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Monday, September 16, 2024
September 16, 2024 News Read
By Andrew Walden @ 3:46 PM :: 1105 Views

Hawaii Connection--FBI Searching Kaaawa Home of Alleged Would-be Trump Assassin

Lawyer:  Jones Act Is Unconstitutional—here’s why

CB: … lawsuits challenging the Act have failed to seize upon an important piece of the Constitution….

From its inception, the law had the Alaskan and Hawaiian shipping industries in its sights. The act’s namesake, Wesley Jones, was the senior senator from Washington and was concerned with protecting his state’s shipbuilding industry. Disadvantaging the American “territories” was a feature of the law, not a bug….

Given its severe economic damage, it should be no surprise that various legal challenges have been brought against the Jones Act over the past hundred years. While the Act has survived those challenges, one has never been tried — and it’s promising.

The Port Preference Clause in Article I, Section 9 of the U.S. Constitution explicitly states, “No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another.” Yet, the very purpose of the Jones Act is to prioritize the ports of the mainland states.

Maybe that protectionist purpose was constitutional in 1920 when the object of the discrimination was only American “territories.” But once Alaska and Hawaii became states in 1959, it became harder to justify.

And given that the effects of the Jones Act are felt acutely by residents and businesses in those states, the constitutionality of this century-old legislation is seriously suspect. If the Port Preference Clause means anything, it means Congress cannot pass laws that have the purpose and effect of putting Alaskan and Hawaii ports at a disadvantage.

People in Alaska and Hawaii deserve better than to be shackled by this relic of a bygone era, and the Constitution mandates it. Where there’s a willing plaintiff, there’s a way to do it….

read … The Jones Act Is Sinking The Economies Of Alaska And Hawaii

‘I can help, I love both sides,’ Governor Green to mediate Kapiolani lockout?

KHON: … Even though Governor Josh Green is not legally allowed to intervene in a private dispute, he is open to helping mediate contract negotiations between Kapiolani Medical Center and its nurses….“Like I said, I’m not allowed to just stop something as governor. No governor is. But I can help and I love both sides.” ….

read … ‘I can help, I love both sides,’ Governor Green weighs in on Kapiolani lockout

No Computer Science for 90% of DoE HS Students

CB: … The legislative push for more technology in schools began in 2018, when lawmakers required all high schools to offer at least one computer science class by the 2021-22 academic year. While all but three high schools offered computer science last year, the classes are only electives and aren’t a graduation requirement for students.

All middle and elementary schools are supposed to follow suit in the 2024-25 academic year, although DOE won’t publish its annual count of schools with computer science classes until June. 

Approximately three quarters of Hawaii schools offer computer science classes, but it’s still unclear how these courses are impacting students’ career choices and future interests, Hoffman said.

Computer science isn’t a graduation requirement in Hawaii high schools, and less than 10% of students took the subject last year. …

read … More Hawaii Schools Are Offering Computer Science — But Are All Students Benefiting?

New Scanner catches legal mail used to smuggle meth into Hawaii Prisons

CB: … A test of new technology for scanning incoming prison mail identified drugs in fake legal documents, confirming suspicions that confidential communications between inmates and their attorneys or the court system can be exploited to smuggle contraband.

The timely discovery at Halawa Correctional Facility in February reflected the delicate balance the correctional system faces in trying to prevent drug use among inmates without violating their rights.

The screening equipment detected paper that had been soaked in “illegal substances,” according to procurement records. The state Department of Corrections and Rehabilitation did not identify the type of drug involved or say whether anyone was arrested or charged for sending or receiving the material.

Halawa staffers have reported cases in which inmates eat paper or inhale smoke from burning paper treated with a dangerous synthetic drug known as “spice” to get high. Two inmate deaths at Halawa in 2021 were blamed on toxic reactions to spice.

The official confirmation that legal mail is being used to smuggle drugs comes as no surprise to some Honolulu lawyers, including Myles Breiner.

(QUESTION: What will lawyers do to keep their clients loyal?)

Breiner said that during the height of the pandemic someone attempted to smuggle paper soaked with spice into Halawa, the Hawaii Community Correctional Center on the Big Island and the Oahu Community Correctional Center in items labeled as legal mail from his office.

Two of the envelopes had handwritten return addresses indicating they were from Breiner’s office, and another envelope featured a “cut-and-paste” of printed lettering that used Breiner’s office as the return address. That one was “clearly a hack job,” and was intercepted by staff at HCCC, he said.

(Uh-huh.)

Breiner said the DCR declined to provide him with the laboratory analysis of the chemicals, or identify which inmates were supposed to receive the packages, which were sent during the height of the coronavirus pandemic. Breiner said there was an arrest and a conviction in the case, but declined to say who was convicted.

“I haven’t had any problem since then brought to my attention,” he said.

(IQ Test: You know what really happened here, right?)

Hawaii News Now reported on another unsuccessful smuggling attempt via mail last summer in which the return address was listed as a Honolulu lawyer. Another local attorney, who spoke on condition that he not be identified, said he was involved in another smuggling attempt at a correctional facility that involved …ahem… ’bogus’ …ahem… legal mail….

read … Hawaii Prisons Are Getting New Scanners That Can Detect Drugs Without Opening Mail

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