Correspondence from Pamela Karlan to Karl Cooper (Journal of Law and Politics); Journal of Law and Politics Transfer of Copyright Form from Karlan; Dillard v. Town of Loachapoka Final Order Approving Settlement; Consent Decree

    LesarEDrenseH. NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC.
99 Hudson Street, New york, N.y. 10013 o (Z1Zl219_1900

April L2, L988

KarI Cooper
Articles Development Editor
JournaL of Law and Politics
University of Virginia
School of Law
Charlotteville, VA 229OL

Dear Karl:

r am returning the executed copyright form and a marked-up
text of our book review.

Your changes were very helpfuI. We are particularly pleased
with the decision to move rrDemocracy and pistiustrr to thl Lnd ofthe review; it fits much better there. Many of the styristic
changes also improved the review.

There are only two significant problems, one rerating to a
change and'one relating to our original text.

L. The opening sentence. we liked our originar, but have
adapted it to account for your suggestions. But we feer very
st,rongly that we should not guote Walzer, Wildavsky, and VanArstyne. First, w€ don't want the first page of the review tocontain all these nice statements about a book which is so bad.
Second, at the outset readers of the review have little reason to
suppose the book is bad. After reading all these glowing words
from the famous, they're 1ikely to be in a mind.frame thai
presumes the book is good. Third, the guotations really say verylittIe of substance. Fourth, it puts us in the position of-
seeming to review the dust-jacket comments. Although we thinkthe three commenters are dead wrong, our guarrer is not rearlywith them but with Thernstrom.

2. The text accompanying notes 59-65 has been deleted anda briefer paragraph inserted. We became convinced that it didnrtfit with the flow of the article.
A few litt1e things:
l-. The cross-references are mostry off by one. 8.g., note

Contributions arc dpductiblz lor U.S. iruorne tax pu,rpoaes.

Thc I{AACP Lcgal Dclense & Educational Fund, lnc. (LDF) is not part ol tho National Association lor tho Mvancemont ol Colored Psople (I'IAACP) althouoh
LDFwasloundid bythc NAACPand shar!s its commiimcnt to cqual rights. LDF has had lor ovsr30ycars a soparate Board, program, stat , otlico and budgot.



KarI Cooper
April L2, L988
Page 2

5 contains a cross-reference to note 27, but it should be to note
28. Since the numbers will all likeIy change, due to the
insertion and deretion of a few notes, we didnrt change them alr
now. Perhaps that should wait until first proofs?

2. There are often odd spaces around dashes. 8.g., a
phrase--which j-s set off --wi11 have spaces before the iecond
dash.

3. We have filled in the blanks and notes you left.
Againr w€ are very pleased with the edit and with the

review. Please feel free to call either me or Peyton if you have
any questions. Prease arso let us know if it is possibre to
order reprints and, if it is, what the cost would be for a totar
of 2OO.

We look forward to hearing from you.

S,,i-r7ereIy,

\/^^r
Pdmela S. Karlan

enclosure
cc: Peyton Mccrary



loC,NAL oF LAW & PoLr,O
University of Virginia School of Law

Charlottesville, Ya. 22901

TRA}ISFER OF COPYRIGHT

To be signed by the author, o! in the case of uultiple
authorship, by at least one of Ehe authors who agrees to
infor^u the others. This signed statement must be received
by the Editor before the issue is sent to the printer.

Copyright to the article by

submitted under the title t. ., r..J ' ..i,.1 |

ul- - -r r A

t:

is hereby transferred to the Journal of Law & Politics.

The author(s) reserve the following rights:
1. The right to use all or part of Ehis article in future

works of their own, such as lectures, reviews, or textbooks;

2. The right to make copies for the authors' oam teaching use;

3. The right to use figures and tables in future publications.

date



FILED
FE8 2 B8tIX IIIIE T'NITED BTAtrtsS DTSTR,ICI OOI'RT

rOR IIIE }IIDDIA DISTRICT OF AIABN{T
XORITIERN DTVTSION

i,,3.IfllTT,F'^ir
JOHIT

ISoB(Ix,

DefendantE.

DIIJARD, ET AL.,

PlalntlCte,
87-T-124E-N

CIVTL AqTION NO. EIIETEETEOI

a. - '[ .r .]
[['\i)

Re: Town of loach"Pq{..

