Honoring the Legacy of Billy Frank Jr.

Being Frank is the monthly opinion column that was written for many years by the late Billy Frank Jr., NWIFC Chairman. To honor him, the treaty Indian tribes in western Washington will continue to share their perspectives on natural resources management through this column. This month’s writer is Lorraine Loomis, vice-chair of the NWIFC and fisheries manager for the Swinomish Tribe.

 

By Lorraine Loomis, Vice-Chairman, Northwest Indian Fisheries Commission

OLYMPIA – So much has been written and said about the passing of Billy Frank Jr., our great leader and good friend. Many people are asking how to honor Billy’s memory. Who will take his place?

One way we can honor Billy’s legacy is to carry on his work:

We must recover wild salmon to levels that can once again support harvest. That is the only true measure of salmon recovery. To do that, we must do more to protect and then to restore salmon habitat. Right now we are losing habitat faster than it can be fixed. That must change or we will continue to lose the battle for salmon recovery.

  • We must maintain strong salmon hatchery programs. Most hatcheries were built to mitigate for lost natural wild salmon production caused by damaged and destroyed habitat. Tribal, state and federal hatcheries are operated safely, responsibly and using the best science to minimize impacts on wild salmon. Some hatcheries produce salmon for harvest. Others aid recovery of weak wild stocks. Every hatchery is essential to meeting the tribal treaty right by contributing salmon that are available for harvest. Without hatcheries there would be no fishing at all in most areas of western Washington. We must have hatcheries as long as wild salmon habitat continues to be degraded and disappear.
  • We must achieve a more protective fish consumption rate and maintain the current cancer risk rate to improve water quality and protect the health of everyone who lives in Washington. The two rates are key factors that state government uses to determine how much pollution can be dumped in our waters. The state admits that the current fish consumption rate of 6.5 grams per day (an amount that would fit on a soda cracker) does not protect most of us who live here. It is among the lowest rates in the country, despite the fact that we have one of the largest populations of fish and shellfish consumers in the United States. Currently the cancer risk rate from toxins in seafood that the state uses to set water quality standards is one in a million, but Gov. Jay Inslee is considering a move to reduce that rate to one in 100,000, a tenfold decrease in protection. We believe Washington’s fish consumption rate should be 175 grams per day – the same as Oregon – and that the cancer risk rate should remain at one in a million.
  • We must really, truly clean up Puget Sound. Every few years state government creates a new agency or cooperative effort to make that cleanup a reality. Year after year, decade after decade, we have all been working toward that goal, but we are not making sufficient progress. The main reason is lack of political will to develop and enforce regulations that could make cleanup a reality. Until that changes, the cleanup of Puget Sound will not happen.
  • We must stop plans to expand the transport and export of coal and oil through our state’s land and waters. Increased oil train and tanker ship traffic and more export terminals offer nothing but problems. The likelihood of oil train explosions and derailments, along with the potential for devastating spills from tanker ships, threaten tribal treaty rights, the environment, our natural resources, our health and even our very lives. The few, mostly short-term jobs that they might provide are just not worth the cost.
  • We must continue to work together on the problems we all share. We have shown that great things can be accomplished through cooperation, such as the Timber/Fish/Wildlife Agreement and the U.S./Canada Pacific Salmon Treaty. If we work together we can achieve both a healthy environment and a healthy economy. If we continue the conflict we will achieve neither outcome. A healthy environment is necessary to support a healthy economy in this region and the people who live here demand it.

Billy worked his entire life to make western Washington a better place for all of us to live. Tribal treaty rights that protect natural resources help make that possible, and benefit everyone who lives here, not just Indian tribes.

As for the question of who will pick up where Billy left off, the answer is all of us. No single person will ever be able to replace him. That’s a job for everyone. There is only one direction we can go: Forward – together – on the path Billy showed us with the teachings he shared.

Financial implications of return to Kingdom of Hawaii

mendonews.com
mendonews.com

By Tom Yamachika June 1, 2014

Special to West Hawaii Today

The Office of Hawaiian Affairs was just in the news because its CEO, Kamanaopono Crabbe, wrote a letter to U.S. Secretary of State John Kerry asking for a legal opinion on Hawaii’s sovereign status. One of the key questions raised in the letter is “Does the Hawaiian Kingdom continue to exist?”

I will leave it to others to answer that question, but, supposing the Kingdom coexists with the State of Hawaii, what tax and public finance implications can we expect?

Throughout its history, the U.S. government has had to coexist with independent sovereign entities known as Native American tribes. During this time, rules and procedures have been adopted allowing both to exist with a fair amount of autonomy and dignity for each. The Akaka Bill aimed to reconstitute a Native Hawaiian governing entity and then have it recognized by the federal government the same way Native American tribes are.

