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UH constitutional law professor Jon Van Dyke dies

By Kevin Dayton

POSTED:
LAST UPDATED: 12:16 p.m. HST, Nov 30, 2011


Jon Van Dyke, a University of Hawaii law professor and leading authority on Native Hawaiian law and constitutional law, died Tuesday night while traveling in Australia, a spokeswoman for the UH Richardson School of Law confirmed. He was 68.

"Hawaii has lost a steadfast advocate for Native Hawaiian and civil rights, a leading expert on Hawaiian land and water rights law, and a tireless defender of public lands and natural resources," U.S. Sen. Daniel Akaka said.

Van Dyke's death was unexpected, and he died in his sleep during a trip to a conference on ocean-related law in Melbourne, Australia. Van Dyke had been expected to deliver the keynote speech, and organizers of the conference realized something was wrong when he didn't show up to deliver the address, said Avi Soifer, dean of the UH law school.

Soifer described Van Dyke as a low-key, but brilliant professor, researcher and educator who excelled in a multiple areas of law, including Native Hawaiian rights, human rights, constitutional law and international law related to islands and the sea.

"Jon always stood up for what he felt was pono — right and just," Akaka said. "He was an inspiration for our community and his students. Because of Jon's work, the principle of protecting our cultural and historic resources has been preserved, and the tradition of sharing the resources of our beautiful beaches and other natural resources with all continues to be honored."

The law school is holding a memorials today during Van Dyke's regularly scheduled constitutional law class at 1:30 p.m. and 5:30 p.m. and members of the law school community are invited to gather in the moot courtroom all day to mourn, share stories and sign a book of condolences.

As a young law professor Van Dyke was deeply involved in the 1978 state Constitutional Convention, a pivotal turning point in modern Hawaii politics. The convention led to the establishment of the state Office of Hawaiian Affairs to try to provide redress to the Hawaiian people, Soifer said.

Van Dyke had sparkling blue eyes and a relaxed, questioning style of engaging with students and acquaintances. "He didn't flaunt his knowledge, but you would quickly find out how deep his knowledge was in lots of different areas," Soifer said.

Van Dyke joined the UH law school in 1976 and was one of the longest-serving members of the faculty. He previously taught at the Hastings College of Law, University of California, San Francisco, and at the Catholic University Law School, Washington, D.C.

"I find it virtually impossible to think about the law school and our community without picturing Jon working away and bringing his extraordinary array of different skills to bear on all kinds of genuinely important projects and commitments," Soifer said in an e-mail to students.

Van Dyke was author of six books, including  "Who Owns the Crown Lands of Hawaii?" in 2008, "Jury Selection Procedures: Our Uncertain Commitment to Representative Panels" in 1977, and "North Vietnam's Strategy for Survival" in 1972. He was also editor of five additional volumes related to issues surrounding law of the sea.

He served as the law school's associate dean from 1980 to 1982. He was also director of the Spark M. Matsunaga Institute for Peace from 1988 to 1990, and was an adjunct research associate or fellow at the East-West Center from 1979 to 1991, and from 2000 to 2011, according to his biography.

Van Dyke was recipient of a UH presidential citation for excellence in teaching in 1987, and was selected outstanding professor at the law school on four occasions.

He graduated from Harvard Law School in 1967.

Van Dyke is survived by his wife, attorney Sherry Broder; two sons, Jesse Broder Van Dyke, a spokesman for  Akaka, and Eric; and daughter Michelle.






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Leewardboy wrote:
Professor Jon Van Dyke - excellent teacher. Condolences to his family.
on November 30,2011 | 07:47AM
justin_thyme wrote:
My heartfelt condolences to Sherry and her children. Jon will be sorely missed.
on November 30,2011 | 07:51AM
Kaimukier wrote:
JVD was a wonderful teacher, person and community leader This is such a terrible loss for so many. Our hearts go out to his family.
on November 30,2011 | 08:00AM
kapoleitalkstory wrote:
He will be missed!
on November 30,2011 | 08:08AM
LanaUlulani wrote:
May the higher power have mercy on his soul despite him showing no mercy on Hawaiians in his book titled, "Who Owns the Crown Lands of Hawai'i?" Ali'i still do yet he showed no mercy on Hawaiians.

