Kamehameha Schools Admissions Policy - Chapter 2

[lurkah]

The 9th U.S. Circuit refuses to force the school to admit a non-Hawaiian student right away.

[Miulang]

Re: Ruling Gives Kamehameha Time

The 9th U.S. Circuit refuses to force the school to admit a non-Hawaiian student right away.

The child will have to petition a judge in Hawai'i to issue an injunction to attend KSBE. In the meantime, KSBE I think will be filing an en banc petition (appeal) with the 9th Circuit to prevent the child from attending KSBE until all matters and appeals have been heard by a full panel of the 9th Circuit Court. The 9th Circuit Court could still deny the en banc petition and it might be a crapshoot depending on which judges are seated to hear the appeal.

Miulang

[admin]

Re: Ruling Gives Kamehameha Time

Let's consider this thread round two. Please keep it on-topic, and keep personal attacks out of it.

[Miulang]

Aug 20 Rally in San Francisco

Anyone who visits HawaiiThreads and who's in the Bay Area, there will be a rally next Saturday in front of the 9th Circuit Court.

Miulang

"Dear August 20 'ohana,

I want to extend my aloha pumehana to all of you -- your support and
enthusiasm for the August 20 rally has been tremendous! We are now
expecting hundreds to "e holopono me ka lokahi" - move forward with
righteousness and unity!

This e-mail contains important information so please forward as far and wide
as the original flyer so that all who want to participate will know
where/how to find us on August 20. Mahalo!

(1) Venue change: to accommodate the larger crowd, the need for a sound
system, and parking issues, we have changed the starting and ending
locations. Please spread the word! We will START AT THE NINTH CIRCUIT
COURT BUILDING at 95-7th St. (cross street is Mission) in San Francisco.
The "Civic Center" station for BART and Muni will get you to Market and
7th -- walk one block south toward Mission. If you're driving, there should
be ample parking in the city lots on Mission and 5th St. We will march FROM
the Ninth Circuit and END AT U.N. PLAZA , corner of 8th and Market. This
venue can accommodate a much larger crowd, and because of its location in
the heart of San Francisco, we are more likely to garner attention.

(2) Gentle but important reminder: Along those lines, I want to
encourage us in advance to remember that we want to draw attention for a
pono march and rally. Please keep signage to slogans such as "Education for
Hawaiians," "Justice for Hawaiians," "Hawaiian Unity," and the like. We
will have flyers from the Kamehameha Schools with educational information
about the admissions policy to hand out to media and interested passersby.
Let's make sure the judiciary (many of whom likely live in the Bay Area)
have a completely positive impression of us when the full panel convenes to
reconsider Doe vs. Kamehameha.

(3) Speaking of John Doe...Yesterday while taking communion I felt Akua's
Spirit pressing on my heart with this strong message: "Pray for John Doe."
Indeed, in all of my prayers this past week over this gut-wrenching
situation, I have neglected to pray for John Doe and his family. I know
this might sound strange (even offensive to some) to ask us to pray along
these lines. However, I ask us to remember that Princess Pauahi was a
follower of Jesus, and He taught that we are to love, forgive and even BLESS
our enemies. Even in our hurt and anger over this injustice, let's pray as
He did on the cross (the Ultimate injustice), "Father, forgive them for they
don't know what they are doing." And may Akua show us where we, too, have
blind spots which endeavor to separate us from His perfect will for us and
for our people Ultimately, pray with me that Akua's maluhia and
ho'oponopono will reign in our hearts, in John Doe's supporters' hearts, and
in our beloved islands.

Mahalo for spreading the word, and for allowing me to speak openly on these
matters. I look forward to this gathering of our 'ohana! See you at the
Ninth Circuit Court building at noon on the 20th!

Me ke aloha pumehana,
Noelani (Loo) Jai, KSBE '83
alohajai@socal.rr.com
(714)847-2977
Event Coordinator "

[Peshkwe]

Re: Ruling Gives Kamehameha Time

For signs you need picturers of KS students who are white, brown and black with the saying:

Kamehameha Schools

home of the

The Hawaiian Rainbow


Or something like that... so it's very very visual that it's not a school shutting out white skinned kids. That's the buzz words the lawyers are using so it has to be countered with something stonger than words alone...visuals.

