Political Science
Constitutional Law and Western Art Music: A Comparative Analysis of Interpretation Methods
Presenter(s): Olivia Mello
Advisor(s): Dr. John Compton
Classically trained musicians understand a piece not only through its notational schemes but through a detailed interpretive analysis process, which includes aspects not explicitly indicated on the score. Looking at original manuscripts, examining performance choices made by past performers, and analyzing the differences in instrument capabilities over time all serve as examples of the intensive nature of the work of conservatory students and world-class professional musicians alike. Interpretation practices conducted by performers share significant similarities with judicial review. Constitutional law terms may be applied to describe the interpretation strategies used by musicians. Specifically, the constitutional law theories of originalism, doctrinalism, puposivism, and textualism apply to the various interpretations of western art music. Scholars of the law apply these structural methods of analysis to address constitutional issues. Like music, the application and practice of the law can be both objective and subjective. The main challenge for both constitutional law theorists and interpreters of western art music is reconciling the differences between interpretation methods. Whether it be analyzing the intentions of the Founders or composers, both musicians and law scholars must overcome significant scrutiny concerning the conjecture of their choices. Beyond interpretation methods, there is a vast amount of research opportunities available for other parallels between musicians and attorneys, which reaches outside the scope of intellectual property law. Using this framework for discussion in music pedagogical situations would enhance student comprehension. Additionally, discussing interdisciplinary similarities is conducive to bringing a new awareness and intellectual curiosity for both experts and the general public.
Local Identity vs. Native Identity: From Massie v. Kahahawai (1932) to TMT (2009-)
Presenter(s): Nicole Saito
Advisor(s): Dr. Sandra Alvarez
Historians have reached the general consensus that the ‘local’ identity of Hawaii was first tangibly formed as a reaction by working-class people of color to the 1932 “Massie v. Kahahawai” trials, in which a white woman, Thalia Massie, accused five local men of color (Native Hawaiian, Chinese, and Japanese) of rape; a mistrial was declared; and her family kidnapped and lynched one of the acquitted defendants, Joseph Kahahawai. The tragedy concretized an already developing local identity--an alliance between Native Hawaiians and Asian Americans—which positioned itself in opposition toward perceived abuses from white elites and mainland U.S. business interests. However, since the 1930s, Asian-Americans and Native Hawaiians have frequently clashed over differing political interests. The most powerful criticism of the ‘local’ alliance between Asian-Americans and Native Hawaiians comes from Native scholar Haunani Kay-Trask, who claims that the local identity is not a multiethnic coalition, but rather, a re-labelling of identity for Asian residents of Hawaii that “blurs the history of Hawai’i’s only indigenous people while staking a settler claim." This research project will investigate the legitimacy of Trask’s claim in conversation with mainstream scholarship on the politics and history of local identity. Adopting the framework of Mahler and Pierskalla’s “Indigenous Identity, Natural Resources, and Contentious Politics in Bolivia: A Disaggregated Conflict Analysis, 2000- 2011,” the fissures in local identity will be analyzed, especially with regard to differing claims over political legitimacy, authority over land resources, and business development in the islands. The ongoing controversy over the construction of the Thirty Meter Telescope (TMT) on the sacred Hawaiian mountain, Mauna Kea, will be used as a case study for interpretive analysis, reflecting the possible unsustainability of the local identity catalyzed by other underlying political issues in the 50th state, such as the disillusionment with the Democratic Party of Hawaii.