May the higher power have mercy on his soul to this evil-doer.


on November 30,2011 | 08:10AM
Bothrops wrote:
Honi soit qui mal y pense
on November 30,2011 | 10:33AM
wahinemaoli wrote:
how dare you! you have no conscious for his grieving family. you should be ashamed of yourself. just because you don't agree with him doesn't make him evil.
on November 30,2011 | 10:35AM
LanaUlulani wrote:
Oh I do have a conscience and NO I am not ashamed. That is why I use my REAL name.

The problem is that Mr. Van Dyke did not have a conscience and is partly responsible for creating a system of a Matrix for Hawaiians. This system that he helped to create has caused approximately 200,000 out of the approximate 401,000 to flee Hawai'i and to leave everyone and everything that they have ever known.

Like I stated earlier... MAY THE HIGHER POWER HAVE MERCY ON HIS SOUL FOR HE DID EVIL DEEDS TO MANY HAWAIIANS.


on November 30,2011 | 12:16PM
MoTown808 wrote:
Jon Van Dyke has done more for the Native Hawaiian community in one-month than you will ever do in your life time Lana Tam Hoy Robbins.
on November 30,2011 | 08:00PM
Anonymous wrote:
absolutely, yes Lana Ululani, what exactly have you done for our community?
on December 1,2011 | 03:09PM
LanaUlulani wrote:
Just to name a few:

1. Donate to Aha Punana Leo

2. Post pictures online so that the world can see the plight of Hawaiians at www.JusticeForHawaiians.com and www.StopTheAkakaBill.com

3. Donate to PBS Hawai'i

A better question would be... what have YOU done. IF you are a former student of Professor Van Dyke then obviously you have done little to change the status quo so before asking ME that question... ASK YOURSELF.


on December 2,2011 | 09:29AM
LanaUlulani wrote:

Exactly. How would you know what I DO. However I did not help to create the Office of Hawaiian Affairs which set the framework for nearly 200,000 Hawaiians out of 401,000 Hawaiians left in this world to FLEE Hawai'i and leave everyone and everything they have ever known. Source: OHA Native Hawaiian Data Book 2006

Professor Van Dyke helped SOME Hawaiians at UH Law School. Meanwhile nearly 200,000 Hawaiians have left EVERYTHING AND EVERYONE THEY HAVE EVER KNOWN AND SPEND THE REST OF THEIR LIVES TRYING TO ACQUIRE EQUITY TO GO BACK HOME.

So sorry to disappoint his students but instead of asking ME what I have done to help Hawaiians you may want to ask YOURSELVES that question FIRST. Looks to me that you have done LITTLE to change the status quo. So far close to 50 PERCENT of Hawaiians left in this world have left home. WHAT HAVE YOU DONE? Thus my point.

on December 2,2011 | 09:26AM
LanaUlulani wrote:


How would you know what I DID, DO, or DIDN'T do for other Hawaiians. You don't. However I can understand some local people's need to defend Professor Van Dyke who helped set the framework for the Office of Hawaiian Affairs.

The result has been CATASTROPHIC. Nearly 200,000 Hawaiians out of 401,000 Hawaiians left in this world have LEFT HOME and LEFT EVERYONE AND EVERYTHING THEY HAVE EVER KNOWN.

Clearly some people are busy focusing on themselves and what THEY got. However within these nearly 200,000 or so Hawaiians out of ~401,000 Hawaiians left in this world there are CHILDREN. THEREFORE... GET OVER YOURSELF.


on December 2,2011 | 10:17AM
Anonymous wrote:
Obviously you are a little off the rocker. Mr. Van Dyke is partially responsible for a system that has caused approximately 200,000 Hawaiians to flee Hawaii? Is there some kind of evidence to support this statement? Not even your numbers make any sense. Yes obviously you have no shame, because you don't care about hurting his family, his young children who just suddenly and unexpectantly lost their father. I would love to know what you have done to help the Native Hawaiian community? I'm pretty sure that if you ask some of our most committed Native Hawaiian patriots what they think about Jon's contributions, they would disagree. Ask Dr. Jonathan Osorio. In the meantime I would love to see your list of contributions.
on December 1,2011 | 03:13PM
LanaUlulani wrote:
IF you are a former student of Professor Van Dyke then you would know to do your research. Look up the 1978 state Constitutional Convention where he helped create the framework of the Office of Hawaiian Affairs. Then do more of your OWN research and read the Office of Hawaiian Affair's Native Hawaiian Databook 2006.