[Miulang]

Re: Ruling Gives Kamehameha Time

Hi Peshkwe! I was waiting for your input on this topic. I know you've been contributing to other forums...so what's your take on all this anyway?

Miulang

[Miulang]

Re: Ruling Gives Kamehameha Time

The next step in the pas de deux has been taken. The attorneys for the boy have filed an injunction request. Next KSBE will go back to the 9th Circuit and ask for an en banc hearing.

Miulang

[Peshkwe]

Re: Ruling Gives Kamehameha Time

Hi Peshkwe! I was waiting for your input on this topic. I know you've been contributing to other forums...so what's your take on all this anyway?

Miulang

Ooo....

Hows 'bout I do that tomorrow? I's fried I was up till 4am making sure an FTP over that side o'da woild didn't fubar...and it's midnight now.

Less of course ya wanna go cruise the HA board and see what I posted.

But ruminate on this a bit...you have two dimetrically opposed laws enacted on a group of people.

One says if you is you gotta....one says if you is you cain't....The US Gov laws dealing with native peoples who they've overrun are schitzophrenic.

Both are based on one groups attempts to control another group based on a particular set of perceptions they want to use to prove their line of thinking....not necessarily accurate perceptions but ones that would be readily acceptible to the 'sheeple' aka the general fuzzy thinking grass munching herd following populace.....anywho...I'm trying to figure out a way to connect the two in such a way that it causes self implosion.

But hey...now that I've gone and gotten all weird and cryptic on ya I'm gonna go to bed and you can ignor me.

Heh...after all, I'm just a dyslexic artist with ADD that comes from a line a metis that always were a bit on the 'uppity' side.

[Miulang]

Re: Ruling Gives Kamehameha Time

This morning, one of the attorneys representing John Doe admitted that the injunction appeal he filed yesterday was highly unusual and that it might not get the student into KSBE. In the meantime, KSBE is in the process of filing an en banc petition which, if accepted, could delay the student's admission until after his senior year. It's interesting to watch how this whole thing unfolds. I think in this case, KSBE now holds the stronger hand of cards.

However, I also think that unless KSBE can figure out how to make their admissions policies bulletproof, Goemans and Grant will pull some other non-Hawaiian student out of their hats to use as another test case next year.

Miulang

[Peshkwe]

Re: Ruling Gives Kamehameha Time

Ok...long on with sucky spelling too!!

".......One of the lawyers, Eric Grant of Sacramento, Calif., said the case represents "extraordinary circumstances," and that "there's an emergency that requires immediate action."..........."

Eh????????

What? There's no school anywhere on the island where he lives that'll take him so he can start on time? It's not like he couldn't transfer over later in the school year...is JD that hated that he HAS to get into KS under the guise of race busting so he won't get his butt kicked in his other school.....so he can get that 'special protection' and looking out for that Brayden got the first year he got in?


Grant...Grant...Grant....c'mon man! That was the poorest move in this game of legal sematics and hair splitting yet!



That's what the legal team and the board of Kamehameha HAVE to realize. It's a high stakes game to these guys, nothing more, they could give a rats ass about the John Does they parade out or about KS, it's the stratagy of the game and the win they care about. Well that and the power over the land.

It always comes down to the land doesn't it.




My personal opinion is that KS is Phase Two of the game.

Phase One was getting the formal ruling for the Rice case. That proved that native Hawaiians didn't have congressional protections exactly the same as Native Americans. They had to make that one work (and/or this next phase work at the same time) so they can take down the whole set of laws that directly deal with native Hawaiian rights and 'properties/priviledges' in Phase Three.

I believe they were also running one of the 'Doe' attempts on KS at the time the Rice case was going on too weren't they?

Anyways....

What I ment by schitzophrenic is that there's laws stating situations where blood quantum apply...but for blood quantum to apply a group has to be racially/culturally/ethnically unique enough to have the government set a specific drainage level, They don't do it if you're Asian, or white and if you're black it works backwards.

Yet at the same time they keep ruling that the Hawaiian people as a race aren't anything special and don't rate special treatment like Native Americans who are a political designation rather than racial....

Yet Ndns got drainage first....

The Guv sets up land for ya, but you have no land base because Hawaiians never owned the land and call em Homsteads

Ndns get the same thing alot earlier just called Rezs

Yet y'all don't have a homeland with a political system based from a chief so you aren't ....ermm....*bsszzttt*.....whoa semantics brain fry!



