E Ola Mau Ka ‘Ōlelo Hawaiʻi: Language Revitalization, Reparations, and the Courts

Once considered a dying language, ‘ōlelo Hawaiʻi (the Hawaiian language) has made a powerful resurgence in recent decades, thanks in large part to the proliferation of Hawaiian immersion programs at schools across the State. In 2019, the Hawaiʻi State Supreme Court strengthened these programs in Clarabal v. Department of Education, which held that the State of Hawaiʻi has a constitutional obligation to make all reasonable efforts to provide access to Hawaiian immersion education. This Note argues that Clarabal serves as an example of the type of reparative jurisprudence that is necessary to provide tangible restitutive benefits to historically victimized peoples.