limited property interest,” one limitation would be that constitutionally protected native Hawaiian rights, reasonably exercised, qualify as a privilege for purposes of enforcing criminal trespass statutes.”
1 later decision quote this exact passage · from the majoritye.g. State v. Pratt
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.