Ok so we have these two guys as the players, probably with a whole crew backing em:

Eric Grant


http://www.law.berkeley.edu/alumni/r...os.html#Farber

Quote
Eric Grant '90 is a specialty solo practitioner based in Sacramento who litigates federal and state cases, principally at the appellate levels. His focus is on constitutional and complex statutory matters, including land use, environmental law, civil rights, campaigns and elections, and religious liberty. He also advises candidates and other political participants regarding campaign finance rules and nonprofit organizations regarding corporate matters. Previously, Grant was a founding partner at Sweeney & Grant from 2001 to 2004, and practiced at the Pacific Legal Foundation from 1997 to 2001.

Grant was a law clerk in 1994 to retired Chief Justice Warren Burger and to Associate Justice Clarence Thomas of the U.S. Supreme Court. From 1991 to 1993, he was an attorney-advisor in the Office of Legal Counsel at the U.S. Department of Justice. After graduating from Boalt, he was an intern in the Office of the Solicitor General and a law clerk to Judge Edith H. Jones of the U.S. Court of Appeals for the 5th Circuit. At Boalt, Grant was the associate editor of the California Law Review . He earned his undergraduate degree in economics from UC Berkeley in 1986. Grant is master of the Milton L. Schwarz American Inn of Court and serves on the executive committee of the Environmental Law & Property Rights Practice Group of the Federalist Society for Law and Public Policy Studies in Washington, D.C.


http://www.law.com/jsp/article.jsp?id=1059980415595


---------------------------------------


John Goemans

http://the.honoluluadvertiser.com/ar.../ln/ln08a.html


Quote
Goemans, the slightly rumpled, 69-year-old kama'aina lawyer who has a penchant for loud aloha shirts and a passion for what he believes is justice for all, including non-Hawaiians.

"I think a lot of them would be surprised to learn that I am a left-wing liberal," said Goemans, who is of Dutch and Scottish descent.

He ran with the bulls in Pamplona, Spain, in the 1950s, roomed with now-U.S. Sen. Ted Kennedy at the University of Virginia law school, helped Kennedy's older brother John win the Hawai'i vote and the presidency in 1960 and ran a U.S. State Department office in Hawai'i.

Today, he divides his time between Waimea on the Big Island and Pupukea on O'ahu's North Shore, while a table in the Barnes & Noble bookstore coffee shop in Kahala serves as his office.

He has been in Hawai'i since statehood, served a term in the state House as a Democrat in the early '60s, and was an aide to state Sen. Malama Solomon in the '80s, but still managed to fly "beneath the radar" before the U.S. Supreme Court found in his favor in February 2000 in the Rice v. Cayetano decision. The court held that allowing only Hawaiians to vote for OHA trustees is unconstitutional.

http://www.honoluluweekly.com/archiv...99%20Rice.html

http://www.hartford-hwp.com/archives/24/033.html


--------------------------------------------------


They really want Phase Two to work so that they can prove that even though a group of people have been around for forever and even though they were done wrong in the past...

It's time to suck it up and move on, doesn't matter that something was set up along time ago or not. There is no longer any place for race based iniciatives or afermative action or recompensions.

KS doesn't have the hard core protections in place that the Homestead lands and funds do, it'll be easier to prove that native Hawaiians are simply a race and not a political entity.

Somehow the legal team has to buffer the idea up that the ancestry of the native Hawaiian is tied to a once political ancestry....the Monarchy. The response to the case filed hinted at an alternat way of saving things so that admissions would pretty much remain the way it is now.

I believe it's by asking for ancestry based on citizenship and alleigance to the Monarchy with a point date of the Princess' birth year. So all ancestry tied tracable to that date or before that would qualify for scholarship. Anyone else would have to pay full tuition, book, lodging, food, etc.

And ...~ahem.~...."due to the challanges and new focus on outreaching to younger native Hawaiian children, Kamehameha Schools feel it necessary to raise the cost to tuition to $ <insert coinage of choice here>"


With the alleigance and loyalty thing in there decendants of the people who did the taking over wouldn't be eligable even if they were citizens...would establish a political referancing point and would be withing the law the present law.


Phase Three is when they go after the land directly and the funds generated from them.

[Peshkwe]

Re: Ruling Gives Kamehameha Time

Gads...that's about as coherant as mud...geeze...