As far as what I have done... I have done many things but one thing I DID NOT DO is create a MATRIX like Professor Van Dyke did to Hawaiians. Obviously he helped SOME Hawaiians who attended UH law school but he did NOT help the nearly 200,000 or so out of 401,000 or so Hawaiians left in this world. Nearly 200,000 or so Hawaiians have left EVERYTHING AND EVERYONE THEY HAVE EVER KNOWN DUE IN PART TO HIS PART in the 1978 state Constitutional Convention. Obviously some people think of themselves only. That is not surprising. However there are nearly 200,000 or so Hawaiians who have LEFT HOME. GET OVER YOURSELF.


on December 2,2011 | 09:32AM
wahinemaoli wrote:
Okay so I am done wasting my time on you. You cant even get your facts straight and if you think your donations are a significant contribution you are laughable. Don't worry about what I've done - my entire career is focused on helping our people, on the ground, in the community, rural communities. Yes Hawaiian attorneys who have decided to dedicate their lives to helping our people. There are many of us. No need to school me on the constitution babe my professors have already done that, including JVD. And yes I am a former student of JVD, but I am also a Hawaiian woman, who traveled a long and difficult journey to get to this place, and who strongly understands my kuleana to my family, my community, and my lahui. The difference between you and I - I am actually doing something about that kuleana. The sad thing is we probably would agree on so many important issues, but you choose negativity over productivity. You think your helping our people with this rhetoric? People like you are holding us back. Let me know when you have some real contributions to offer. I'm sure none of our real hawaiian leaders that have made significant strides would agree with what you've said. By the way, your words are so unHawaiian. I have forgiven you already because I realize you may not have been given the same opportunities.
on December 6,2011 | 11:23PM
KekoaBradshaw wrote:
Madame, you're pupule! "Evil-doer"---you sound just like a missionary.
on November 30,2011 | 11:33AM
LanaUlulani wrote:
No. I write what is called TRUTH. The problem is that Mr. Van Dyke did not have a conscience and is partly responsible for creating a system of a Matrix for Hawaiians. This system that he helped to create has caused approximately 200,000 out of the approximate 401,000 Hawaiians left in this world to flee Hawai'i and to leave everyone and everything that they have ever known.

I'm glad that I touched a nerve though. More importantly like I stated earlier .. MAY THE HIGHER POWER HAVE MERCY ON HIS SOUL and HIS SON'S SOUL FOR They BOTH DID EVIL DEEDS TO MANY HAWAIIANS.
on November 30,2011 | 12:18PM
KekoaBradshaw wrote:
Ua maopopo `ia `oe i ka mana`o o ka hua`oleleo "pupule"? Ke ha`i hou nei au, he pupule no 'oe, e LanaUlulani.
on November 30,2011 | 12:34PM
LanaUlulani wrote:
Hoʻokuʻikuʻi ʻōlelo oe. ʻOʻoleʻa nā ʻōlelo a me ʻoiaʻiʻo.
on December 2,2011 | 09:51AM
Poipounder808 wrote:
Luckily you do not speak for all Hawaiians, they would be ashamed.
on November 30,2011 | 03:07PM
LanaUlulani wrote:


That may or may not be true. At least for those Hawaiians who attended his classes at UH law school. On the other hand, for the nearly 200,000 or so out of the approximate 401,000 Hawaiians left in this world who have left home and left everyone and everything that they have ever known... WE AND THEY are NOT ashamed.

If anything those who SHOULD be ashamed are those who are CLEARLY thinking of themselves and what THEY got from Professor Van Dyke.