Typically, tribes have space set aside within a state, which we call a “reservation.” On the reservation, the tribal government not only provides governance, but also provides the services necessary to maintain a civilized society. Those services, like any others provided by any other government, need to be paid for. So the tribal government has the power to impose taxes upon those living on the reservation. Those on the reservation pay tribal taxes, not state or federal taxes. But neither the state nor the federal government is obligated to provide the reservation with infrastructure, police, fire protection, a militia, or anything else people typically look to government to provide.

By the same token, anything off the reservation is part of the state. An individual living off the reservation, even though ethnically or otherwise a member of a tribe, is considered a state resident and pays federal and state taxes like any other resident. This makes sense because that person is a beneficiary of the services and society provided by the federal and state governments, and should pay for those services like any other person living there.

The same theories apply for the island possessions of the United States, such as Guam and American Samoa. Each island has a government that imposes its own tax and provides its own services. For example, those living in Guam pay Guam tax, while ethnic Guamanians living in the U.S. pay federal and state taxes.

Applying these concepts to the Native Hawaiian situation raises familiar issues. The Kingdom of Hawaii currently has neither a monarch nor anything generally recognized by its members as a government. That’s why the Akaka Bill proposed, and the Native Hawaiian Roll Commission is moving toward, a process for getting a number of Native Hawaiians together and having them organize themselves.

Once that happens, however, some kind of dedicated space is needed for the nation-within-a-nation model to work. We certainly hope that no one is thinking the citizens of the reconstituted Kingdom living on state lands, and taking advantage of the benefits and services offered by the state and federal governments, will then claim they don’t have to pay for them. That’s simply not reasonable. People paid taxes in the old Kingdom, and those in the reconstituted Kingdom shouldn’t expect something different. We all need to be aware that both benefits and burdens flow from being a part of civilized society.

Tom Yamachika is interim president of the Tax Foundation of Hawaii.

The 81-Year-Old Newspaper Article That Destroys the Redskins’ Justification For Their Name

George Preston Marshall, founder and owner of the Washington Redskins, in 1935.CREDIT: AP
George Preston Marshall, founder and owner of the Washington Redskins, in 1935.
CREDIT: AP

By Travis Waldron May 30, 2014

ThinkProgress

As challenges against the name of the Washington Redskins have persisted for more than four decades, the team’s ownership and management has held on to a consistent story: that the team changed its original name, the Boston Braves, to the Boston Redskins in 1933 to honor its coach, William “Lone Star” Dietz, who maintained at the time that he was a member of the Sioux tribe.

But in a 1933 interview with the Associated Press, George Preston Marshall, the team’s owner and original founder, admitted that the story wasn’t true.

“The fact that we have in our head coach, Lone Star Dietz, an Indian, together with several Indian players, has not, as may be suspected, inspired me to select the name Redskins,” Marshall said in the AP report. The quote was originally referenced in a story on the team’s name at Sports Illustrated’s MMQB site. Jesse Witten, the lead attorney in a lawsuit challenging the legality of the team’s federal trademark protection, unearthed the actual AP report this week, and provided it to to Washington Post columnist Robert McCartney. ESPN’s Keith Olbermann reported it on his show, “Olbermann,” Thursday night.

Here’s a copy of the news clip, which ran in the Hartford (Conn.) Courant on July 5, 1933:

redskinsnewspaper-638x379

The team’s owner, Daniel Snyder, and top management have justified the team’s name as an “honor” to Native Americans in letters to fans and the public. So too has NFL commissioner Roger Goodell. And both have leaned on the story that Marshall chose the name to honor Dietz to make that case.

Snyder referenced the history without using Dietz’s name specifically in a letter to season ticket-holders last October:

As some of you may know, our team began 81 years ago — in 1932 — with the name “Boston Braves.” The following year, the franchise name was changed to the “Boston Redskins.” On that inaugural Redskins team, four players and our Head Coach were Native Americans. The name was never a label. It was, and continues to be, a badge of honor.

The team has also used Dietz’s heritage — and the claim that the Redskins were named in his honor — to defend itself in the lawsuits challenging its federal trademark.

The NFL, too, has rested its case on that history. Goodell did so in a letter to 10 members of Congress who wrote him to challenge the name last June. The commissioner called the name a symbol of “strength, courage, pride, and respect” and specifically referenced Dietz’s role in the name:

In our view, a fair and thorough discussion of the issue must begin with an understanding of the roots of the Washington franchise and the Redskins name in particular. As you may know, the team began as the Boston Braves in 1932, a name that honored the courage and heritage of Native Americans. The following year, the name was changed to the Redskins — in part to avoid confusion with the Boston baseball team of the same name, but also to honor the teams then-head coach, William Lone Star Dietz.

Asked for their response to the news clip, neither the NFL nor the Washington Redskins responded by the time of publication.

