[Please circulate through your networks]
Aloha Kakou,
Doe vs. KS
Still no word from the Ninth Circuit regarding a possible vote on KS's petition for rehearing. What does this mean? In a recent e-mail to alumni, KS officials stated, "It has been five months since we filed our petition. We are expecting an answer from the court at any time. We believe that the length of time it has taken the court to respond means that the court is seriously reviewing our request, however we know that we are not assured of a positive outcome....If we do obtain a rehearing, our case will be reviewed by a panel of 15 judges, instead of 11, because the court expanded the size of the en banc panel at the beginning of this year. The Chief Judge of the court automatically sits on the panel; the remaining 14 judges are selected randomly, which means odds are that two-thirds of the reviewing judges will be appointed by Democrats and one third by Republicans, reflecting the make-up of the court.....Of course, if our request for a rehearing is denied, we will appeal to the U.S. Supreme Court."
In an encouraging development, an article in the most recent edition of the Harvard Law Review made a strong case for application of a different standard of review than that used by the judges in Doe vs. KS, and ultimately reversal of the August 2 ruling. You can read the article yourself (and all the footnotes -- lawyers and law students just love footnotes!) by going to this link, and looking for the third article under "Recent Cases". www.harvardlawreview.org/issue....shtml
It's very encouraging that such scholarly and reputable institutions as Harvard Law School and the New York Times have taken our case seriously enough to address the adverse ruling. These are resources which judges and their law clerks no doubt read. (See link below this e-mail to attorney Georgia McMillen's Aug. 29 Op-Ed piece in the New York Times - I urge you to read it if you haven't already).
And if YOU would like to write a letter to the editor of your local newspaper, I'd be happy to send you materials to get you started. Letters to the editor are positive, productive ways to express yourself on these issues. Imua!
'Aha Kuka Report; Civil Rights Commission Report
The January 20-21 gathering in Los Angeles was life-impacting for all 300 who participated. A big mahalo to all of the organizers who made this event possible, especially the Haw'n InterClub Coordinating Council of Southern California!
At the 'Aha Kuka, Kamehameha Schools' CEO Dee Jay Mailer eloquently explained that "[o]ur fight here is to help people see beyond legal theories and understand the heart and the kuleana behind Pauahi’s incredible gift." And she explained how the Doe lawsuit fits into the bigger picture of preservation of all private programs established by our beloved ali'i and intended to restore Native Hawaiians.
Did you know that Hawaiian history, even regarding the overthrow of our monarchy, is being rewritten in the annals of U.S. history even as you read this? Martha Ross, OHA's Bureau Chief in Washington D.C., flew from the U.S. Capitol to report back to the crowd at the 'Aha Kuka on a U.S. Civil Rights Commission hearing which took place just hours prior to our gathering. The crowd at the 'Aha Kuka was alarmed and greatly disturbed by what we heard. For example, here is an excerpt from testimony by Robert Fukuda, who was Hawai'i's Deputy Attorney General from 1953-1959 (emphasis added): "The Hawaiians are not an oppressed race. Since the time of the Hawaiian Kingdom and Territory and State, Hawaiians have thrived and succeeded professionally, politically and economically. [He goes on to give examples of successful Native Hawaiians which of course we don't dispute]... There are pockets of poverty and cultural challenges in various areas of Hawaii, but these are problems that affect every race, and not just Hawaiians. The Hawaiian language, history and culture are thriving and being taught in public and private schools and the University Of Hawaii, and not in any danger of being lost or extinguished.
Americans did not steal the property of Hawaiians. In fact many Americans helped the Hawaiians. One of the best examples is the Bishop Estate, a private charitable trust, which owns thousands of acres of prime land in Hawaii. The assets of this trust are estimated to value more than eight billion dollars [sic], with an annual income of several hundred million dollars, which is entirely dedicated to the education of Hawaiian children. The founders of this Trust were Bernice Pauahi, a member of the Hawaiian royal family, and her husband who was a white American who donated his own personal fortune to the trust, and took no benefits in return."
Whether you are for or against Senate Bill 147, I think we can all agree that such statements, being entered into official government transcripts, pose a serious threat to our legal ability to fight for the preservation of land and resources intended to restore the health, education and overall well-being of Native Hawaiians. We must educate ourselves, and stay on top of these kinds of legal attempts to diminish the significance of our unique history as a sovereign people.
Tune In This Sunday, Feb. 5
I will be on Solid POI (Positions On Issues) which streams live on the internet this Sunday, from 5-6p.m. Go to www.solidpoi.com, click on the link to "Listen", which will direct you to KLAV's main website. Click on the tab "On Air" to listen in. I will be giving an update on Doe and the 'Aha Kuka at around 5:45 p.m.
In the meantime, I promise to keep you informed of significant media attention to these issues, and of course any word from the Ninth Circuit. Please continue to pule with me for Ke Akua's will, aloha and lokahi to prevail in these matters. Finally, I know I've said it before, but it bears repeating here (even as a reminder to myself): may we all extend forgiveness in our hearts to John Doe and his attorneys, and to folks like Robert Fukuda (quoted above) -- anger is never productive, and only hurts us.
In the Way and Aloha of 'Iesu Christo, Noelani (Loo) Jai, KS '83, alohajai@socal.rr.com
(Here is the link to Georgia McMillen's terrific NY Times op-ed piece - click on the title "A School of One's Own"):
The New York Times E-mail This
OPINION | August 29, 2005
Op-Ed Contributor: A School of One's Own
By GEORGIA KA'APUNI MCMILLEN
A school designated for Native Hawaiians is still necessary as a remedy for past injustice.
