Posted by Tane on August 11, 2008 at 12:52pm in Politics
Last year, David B. Rosen was soliciting for students to file suit against KSBS. There was a demonstration in front of his building of his unethical practice as an "ambulance chaser". He snuck out of his office so he wouldn't be confronted. After the Trustees foolishly settled out of court for 7 million dollars for that one child, I guess the lawyer with the four children just might be Rosen, salivating at the thought of his cut for taking the case. If he does it pro bono and gets the same deal as the previous kid, it is likely he would get around 40% of the settlement times four children would be a big windfall for him duplicating what the settlement for the kid that won it. He'd be and instant millionaire and well worth his time.
There are different ways to get around American laws and maintain Hawaiian KIngdom laws:
The School could open it up to bona fide descendants of the Kingdom regardless of ethnicity; they would already be Hawai'i nationals.
The other thought is to charge tuition higher than Punahou or Iolani schools and scholarship the Kanaka Maoli children.
Another criteria would be for all students to speak Hawaiian and pledge allegiance to the Hawaiian Kingdom and give up their unlawful U.S. citizenship.
There are more than one way to skin the cat and the above suggestions should take care of the frivolous suites. Heck! All the Hawaiian children that got turned down from Kamehameha Schools could file a suit. The only ones that seem to make a big deal out of this is the haole melika who are relatively recent residents that don't know the scoop. Old-timers knew its purpose and didn't care; they were happy with the schools available to them. But the elite rich and new settlers know Bishop Estate is the largest privately owned landowners and they see $$$$$$ that they want; including the alleged state of Hawaii who has been trying to break the trust.
Before we had Hawaiian Trustees, the Trustees were all white men that enriched themselves through the trust and set up the system the trustees have today. The only friend we had was the Japanese trustee who kept the estate solvent and enriched to where it is now.
All the other ali'i estates have been run to the ground by the white men trustees. Queen's Hospital and Lunalilo home had vast land holdings; most which are no longer in the trusts. It was the lands that kept the trust going. The trustees of that era got awfully rich. Ever wonder why? It seems nothing's changed and the leopard hasn't changed its spots.
This is more reasons why the U.S. must de-occupy Hawai'i and make restitution and reparations for its insidious actions. This is not U.S. America but Hawai'i. Just one of the many stories that America made up to become legends; which the legend becomes fact which they have printed and taught in schools and the various media in hopes that you believe what they say as truth.
Tane
Trust should be used for more students
In its June 22 editorial, the Star-Bulletin once again advocates the
position that Kamehameha Schools should consider alternative ways of
continuing to discriminate against non-Hawaiians now that its current
admissions policy has been declared unconstitutional. Specifically, the
editorial suggests that "Obviously, elimination of tuition would similarly
free Kamehameha from the law's contract restrictions." The Star-Bulletin is
wrong.
Federal statutory and case law is clear that private (and public) parties
cannot use race or national origin as a determinative factor in contracts,
including those to provide educational services and scholarships. While
purely private scholarships that use race as a determinative factor have not
yet been widely challenged, using them as a proxy for continuing
Kamehameha's current racially discriminatory admissions policy would be
transparent and likely struck down under the same law that is now being used
to challenge the school's current admissions policy.
Irrespective, such a policy would almost certainly result in Kamehameha
Schools having its tax-exempt status revoked. This would cost the estate
hundreds of millions of dollars that could otherwise have been used to
educate all of Hawaii's children. This would likely trigger lawsuits against
the trustees by beneficiaries of the trust (Hawaiian and non-Hawaiian) for
mismanagement of the trust's assets.
Wouldn't it be of far greater service for this valuable asset to be used to
help those students most in need (e.g., orphans and indigents) irrespective
of their race?
David B. Rosen
Attorney
Honolulu
Editor's note:No court has declared Kamehameha Schools' admission policy to
be unconstitutional. A three-judge panel of the 9th U.S. Circuit Court of
Appeals found the policy in violation of the Civil Rights Act of 1866, which
forbids racial discrimination in contracts. The contracts at issue are
agreements to provide education in return for tuition. The Internal Revenue
Service ruled in 1975 and again in 1999 that the admissions policy was not
indicative of racial discrimination.
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My understanding is that all applicants have AN OPTION to file for native hawaiian preference. This has been so I believe prior to any and all lawsuits.
There really is no problem by common sense. It is a PRIVATE trust. Maybe it should not advertise commercials and anonymously sponsor projects as a PRIVATE citizen would.
As a PRIVATE TRUST, when you draw attention you are opening your door for anyone to come in with the screen door wide open.
Simple thinking, I don't open my house for uninvited guests who are strangers to my home and family. I don't want to see a stranger come into my home, sit down, have a meal, use the phone, take a crap in my bathroom, take a shower, use my clean linens, wash and dry their soiled clothes and then leave their dirty footprints on my floor. This is what lawsuits are doing IMPOSING ON A PRIVATE TRUST thinking they have a right.
I would call 911 if a stranger violated my private property and private living space on my private land. Only Ke Akua can intervene aside from the legal counsel KS has in place.
The only thing we can do as koko is remind ourselves that those of greed will reap what they sow and it will come back to them TEN TIMES! Money is not evil, it is the LOVE of money that is evil. David B. Rosen and others that show their TAIL will have what is coming to them. And, to those clients and their family who are in support of this greed, the good book says ENVY NOT! There are many reasons why and the consequences are harsh. Rosen and others will get their day of loss. For it not in the court system, truly in other ways - what goes around comes around TENFOLD!
Replies
There really is no problem by common sense. It is a PRIVATE trust. Maybe it should not advertise commercials and anonymously sponsor projects as a PRIVATE citizen would.
As a PRIVATE TRUST, when you draw attention you are opening your door for anyone to come in with the screen door wide open.
Simple thinking, I don't open my house for uninvited guests who are strangers to my home and family. I don't want to see a stranger come into my home, sit down, have a meal, use the phone, take a crap in my bathroom, take a shower, use my clean linens, wash and dry their soiled clothes and then leave their dirty footprints on my floor. This is what lawsuits are doing IMPOSING ON A PRIVATE TRUST thinking they have a right.
I would call 911 if a stranger violated my private property and private living space on my private land. Only Ke Akua can intervene aside from the legal counsel KS has in place.
The only thing we can do as koko is remind ourselves that those of greed will reap what they sow and it will come back to them TEN TIMES! Money is not evil, it is the LOVE of money that is evil. David B. Rosen and others that show their TAIL will have what is coming to them. And, to those clients and their family who are in support of this greed, the good book says ENVY NOT! There are many reasons why and the consequences are harsh. Rosen and others will get their day of loss. For it not in the court system, truly in other ways - what goes around comes around TENFOLD!