Thursday, February 14, 2008

Potential US Supreme Court Case on Legality of Kamehameha Schools Hawiians-First Admissions Policy Settles for $7 Million

On February 8, 2008, the Honolulu Advertiser reported that the potential US Supreme Court case involving the Kamehameha Schools Hawaiians-First admissions policy settled in May for $7 million. Here is an excerpt from the article:

There are about 70,000 school-age children with Hawaiian blood, and 5,400 students were enrolled at Kamehameha's various schools last year. Kamehameha served 30,000 other children and adults through outreach programs and through its support of charter schools.

Lawyers for Kamehameha Schools then asked that all members of the appellate court review the matter and the full court reversed the three-judge panel's decision by an 8-7 vote in December 2006. Grant then petitioned the U.S. Supreme Court to hear the case, and last May, on the eve of the high court announcement on whether it would take the case, the matter was settled out of court. Hawai'i federal Judge Alan Kay initially dismissed the John Doe lawsuit in November 2003, upholding the schools' argument that the admissions policy helped address cultural and socio-economic disadvantages that have beset many Hawaiians since the 1893 overthrow of the Hawaiian monarchy.

The plaintiffs appealed that decision to the 9th U.S. Circuit Court of Appeals, which overturned it in a three-judge decision in 2005. That ruling prompted protest rallies, prayer vigils and other gatherings around the state in support of the schools.

To see the entire article, go to "Kamehameha Schools settled lawsuit for $7M" in the February 8, 2008, Honolulu Advertiser. For Scholarly Discussion of the issues involved in this case, see the book Broken Trust by Randall Roth and various law review articles in the 1999 symposium issue of the University of Hawaii Law Review and elsewhere.

DAB

http://lawprofessors.typepad.com/nonprofit/2008/02/potential-us-su.html

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