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In a case of first impression, the 9th Circuit has ruled that a private Hawaiian school's policy of accepting only native Hawaiian students amounts to racial discrimination and breaks federal law. Writing for a 2-1 majority, Judge Jay Bybee said he disagreed with a district court finding that the policy "constituted a valid, race-conscious remedial affirmative action program." Kamehameha Schools' supporters had asked for consideration of the "larger context" of Hawaiians' historical and cultural experience.
August 04, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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