Now ya know why I don't post alot of wordy stuffage.

[Miulang]

Re: Ruling Gives Kamehameha Time

Actually, what you said makes a LOT of sense to me. Just recently, I was talking to one of the descendants of one of the ali'i from Ka'u (he says he has a brother who still lives on the ahupua'a and is living a self-sufficient life there, fishing and eating off the land, without electricity. Makes his own clothes and shoes from pili grass). Wiliama got an estimated tax bill from the City of Honolulu (he was living on homestead land in Nanakuli). He went to the City Assessors, and they couldn't tell him why he got that estimate. Then he went to DHHL (which he noted has NO kanaka maoli working in its offices) and eventually found out the reason he got the estimate was because DHHL wanted to be "ready" in case the kanaka maoli lost the Arakaki case and the homestead lands were converted to fee simple lands and could be assessed property taxes. Talk about putting the cart before the horse!

Miulang

[Peshkwe]

Re: Ruling Gives Kamehameha Time

Keep an eye on groups like 'One Nation United' and the 'Aloha for All' and all those other groups like that, plus the big guys like the Federalist Society and stuff. It's all a game of power to them and the big guys use the little guys and the little guys seek the advice of the big guys.

What's happening is although the mainland Nations have their treaties and laws already established, it's still at the whim of ol' Uncle Sugar....and Uncle Sugar is a spoiled child who wants it's candy, big money feeds that jones so big money plays the game hard and the junkie listens close. If there's some game players who are truely altruistic (or simply misguided) or who are in it for their own game and need to play...Uncle Sugar don't care so long as the fix gets there. That's why the US let the takeover ride when it happened in the first place, even though it was openly stated it was illegal and all that. The big money game players shoved some candy (money/power/influance) down Uncle Sugar's throat, and the fix let the nod set in and there ya go.

So what's gonna happen is that y'all are being set up as the sample 'taste' for the junkie.

Without y'all looking really really hard at Constitutional Law...every little twist and turn of it....or without some protection in place that makes a big arsed trade off (Akaka Bill), the things ment for the betterment and protection of the Kanaka Maoli will fall eventually as being 'race based'. and thus discriminatory.

As you guys fall, the cases don't 'exactly' set precedance for direct use of the rulings on the mainland Nations treaties and soverigne rights...but they do open the door for discussion on whether those protections should be blown away because of the escalatingly pointed judgemnts based on 'racisim'.

Once all the native Hawaiian programs are opened up to the general populace and there's no 'do-overs' possible. Amazingly a group will ping on the historical similarities (that are being 'convienently' ignored or poo-pooed for the time being) and go after the protections, lands and funds of the Ndn Nations....because...look, it was proven over there on those islands that those Kanakas were just a group of conquored people and just like anybody else even if they did have their own Nation.

[Miulang]

Re: Ruling Gives Kamehameha Time

You know what's sad, Peshkwe? The people who are lining up on both sides of this issue are really only looking at today. They have no energy or interest to devote to thinking about the future implications of the things that are decided today.

I was watching the 150th Anniversary of the signing of the Nisqually treaty a few weeks ago on community TV. The thing that gave me chicken skin was when the Tribal Chief (a woman) said that the Native Americans work hard today so that the people seven generations into the future will have something left. Many Americans today have no concept of making their actions today benefit the people of tomorrow. When environmentalists talk about protecting the resources today, people say, "Why bother? I won't be around when disaster finally strikes."

I think all the indigenous people of the world know where it's at. And where it's at is living today in a way that will give the people of tomorrow a future.

Miulang

[Peshkwe]

Re: Ruling Gives Kamehameha Time

I don't know exactly what ya want to call it...maybe a weird modernized type of dominion. More business and politically powered than religiously powered (although.....) but it's like dealing with the Borg in suits.

If you are different

YOU

MUST

BE

ASSIMILATED!!!!!!

Those who do not or can not be assimilated will be 'destroyed'.


I hope the Bishop museum and and assorted Hawaiian historical depositories has alot of the stuff relating to the past duplicated and stored in a few different safe places.

It'd be better if the real stuff was off someplace safe but I don't think it'd want to leave. So get the information out, but get the source protected and underground.


*looks around*

Eh? What? Paranoid? Nahhh....not a bit.....