Dietz’s history was already in question at the time thanks to the work of historian Linda M. Waggoner, whose exhaustive account of Dietz’s life found that he almost certainly was not a Native American, as he had claimed. In fact, Dietz faced a federal trial alleging that he had falsely represented himself as a Native American to avoid the World War I draft. After the first trial ended with a hung jury, Dietz pleaded no contest to the same charges in a second trial and served 30 days in jail.

When ThinkProgress asked the franchise about the claims that Dietz was not a Native American last year, the team’s president and general manager, Bruce Allen, called the questions “ignorant requests” and suggested that we speak to Dietz’s family instead.

Amid scrutiny about Dietz’s history, the team has given the appearance of backing away from relying on the claim that he inspired the name. Notably, Allen did not cite Dietz or the origins of the name in his written response to a letter from Senate Majority Leader Harry Reid (D-NV) and 49 other senators who called on the team to drop “Redskins.”

If Marshall didn’t choose the name based on Dietz or the presence of Native Americans, what was his reason? As Olbermann notes in his report, the team chose its original name — the Boston Braves — because it shared a field with Boston’s baseball team by the same name. Marshall explains the AP story that he gave up the name “Braves” because it was too easily confused with the baseball team, and he chose “Redskins” to keep the Native American imagery as the team moved away from the Braves and into Fenway Park, the home of the Boston Red Sox.

Until recently, that story was more commonly told than the one about Dietz. In 1972, freelance writer Joe Marshall wrote a story on team nicknames in a promotional program from a game between Washington and the Atlanta Falcons. Joe Marshall didn’t reference Dietz in his story, instead writing that the team wanted to “change names but keep the Indian motif”:

The Redskins also copied a baseball team, the Boston Braves. George Preston Marshall started with his team in Boston on Braves Field. When he switched playing sites, he wanted to change names but keep the Indian motif. Since he was now sharing a park with the Red Sox and at the same time liked Harvard’s crimson jerseys, Redskins seemed appropriate. Redskins they have remained, a proud tradition. Until now, that is.

In that sense, it seems obvious that the name “Redskins” was chosen more as a marketing ploy than anything else, a way to tweak the team’s name without changing the image it had established. Regardless of the original motive, however, this much is clear: the story the team and NFL have used to justify the name’s existence as a “badge of honor” is not true, and the man who founded the team refuted it himself more than 80 years ago.

Public Schools Outperform Private Schools, Book Says

9780226088914Published in Print: May 14, 2014, as Authors Contend Public Schools Outperform Private Schools

By Holly Yettick Education Week

The recent publication of a scholarly book has reopened the debate surrounding the academic achievement of public vs. private schools.

Public schools achieve the same or better mathematics results as private schools with demographically similar students, concludes The Public School Advantage: Why Public Schools Outperform Private Schools, published in November by the University of Chicago Press. The authors are Christopher and Sarah Lubienski, a husband-and-wife team of education professors at the University of Illinois at Urbana-Champaign.

Central to the controversy is their suggestion that vouchers, which provide public funding for private school tuition, are based on the premise that private schools do better—an assumption that is undercut by the book’s overall findings.

The Lubienskis’ analysis draws on data from the 2003 National Assessment of Educational Progress, or NAEP, as well as the Early Childhood Longitudinal Study, Kindergarten Class of 1998-99.

After accounting for socioeconomic status, race, and other demographic differences among students, the researchers found that public school math achievement equaled or outstripped math achievement at every type of private school in grades 4 and 8 on NAEP. The advantage was as large as 12 score points on a scale of 0 to 500 (or more than one full grade level) when the authors compared public school students with demographically similar 4th graders in conservative Christian schools.

The Lubienskis also used NAEP data to conclude that regular public schools outperformed independently operated, publicly funded charter schools in 4th grade math and equaled them in 8th grade math.

Finally, the Lubienskis used their longitudinal data to find that public school students started kindergarten with lower math achievement than demographically similar private school peers. By the time they reached the 5th grade, however, they were outperforming those same peers in the subject.

On the basis of the data they analyzed, the Lubienskis offer two possible explanations for their findings.

First, public school teachers are more likely to be certified, meaning they are required to continue to take professional-development courses that expose them to the latest research on teaching math.

Second, perhaps as a result of that professional development, their instructional approaches more closely align with recent studies suggesting that test results improve when students know how to reason and communicate mathematical concepts rather than merely learning to add, subtract, multiply, and divide.

The Lubienskis conclude that “private, autonomous, choice-based schools are not necessarily more innovative or academically effective but instead often perform at lower levels even as they attract more able students.”

Their book adds to a growing and controversial body of research questioning the conventional wisdom that private schools are superior to their public counterparts.

One source of contention is that private schools serve a different and often socially and economically more privileged set of students. So efforts to compare the two sectors necessarily require researchers to account for demographic differences between the groups.

