Correspondence from Guinier to Bartholet

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L.*U&fenseH.

October 25, 1985

Prof . Elizabeth Bartholet
Barvard Law School
Cambridge, llass. 02138

Dear Betsy

At your suggestion, I am writing to outline the basis
for regulsting ; student for the January-Term Internship, or
it" Spiing feim clinical courge: I would like a student to
prepare a research nemoranda and to draft a complaint if
lap;;ariate on behalf of Dtaggie_Bo-zeman, a black civil rights
ilii"i"t and school teacher in Pickens County who was dis-
missed from her job as the result of a state felony conviction
Uy "n all white joty for 'illegal voting." t.PF-represented
Uis. Bozeman in i successful federal habeas challenge to her
conviction. About two years ago a PILRAP student, LarrY
Lustberg, PrePared an excellent memorandum on selective
proseculioir, Lt issue in the caser Prior to our filing the
habeas petilion. I attach a coPy of.the habeas.petition,
the disirict judgers memorandum opinion, our brief as appellee
in the court of ippeals, and the ltth Circuit's opinion
affirming the disliict judgers decision vacating her convic-
tion for insufficient evidence-

The student should be prepared to research both Alabama
Iaw and federal law to deteimine the proper forum and possible
causes of action for challenging !{rs. Bozemanrs discharge
from, and seeking reinstatement to, her tenured teaching
position. An action for damages should also be considered.
I short memo on Alabama law governing the right to reinstate-
ment of a public employee is attached. The memo does not
discuss any rights Irlrs. Bozeman may have as a black woman
dismissed 6y an all white school board in a county that is
over 40$ bllck. I have included in the materials appended
to this letter a newsPaper clipping reporting the school
board's decision not to reinstate lrlrs- Bozeman.

Contributions are deductible lor U.S. itttome ta:r purpoaes

The NAACp LEGAL DEFET{SE & EDUCATIOi{AL FUND is not parr ol thc National Associalion lor the Advancement of colore.d People although it

iaiiiiinoro uiiiino snaresits commitmenl to equal righti. LDF has had tor over 25 years a separate Board, program, stalt,otlice and budget'

NAACP LEGAL OEFENSE AND EOUCATIONAL FUND' INC.

g9 Hudcon Street, New York, N.Y. 10013o(212) 21$'1900



Prof . Ellzabeth Bartholet
october 25, 1985
Page 2

I am happy to answer any guestions that you or lnterested
students may irlve. I look forward to hearing from you aoon
on thie and-the other employment matter (l) we digcussed.

Thanks ao much for all Your heIP.

SincereIY,

Lani Guinier
LG/gr
Enc1s.



HARVARD
CAMBRIDGE

Ms. Lani Guinier, Esq.
NAACP Legal Defense Fund
99 Hudson Street 6th Floor
New York, New York 10013

LAW SCHOOL
MASSACHUSETTS . 02I38

October 7, 1985

Dear Ms. Gui-nif

I am writing to let you know of the clinical courses
that I will be teaching this year, and to see whether you
would be interested in having one or more of my students
work with you in connection with these courses. Please let
ne know by November 4 at the latest if you would like
students for the January Term Internship whichr BS
explained below, ls cornbined with Spring Term clinical work.
If you are not interested in the January Internship, and
would like a student only for the spring (February-May)
semest,er clinical work, you should let me know by January 6
at the latest.

The courses will be Emplolrment Discrimination Law
and Public Interest Litiqation -- Race and Poverty (PILRAp).

As in previous years, students in these courses will
work on major research and writing projects for lawyers
throughout the country who are engaged in civil rights and
and public interest work. A11 the students will do this
clinical work here at Harvard during the Spring semester.
In addition some of the students will be physically placed
in the office of the outside lawyer during our January
Internship.