Copyright 2006 The New York Times Company | Privacy Policy
Aloha Kakou,
Doe vs. KS
Still no word from the Ninth Circuit regarding a possible vote on KS's petition for rehearing. What does this mean? In a recent e-mail to alumni, KS officials stated, "It has been five months since we filed our petition. We are expecting an answer from the court at any time. We believe that the length of time it has taken the court to respond means that the court is seriously reviewing our request, however we know that we are not assured of a positive outcome....If we do obtain a rehearing, our case will be reviewed by a panel of 15 judges, instead of 11, because the court expanded the size of the en banc panel at the beginning of this year. The Chief Judge of the court automatically sits on the panel; the remaining 14 judges are selected randomly, which means odds are that two-thirds of the reviewing judges will be appointed by Democrats and one third by Republicans, reflecting the make-up of the court.....Of course, if our request for a rehearing is denied, we will appeal to the U.S. Supreme Court."
In an encouraging development, an article in the most recent edition of the Harvard Law Review made a strong case for application of a different standard of review than that used by the judges in Doe vs. KS, and ultimately reversal of the August 2 ruling. You can read the article yourself (and all the footnotes -- lawyers and law students just love footnotes!) by going to this link, and looking for the third article under "Recent Cases". www.harvardlawreview.org/issue....shtml
It's very encouraging that such scholarly and reputable institutions as Harvard Law School and the New York Times have taken our case seriously enough to address the adverse ruling. These are resources which judges and their law clerks no doubt read. (See link below this e-mail to attorney Georgia McMillen's Aug. 29 Op-Ed piece in the New York Times - I urge you to read it if you haven't already).
And if YOU would like to write a letter to the editor of your local newspaper, I'd be happy to send you materials to get you started. Letters to the editor are positive, productive ways to express yourself on these issues. Imua!
'Aha Kuka Report; Civil Rights Commission Report
The January 20-21 gathering in Los Angeles was life-impacting for all 300 who participated. A big mahalo to all of the organizers who made this event possible, especially the Haw'n InterClub Coordinating Council of Southern California!
At the 'Aha Kuka, Kamehameha Schools' CEO Dee Jay Mailer eloquently explained that "[o]ur fight here is to help people see beyond legal theories and understand the heart and the kuleana behind Pauahi’s incredible gift." And she explained how the Doe lawsuit fits into the bigger picture of preservation of all private programs established by our beloved ali'i and intended to restore Native Hawaiians.
Did you know that Hawaiian history, even regarding the overthrow of our monarchy, is being rewritten in the annals of U.S. history even as you read this? Martha Ross, OHA's Bureau Chief in Washington D.C., flew from the U.S. Capitol to report back to the crowd at the 'Aha Kuka on a U.S. Civil Rights Commission hearing which took place just hours prior to our gathering. The crowd at the 'Aha Kuka was alarmed and greatly disturbed by what we heard. For example, here is an excerpt from testimony by Robert Fukuda, who was Hawai'i's Deputy Attorney General from 1953-1959 (emphasis added): "The Hawaiians are not an oppressed race. Since the time of the Hawaiian Kingdom and Territory and State, Hawaiians have thrived and succeeded professionally, politically and economically. [He goes on to give examples of successful Native Hawaiians which of course we don't dispute]... There are pockets of poverty and cultural challenges in various areas of Hawaii, but these are problems that affect every race, and not just Hawaiians. The Hawaiian language, history and culture are thriving and being taught in public and private schools and the University Of Hawaii, and not in any danger of being lost or extinguished.
Americans did not steal the property of Hawaiians. In fact many Americans helped the Hawaiians. One of the best examples is the Bishop Estate, a private charitable trust, which owns thousands of acres of prime land in Hawaii. The assets of this trust are estimated to value more than eight billion dollars [sic], with an annual income of several hundred million dollars, which is entirely dedicated to the education of Hawaiian children. The founders of this Trust were Bernice Pauahi, a member of the Hawaiian royal family, and her husband who was a white American who donated his own personal fortune to the trust, and took no benefits in return."
Whether you are for or against Senate Bill 147, I think we can all agree that such statements, being entered into official government transcripts, pose a serious threat to our legal ability to fight for the preservation of land and resources intended to restore the health, education and overall well-being of Native Hawaiians. We must educate ourselves, and stay on top of these kinds of legal attempts to diminish the significance of our unique history as a sovereign people.
Tune In This Sunday, Feb. 5
I will be on Solid POI (Positions On Issues) which streams live on the internet this Sunday, from 5-6p.m. Go to www.solidpoi.com, click on the link to "Listen", which will direct you to KLAV's main website. Click on the tab "On Air" to listen in. I will be giving an update on Doe and the 'Aha Kuka at around 5:45 p.m.
In the meantime, I promise to keep you informed of significant media attention to these issues, and of course any word from the Ninth Circuit. Please continue to pule with me for Ke Akua's will, aloha and lokahi to prevail in these matters. Finally, I know I've said it before, but it bears repeating here (even as a reminder to myself): may we all extend forgiveness in our hearts to John Doe and his attorneys, and to folks like Robert Fukuda (quoted above) -- anger is never productive, and only hurts us.
In the Way and Aloha of 'Iesu Christo, Noelani (Loo) Jai, KS '83, alohajai@socal.rr.com
(Here is the link to Georgia McMillen's terrific NY Times op-ed piece - click on the title "A School of One's Own"):
The New York Times E-mail This
OPINION | August 29, 2005
Op-Ed Contributor: A School of One's Own
By GEORGIA KA'APUNI MCMILLEN
A school designated for Native Hawaiians is still necessary as a remedy for past injustice.
Copyright 2006 The New York Times Company | Privacy Policy
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