On the other hand for the nearly 200,000 or so out of the approximate 401,000 Hawaiians left in this world who have left home and left everyone and everything that they have ever known due in part to Professor Van Dyke's part in creating a MATRIX ... NO.


on December 2,2011 | 09:37AM
Meleana22 wrote:
@LanaUlulani You should be ashamed of yourself. You're out of line and a very disrespectful person to the Van Dyke family. You are certainly entitled to your own opinion; but posting such at this time shows no class and is inappropriate.
on November 30,2011 | 05:53PM
speakingtruth wrote:
LanaUlulani you are SO mean spirited. It is your soul that needs to be judged.
on November 30,2011 | 09:08PM
LanaUlulani wrote:


Again.. I am not the one who contributed to nearly 200,000 or so Hawaiians out of the nearly 401,000 or so Hawaiians left in this world who have LEFT home and LEFT everyone and EVERYTHING they have ever known. Many spend the rest of their LIVES to earn equity so that they can COME HOME. It is Professor Van Dyke who helped create the framework. Not I.


on December 2,2011 | 09:53AM
LanaUlulani wrote:
To be clear... I AM NOT ASHAMED OF MYSELF. There is NO SHAME IN TRUTH.
on December 2,2011 | 09:34AM
rks wrote:
Not the time nor the place for this kind of comment.
on November 30,2011 | 01:16PM
Lindall wrote:
Give it a rest. This man was someone to be admired and loved. Just because you do not agree, it doesn't give you the right to say such awful things. What good does it do but make you feel better. That is very selfish of you.
on November 30,2011 | 02:10PM
BRock wrote:
What an ungracious post. You ought to be ashamed for being so mean spirited
on November 30,2011 | 03:34PM
LanaUlulani wrote:


Again.. I am not the one who contributed to nearly 200,000 or so Hawaiians out of the nearly 401,000 or so Hawaiians left in this world who have LEFT home and LEFT everyone and EVERYTHING they have ever known due in part to Professor Van DYke's role in creating a Matrix that has been CATASTROPHIC ESPECIALLY TO HAWAIIAN CHILDREN. Many spend the rest of their LIVES to earn equity so that they can COME HOME. It is Professor Van Dyke who helped create the framework. NO. I AM NOT ASHAMED FOR CARING ABOUT HAWAIIAN CHILDREN.


on December 2,2011 | 10:32AM
wahinemaoli wrote:
where are these figures even coming from?! it doesnt even make sense. You think our people left because of the creation of OHA? Give me a break. Do some research, you dont even make sense. Do you even understand our history? Makes more sense to look at 1959 and the post statehood development boom, which further removed our people from their lands, lead to rapid development at the expense of our people, their land, and their resources. what are you talking about?!
on December 6,2011 | 11:28PM
Changalang wrote:
Huge loss of an excellent resource; R.I.P. Sir.
on November 30,2011 | 08:12AM
Vivgie wrote:
Wealth of knowledge gone. Big loss. Sounds like cardiac arrest. Heart just stops beating. A pacemaker or defibrillator might have saved him if implanted.
on November 30,2011 | 08:30AM
Changalang wrote:
Huge loss for local law students; he will be missed greatly.
on November 30,2011 | 08:35AM
1local wrote:
68 is too young - at least he found happiness and had a successful life...
on November 30,2011 | 08:44AM
Changalang wrote:
Professor Van Dyke was a giant amongst his peers.
on November 30,2011 | 08:48AM
Anonymous wrote:
This is Ken Conklin. I am not qualified to assess Jon VanDyke's scholarly performance on most of the areas of his work, but I do know that in my own area of expertise he did not hesitate to tell falsehoods or twist the truth regarding the Rice v. Cayetano decision, the ceded lands, and the Akaka bill. Perhaps that's because he took millions of dollars in legal fees (payoffs) from OHA for writing books, articles, and giving testimony as a shill for OHA's political views. I appeared on several TV and radio panels alongside him, debating those topics. I'll never forget that when the moderator opened the hour-long program by asking him to describe Rice v. Cayetano, the first sentence he spoke was a falsehood that it had been a 5-4 decision. It was actually 7-2, although 2 of those 7 wrote separate but concurring decisions because they wanted to go even further than the other 5 in overturning the 9th Circuit Court. When I explained this, he sheepishly backed off, apparently surprised that a non-lawyer would dare to challenge his outrageous twisting of the facts.
on November 30,2011 | 09:02AM
Ken_Conklin wrote:
Regarding the ceded lands: there's an article in the UH Law Review Vol. 31, No. 2, Fall 2008, pp. 341-368 by Paul Sullivan, an attorney who politely but powerfully refutes what Van Dyke wrote in his book about the ceded lands: http://tinyurl.com/chbkpx
on November 30,2011 | 11:02AM
Poipounder808 wrote:
Ken Conklin=No class
on November 30,2011 | 03:05PM
Anonymous wrote:
Ken Conklin, sh. Speak when you are invited to until them be invisible.
on November 30,2011 | 04:42PM
EducatedLocalBoy wrote:
Your equation is incomplete, here is the complete equation -- Ken Conklin = No class x (nut ignorant). This does not mean that I agreed with everything that Prof. Van Dyke wrote or thought -- I didn't and I went to an equally good law school as he did and was on the Dean's List there. There were some things I agreed with him, other things I disagreed with. However, reasonable minds can differ and can civilly disagree and debate with each other and not resort to personal, below the belt insults.
on November 30,2011 | 06:32PM
Lindall wrote:
Shame on you Ken_Conklin. Why are you so bitter?
on November 30,2011 | 10:03PM
eastside808 wrote:
This is neither the time nor place to make the kind of comments about a person who just passed away.
on November 30,2011 | 11:18AM
KekoaBradshaw wrote:
Agree, eastside808. A fanatic like Ken Conklin just HAS to make their point, no matter where or when
on November 30,2011 | 11:36AM
wahinemaoli wrote:
exactly, but what else would you expect from the likes of ken conklin?
on November 30,2011 | 12:05PM
KekoaBradshaw wrote:
Ken Conklin isn't the only one--see the posts above by "LanaUlulani", a fanatic from the opposite end of the spectrum.
on November 30,2011 | 12:37PM
LanaUlulani wrote:


