Everyone, no-one, someone and the Native Hawaiian learner: How expanded equality narratives might account for guarantee/reality gaps, historico-legal context and an admission policy which is actually levelling the playing field

Hemi, Keakaokawai Varner

Everyone, no-one, someone and the Native Hawaiian learner: How expanded equality narratives might account for guarantee/reality gaps, historico-legal context and an admission policy which is actually levelling the playing field

dc.contributor.advisor	Breen, Claire
dc.contributor.advisor	Morse, Bradford W.
dc.contributor.advisor	May, Stephen
dc.contributor.author	Hemi, Keakaokawai Varner
dc.date.accessioned	2016-10-27T23:21:40Z
dc.date.available	2016-10-27T23:21:40Z
dc.date.issued	2016
dc.date.updated	2016-10-26T21:47:25Z
dc.description.abstract	This thesis asks how a school which was established to help a group of children consistently identified with disparities in education achieve equality—and which has actually done so—could be sued for discrimination because it prefers those children in admissions. In search of answers, this thesis critically analyzes the narratives of equality evident in the United States Ninth Circuit Court of Appeal’s reasoning in Doe v Kamehameha Schools, arguing that the dissent, majority and concurrence opinions suggest three conflicting narratives of equality—what the thesis calls the adamant everyone/no-one, weak someone and limited indigenous learner narratives. It demonstrates how these narratives reflect an identity-specific, racialized history of slavery and segregation but fail to account entirely for either the unique historico-legal history of the Native Hawaiian people or the huge gap between formal constitutional guarantees of equality and everyday realities of complex discrimination and disparities almost unrelentingly attracted to Native Hawaiian identity. It recommends an expansion of these narratives within federal law consistent with liberal theory, international law and the legal experience of a sister settler jurisdiction—Aotearoa New Zealand. More importantly, it demonstrates that such expansion is consistent with substantial equality, non-discrimination and rights of self-determination that may have the greatest capacity for reconciling the guarantee/reality gap. Finally, specific good, better and best recommendations are made including philosophical consistency with the expanded multi-narrative, and the intentional importation of the human right to education and Article 14 of the UN Declaration on the Rights of Indigenous Peoples 2007 into federal law.
dc.format.mimetype	application/pdf
dc.identifier.citation	Hemi, K. V. (2016). Everyone, no-one, someone and the Native Hawaiian learner: How expanded equality narratives might account for guarantee/reality gaps, historico-legal context and an admission policy which is actually levelling the playing field (Thesis, Doctor of Philosophy (PhD)). University of Waikato, Hamilton, New Zealand. Retrieved from https://hdl.handle.net/10289/10697	en
dc.identifier.uri	https://hdl.handle.net/10289/10697
dc.language.iso	en
dc.publisher	University of Waikato
dc.rights	All items in Research Commons are provided for private study and research purposes and are protected by copyright with all rights reserved unless otherwise indicated.
dc.subject	Indigenous education rights
dc.subject	Kamehameha Schools
dc.subject	UN Declaration on the Rights of Indigenous Peoples
dc.subject	right to education
dc.subject	liberal theory
dc.subject	Treaty of Waitangi
dc.subject	Native Hawaiian education
dc.subject	Maori education
dc.subject	US federal-Indian law
dc.subject	human rights
dc.title	Everyone, no-one, someone and the Native Hawaiian learner: How expanded equality narratives might account for guarantee/reality gaps, historico-legal context and an admission policy which is actually levelling the playing field
dc.type	Thesis
pubs.place-of-publication	Hamilton, New Zealand	en_NZ
thesis.degree.grantor	University of Waikato
thesis.degree.level	Doctoral
thesis.degree.name	Doctor of Philosophy (PhD)