Some specifics of the different courses, on the
kinds of clinical projects that make sense for this prolJram,
and on the January Internship program folIow:

The Courses

In Employment Discrirnination Law, all the Spring and
Winter-spring clinical students will have taken a fall
classroom course designed to provide a basic background in
federal anti-discrimination Iaw. Appropriate clinical
projects for the students would involve issues of current

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doctrinar importance, as well as issues whlch wlrr help toeducate students about the problems ina potentiai-oi usinglaw to effect social cfrange.

prmlr is designed more specifically to teachstudents about the relitlonsrrip ;;a;;;; raw and socialchange. Appropriate piojects iould iirr into--i ;i;; varietyof different substantive-categori;;. --inu", in tne-i"=t,PTLRA, students have worxea o; ;;;;; d;ii:";ini"En!'constitutlonality of aeatn. penalty iegisfation; section I983cases involving orriciat iuir"e 
""a ,iE"onduct; prison andother insritutional ro.aiii";; ;;.;;-;; werr as on issues

i:t:a.U to housing, rreaitn, welfare 
"r,a-tn. Votlns Righrs

descript j.ons.

clinica' pro,ects yirl.be designed and project workIil'rli.;:I:il'?:a.If"'l:^::!!'g: iifr+: involved. rr youffiffi Iff : "s.ll" :ri "-ta:;::l

supenrision wiII be prov ded by ure anaAsslstants. fn :p:?.i.11-::ses, wg nignt- f,"-;;i;-iB t"r.
3T:i$ I: =r"::.i:i l*:i,,1::-;. ilii.;i; :!";=" 3't;" T.li fi, o,:-::l?:, *.1 :-:fe rnv6rving-i5=i3;";i;;Tniin"l..ilespecially familiar.

projects shouid be designed wit! the understandingthat the students will tri". to 6o ",o"t if not all of theirwork ln cambrldoe wlth the rimii.a-"."J.ption-oi-inJ-Januaryrnternshlp progran describe;;;i;;. -^ii!."=sfur 
projectswill usuarly invorve resEarctr ana writf'g o, one rnajor issueor set of related lssues. Exampr"=-oi-[i"-r.-iii] oi'proiectsstudents have successfurry work-ed or-1r, the past inciude:(1) research memoranaa aisigr"a-tJ'rrlip rawyers decidewhether to pursue ritijaiion in u.partii:uIar case or areai(2) research memorandi on.major-iI=".;-i;-;.;iiig-'litisation; (3) ariii r.i"i!-;r-;G;i resar papersi and



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(4) design and lurpleurentatlon of particular law reform'proj ects here in Massachusetts.

January Internship Proqram

January Internshir students will be physlcally
placed during the Janua: y semester with the outside lawyer
involved. They will then come back to Hanrard for the
Spring semester and will continue working for that same
J.awyer. Students rrill pay for their own transportation and
other expenses, but the chances of ny being able to place a
student with you will be slgnlficantly j.ncreased if you are
able to suggest inexpensive housing in the arear oE if
students could be put up in an extra room with a loca1
lawyer.

The January Internship experience should be
designed: (1) to relate ln some way to the Spring research
and writing project; and (2) to educate the student about
the nature of social change lltigation (through, e.9.,
elcpoEure to other cases you are worklng on and to kinds of
work other than library researchi exposure to the nature of
your practice through lnclusion in staff meetings, and the
llke) .

Course Sehedules and Time Expectations

Winter-Sprlncr Students

Winter:

Spring:

Students will work on a fuIl-tirne basis,
January 2 - 25.

Students wil,l be expected to spend t2o-2oo
plus hours on their clinical project
work during the spring semester (January 29
- May 6).

Please call or write if you are interested. Please
talk to my assistant, Pat Keane (517) 495-0938 or numbers
llsted below) lf you have any questions and are not able to
reach ne. Remernber that we need to agree on speclfic
projects and placements by the following deadlines:



Novenber 4

January 5

January Internshlp for Wlnter-Spring
Etucients.

Sprlng cllnlcal students.

Slncerely,

%Ellzabeth B
Professor o
(617) 4es-3128 and

495-4853

J

EB: pk

Attachnent

holet
Law