Actually some people think that Professor Van Dyke is a great man. A great man helps MANY not just a select few.

He contributed to nearly 200,000 or so Hawaiians out of the nearly 401,000 or so Hawaiians left in this world who have LEFT home and LEFT everyone and EVERYTHING they have ever known. Many spend the rest of their LIVES to earn equity so that they can COME HOME.

It is Professor Van Dyke who helped create the framework when he took part in the 1978 state Constitutional Convention. Obviously he has helped SOME Hawaiians at UH law school. On the other hand, he did little to help the nearly 200,000 or so Hawaiians out of the nearly 401,000 or so Hawaiians left in this world who have LEFT home and LEFT everyone and EVERYTHING they have ever known due in part to Professor Van Dyke's role in the 1978 state Constitutional Convention.

Obviously some people value the life of ONE MAN over the lives of 200,000 or so Hawaiians. That is clear. One even going as far to say that Professor Van Dyke put Hawai'i on the world stage for indigenous rights. No. Queen Lili'uokalani did that. Not him.


on December 2,2011 | 10:00AM
Lindall wrote:
Totally agree with eastside808. This is definitely not the place to get your agressions out. Many more people like this wonderful person. If you do not agree this is absolutely the wrong place to express it. Everyone in this world has somebody that doesn't agree with them but there is no need to be nasty. Lets grow up Ken_Conklin and show love for other human beings.
on November 30,2011 | 02:15PM
Meleana22 wrote:
Ken Conklin -- Once again--this is not the time nor the place to leave such negative comments. You just demean yourself when you do so. Being mean spirited is a very unattractive personal trait.
on November 30,2011 | 06:00PM
LanaUlulani wrote:


Yes because some people value the life of ONE MAN than the nearly 200,000 or so Hawaiians out of the nearly 401,0000 or so Hawaiians left in this world who have left everything and EVERYONE they have ever known.