FINAI, ORDER APPROVTNG SETTI,EUENT

The court hae been notl.fl.ed ih"t the Departnent of

Juetlce hae precleared the propoeed elcctlon plan for tlre clty

pursuant to Sectlon 5 of the Votlng Rlghts Act of 1965, 42 U.S.C'

sectl.on I9Z3c. Followlng a hearing conducted by the Uaglstrate

pureuant to RuIe 23, Fed.R.Clv.P., the Dlaglstrate found that the

propoged settleuent ls fair, Just and equltable and recoDDended

that the settleuent be glven final aPProval by the Court. Upon

consideration of the fact that the proposed plan has been

precleared, and uPon consideratlon of the flndlng and

reco1mendatlon of the llagistrate, tt ls ORDERED, ALTUDGED and

DECREED thAt:
1. The flnding and recouuendation of the Magistrate be,

and the Bame hereby ls, approved and adopted.

2. The proposed consent decree prevJ.ously subnltted by

the partles be, and the EaDe hereby J.s, flnally approved.

DoNE thls a"L day of FJ6Y-T 'y , 198i'

,. 

';. .,_,'it,



\:'\

F'ILED
IN THE ITNTTED STATES DISTRIGT_ q-oURT FFB
FOR SIIE IiIDDLE DISTRIqr OF AIABII'IA ' LI 298

NORTHERN DTVISTON

JOHtt DItIiRD, ET AL. 1

PlalntlCte,
V.

IDOEE,

DefendantB.

CTVTL AqTION

hflllB[n,'r#m
8?-?-1.248-N

NO. TCITDEOETIDEII

Plalntlffs and ttre Town oFl L,o{hapoaka, Alabaua,

Re: Iown of Ioachapordca

CONSENT DECREE

hereinafter caIled the defendant, havlng subultted the followlng

terus of settleuent and for good cause shown, lt ls ttgREBy ORDERED

, that the defendant, lts agents, attorneYar enployees and those

actJ.ng |n concert with then or at thelr dlscretl.on, are ENJOINED

fron conductlng the electl.ons for tlre clty council under the

present at-large electlon systeu, and are FURTHER ENJOINED as

follows:
1. The city councll ehall consl'st of fl've uernbers

elected at-Iarge, without deslgnated or numbered places and wlth

r the five candidates receiving the nost votes being elected and
i- L.-' \ -. .

. each voter castlng onlY one voie.

2. Electlons shall be conducted at the regrularly

scheduled nunlcipal elections Ln the tu1ner of 1988.

3. The defendant shall reguest the local leglslative
delegatlon to enact legislatlon providing for the fom of

governrnent agreed to herein. Thls court ordered fotm of

government shall remal.n ln effect only untll such legJ.slatlon ls

Etil



.nact.d by tlro lcglrlaturr and procloarcd 1n accordanco vlth thc

provlronr of thc Votlng Rlghtr Act ot 1965.

l. Black citizene rhall be appolnted ae poll offlcials
1n nunbere that reaeonably reflect tlre racial conposltlon of the

lunlclpality.
5. fhe plalntlffa are prevalling parttee for tbe pur-

pose of the award of attorneya I feec and srqrenaeB. .If not

reeolved by the partlee tlre court v111, upon ProPer notLon by any

party, eet the Lseue for hearlng.

mNE this a"n. day of Ftu"')t , lea g .

AGREED TO:

Larry T. [enefee
Flfth Floor Tltle Bulldlng
300 Twenty-Flrst Street Norttt

465 Dauphln Street
Uobl1e, Alabana 36602
(2os) 433-2000

Pamela S. Kar1an
Ju1lue L. Chanbers
99 Hudson Street, 16th Floor
New York, New York 10013
(2t2) 2Ie-Ie00

Edward Stllt
7l{ South 29th Street
Brhau, AI 35233-2810
(205) 322-663t

Attorneys for Plalntlffs

W. F. Horsley
P. O. Box 2345

Susan Russ
Asslstant Attorney General
Alabama State House
11 South Unlon
Itlontgonery, AL 36130
(20s) 26L-7406

BltmJ.ngrhan, Alabaua 35203
(205) 322-73OO

Janes U. BIa

opellka, AL 36803-2345
(05) 74s-3s04