Different Studies

Anytime researchers must consider those kinds of differences, they face the frustrating reality that results can change dramatically depending on the particular combination of demographic factors that they select and how they use them in their analysis.

In 2006, for example, researchers at the Educational Testing Service, the nonprofit Princeton, N.J.-based organization that administers and contributes to numerous high-profile exams, including NAEP, reached conclusions similar to the Lubienskis’ when the ETS scholars used the same 2003 database to conduct an analysis of both reading and math for the federal National Center for Education Statistics.

Shortly after that report was released, Paul E. Peterson, a professor at Harvard University’s John F. Kennedy School of Government, led an analysis in which he used the same data with a different combination of demographic variables. His results suggested that private schools actually equaled or surpassed public schools.

With this latest study by the Lubienskis, criticisms about demographic factors and other issues have also arisen, this time in a variety of venues including The National Review, a leading conservative magazine, and The Atlantic, which ran an interview with the Lubienskis in October.

Range of Responses

University of Arkansas scholar Jay P. Greene, who was once a researcher for the free market-oriented Manhattan Institute for Policy Research, mocked the study on his blog. At the other end of the ideological spectrum, New York University research professor Diane Ravitch, an outspoken critic of school choice, provided a blurb for the book.

One of the more detailed critiques appears in the summer edition of the school-choice-friendly publication Education Next. In that article, Patrick Wolf, a professor in the department of education reform at the University of Arkansas at Fayetteville, disputed the idea that the study was even relevant to the voucher debate.

“Voucher recipients make up a tiny fraction of private school students in the data sets the authors examine, especially since the data predate most of what still are very small programs scattered across the country,” he wrote.

Mr. Wolf also raised several methodological issues. For example, he noted that private schools do not necessarily participate in government initiatives such as the free and reduced-price meal program that the Lubienskis used as one measure of poverty, suggesting the Lubienskis’ numbers may be inaccurate.

If the results are biased, they are likely biased in favor of private schools, Christopher Lubienski countered in a response to Mr. Wolf and other critics that was posted on the Education Policy Blog in April. That’s because no data are available to account for what he describes as one of the biggest differences between public and private schools: highly motivated parents.

Two public and private school children may be identical in every measurable way, from income to race to special education status.

But the private school child’s family has still “demonstrated particular interest in their children’s education,” Mr. Lubienski wrote, by investing the time to select a particular private school and the money to pay for the tuition.

Because that family-level difference is unmeasured and unmeasurable, the Lubienskis argue, public schools are likely doing even better than their conclusions might suggest.

Lunch Demographics

Marcus Weaver-Hightower is an associate professor of educational foundations and research at the University of North Dakota who is familiar with the Lubienskis’ work but did not contribute to their book. He commented on some of the points raised in Mr. Wolf’s critique.

“Wolf is completely right that school lunch eligibility is a problematic indicator, though not necessarily because it separates the private schools from the public,” said Mr. Weaver-Hightower, an expert on school food policy.

“How much would kids be further behind without the program and its nutritional benefits, for example?” he said, “[What about] problems in certifying kids accurately, declining participation with age, and so on?

“Where Wolf’s critique is wrong, I think, is that a large number of private schools do actually participate in the National School Lunch Program.”

For instance, Mr. Weaver-Hightower said, although private schools are less likely to offer the program, past research has found that 94 percent of all schools, public and nonprofit private included, do participate.

Existing research does not address whether private schools that participate differ from those that do not, he said.

In addition to critiquing the way in which the Lubienskis accounted for demographic differences between sectors, Mr. Wolf also questioned their use of a “narrow definition of school performance” that excluded reading results and relied on the “use of tests that align more closely with public school than with private school curricula.”

In their book, the Lubienskis explain that they focus on math because it “is thought to be a better indicator of what is taught by schools than, say, reading, which is often more influenced directly and indirectly by experiences in the home.”

In addition, the Lubienskis have said that they limited their study to mathematics because it is their area of expertise, and that they did not feel comfortable straying beyond it.

Responses to Critics

In his response to Mr. Wolf, Christopher Lubienski noted that private schools are represented on the expert panels that oversee the creation of exams for both data sets that the Lubienskis’ study uses.

“Really, the tests are more aligned with public school curriculum, but that’s the point,” Mr. Lubienski said. “These tests reflect professional, expert perspectives on the most effective ways of teaching and learning. Both test-makers and public schools have embraced those perspectives more than have private and charter schools.”

Mr. Weaver-Hightower of the University of North Dakota suggested that the Lubienskis had done a thoughtful job of trying to account for as many complexities as possible.

“In the end, no study of public versus private schooling is going to be methodologically perfect,” he said. “It’s just too complicated to try to find a definitive answer when the sectors are so diverse, the confounding factors so many, and the data sets so limited.”