If that is the legacy that this teacher left... it is a VERY unattractive personal trait to be SELFISH and to FORGET ABOUT HAWAIIAN CHILDREN.


on December 2,2011 | 10:40AM
EducatedLocalBoy wrote:
While neither of you are right, if what you say is true, Van Dyke was more correct than you. 2 concurring votes does not make it 7 to 2--- it makes it 5 ,2 and 2. That is very important when determining what the law is because reason why a justice voted the way he or she did is just as important as the way he or she voted. This is because the rationale will tell you how he or she will vote in the future -- unless the Justice was Potter Stewart -- he was so unpredictable one never knew whose majority he would join, and his reasoning was rarely consistent. I do agree with others who say that whatever you thought about Prof. Van Dyke's philosophy it is "no class" to insult the dead -- they are not around to defend themselves and it is always sad to see one depart this world especially as unexpectedly as he did.
on November 30,2011 | 06:46PM
Kapakahi wrote:
Our community lost an extremely valuable member with the passing of Jon Van Dyke. My sympathies to the family. And to all of us, even those who may not understand how much we are diminished by this loss. Aloha, Jon!
on November 30,2011 | 09:19AM
Mikilai wrote:
Rest In Love ... professor Jon Van Dyke, you will be missed by many.
on November 30,2011 | 11:24AM
wahinemaoli wrote:
RIP Professor Van Dyke, amongst your significant contributions to the lahui, was your assistance in educating future Native Hawaiian attorneys. The analytical skills I developed through your courses and our discourse will continue to serve myself and my community. Aloha 'oe.
on November 30,2011 | 12:08PM
Eradication wrote:
I met professor Van Dyke only once many years ago. While I did not totally agree with his interpretation of Hawaiian History and law, I respected his viewpoint and his willingness to debate. Yes, Hawaii has lost a true scholar and someone who loved Hawaii nei totally. My condolences to his ohana and friends. To the people who wish hewa upon him now that he has passed, remember that it can return to you...
on November 30,2011 | 02:23PM
EducatedLocalBoy wrote:
What you said goes equally for Lana Ululani. I know someone who is one half native Hawaiian who personally saw how Iolani Luahine passed away. She was at George Ariyoshi's inauguration and was reciting what appeared to be a malevolent chant. The wind picked up, started to swirl as she chanted louder, then all of a sudeen she collapsed on the spot and passed away. They said it was a heart attack but the eye witness told me it appeared that she succumbed to the malevolence she was spreading. What ever you thought of Prof. Van Dyke, now is not the time to speak pilau of him. Have some respect for the newly departed and the family.
on November 30,2011 | 07:14PM
W15 wrote:
An excellent teacher, and a well-respected legal mind... Condolences to the Van Dyke family.
on November 30,2011 | 02:53PM
Kawipoo wrote:
I don't mean to be disrespectful but why is this breaking news. I bet 99.9% of the people other than students even heard of this guy.
on November 30,2011 | 02:57PM
Poipounder808 wrote:
And you would be wrong...
on November 30,2011 | 03:04PM
EducatedLocalBoy wrote:
And you, poipounder808 would be right. Prof. Van Dyke was always in the newspaper and on T.V. He was a great educator. As I stated earlier am not a worshiper of him, but Prof. Van Dyke played an important role in our community as an educator, commentator, legal opinion giver, advocate and thought provoker. Making people think, and stimulating discussion and debate over ideas in the gentlemanly, civil and respectful style he did was a great contribution to our community and he will be missed.
on November 30,2011 | 07:01PM
MoTown808 wrote:
You shouldn't generalize your ignorance as applicable to others. Jon Van Dyke was well known in many different circles throughout the world. He helped many smaller nations' judges and provided consultations to many countries. He was a well known international law litigator who, among his many accomplishments, advocated for justice against the Marcos' estate for human rights violations against Filipinos.
on November 30,2011 | 08:12PM
Anonymous wrote:
Many Hawaiian lawyers are products of his commitment. We have much to be proud of. Mahalo to his memory.
on November 30,2011 | 04:43PM
MoTown808 wrote:
We do indeed.
on November 30,2011 | 08:12PM
LanaUlulani wrote:
Exactly. YOU do because it is all about YOU and what YOU got.

On the other hand nearly 200,000 or so out of the approximate 401,000 Hawaiians left in this world have left home and left everyone and everything that they have ever known due in part to Professor Van Dyke's part in creating a MATRIX ... NO.

WE are not proud of Professor Van Dyke.
on December 2,2011 | 09:39AM
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