Correspondence from Pamela Karlan to James U. Blacksher Re Dillard v. Crenshaw County; Affidavit of Pamela Karlan and Appendices (Karlan CV and Working Hours)

    Les.,EDrensoH" NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC.
99 H udson Street, New York, N. Y. 1 001 3 o (21 21 21 S' 1 900

JuIy 11, 1988

James U. Blackser
5th Floor, Title Building
300 21st Street, North
Birmingham, Alabama 35203

Re: Dillard v. Crenshaw County (Montqomery and Baldwin
County Boards of Education

Dear Jim:

I have qone back over my time records to see whether I had
any time attributable specifically to these two defendants, and
to compile a total of time spent on subclass A that cannot be
allocated to an individual defendant.

Virtually all of my attributable subclass A time concerned
motions to dismiss or sunmary judgment motions fired by other A
defendants and the indeteminate Baldwin County Commission. f do
not have any tine specifically noted concerning the ltlontgomery
and Baldwin BOE's. They Lrere in part the subject of several
telephone calls from you and Ed; in addition, there have been
several opinions concerning them. I have not, however, broken
down opinion-reading time by defendant, since they arrive in such
large envelopes, and the opinion-reading time has been included
in my reguest for fees in the subclass B litigation, since that,s
what the vast burk of the opinions concern. r wourd estimate
that the total tine spent on each of these defendants is unlikely
to exceed one or two hours.

My total subclass A tine since the summer of L987 when the
classes were split comes to 21.3. r have prepared an affidavit,
which accompanies this letter.

Lastly, I am enclosing a copy of Peyton and my review of
Abby Thernstrom. ft's some fight beach reading.

I shall be moving to Charlottesville next week. l{y address
there is University of Virginia School of Law, Charlottesville,
VA 229OL. My office phone number will be (804) 924-78LO.

ere1y,

LIa S. Karlan
enclosures (2)

Corrrribtdions on dedtfribb lor U.S ironw t4, pt rps.
Ttr IAACP Lcoal lbhns! & Educedonal Fund, lnc. (LDD b not part ol ttu tlatonel tusodstoo tor thc Adtarrcmcnt ot Colorcd hople (NAACP) al$ough
UlFmstounOiOOyttr llMCPrnd rtrarlslbcommitmcnitoqualdCha. LDFhrsh.dlorovcrOytsrs! tlpanh Bo8rd, proCram, statt,olliccand brdget.



lega1 ald organlzatlon, and lt has been clted by the United

States Suprene Court as having ,a corporate reputation for
expertness Ln presenting and arguing the difficult questions of
law that frequently arise in civil rights litigation.x NAACp v.
Button, 371 U.S. at 422. In the area of voting rights in
particuJ.ar, attorneys affiliated with the Legal Defense Fund have

litigated important cases decided by the Supreme Court, l the

Eleventh Circuitr2 and other Circuits3.
3. Neither I nor any other attorney on the staff of the

Legal Defense Fund has accepted or expects to receive any

conpensation or reimbursement from the plaintiffs in this case.

No counsel fees, costs, oE expenses will be obtained for work

done or money spent on this case by the Lega1 Defense Fund or its
staff attorneys unless the Court awards such fees, costs, and

expenses against the defendants. Any such award to attorneys

employed by the Legal Defense Fund during the pendency of this
case will be paid over to the Legal Defense Fund.

1 E g-, Thornburcr v. Ginoles, 478 U.S. _, 92 L.Ed.Zd. 23(1986); NAACP v. Hampton County, 47O U.S. 155 (1985); Escambia
County v. llcMillan, 466 U.S. 49 (1984); City of Mobile v. Bo1den,
446 U.S. 55 (1980), remanded, 542 F. Supp. 1050 (S.D. AIa. 1982) tUnited Jewish Organizations v. Carey, 430 U.S. L44 (L9771 i East
carrorl Parish school Bd. v. Marshall, 424 u.s. 636 (L976); Arlenv. Board of Elections, 393 U.S. 544 (1966).

2 E-€.-, Dillard v. Crenshaw County, 831 ?.2d, 246 (I1th
Cir. 1987) t Brown v. Board of Schoo1 Commissioners, 706 F.2d 1103(l1th Cir. 1e83).

.3.8.o., Chisom v. Edwards, 

- 
F.2d 

- 
(sth Cir. 1998);

Coalition for Education in District 1 v. Board of Elections, 495
F.2d 1090 (2d cir. L974)i BelI v. Southwell,
Cir.L967l,. Srnith v. Paris, 386 F.2d 979 (sth

376 F.2d 6s9 (sth
cir. L9671.



4. I am adnitted to practi.ce law before the followlng
courts: The United States Courts of Appeals for the Fifth,
Eighth, and Eleventh Circuits; the United States District Court

for the Southern District of New York; and the Appellate
DivLsion, First Departnent of the State of New york.

5. Attached as Appendix A to this af f idavit is a reEiume

which correctly sunmarizes ny biographical data, educational

background, enplolment histoEy, and professional experience.

6. Since my graduation from Yale Law School in 1984, f
have specialized in civil rights and constitutional litigation.
From 1984 to 1985, I was a law clerk to the Honorable Abraham D.

sofaer, united states District court, southern District of New

York. Fron 1985 to 1986, f was a Iaw clerk to the Honorable

Harry A. Blaclstun, Associate Justice of the United States Supreme

court. During my crerkships, r was responsible for reviewing
many cases involving constitutional law issues and voting rights.
From 1986 to 1988, r worked primariry on voting rights cases as a
staff attorney at the r,ega1 Defense Fund. During the summer of
1987, I was responsible for managing the Fundrs voting docket

and overseeing alr voting cases in which the Fund participated.
I am currently an Associate Professor of Law at the University of
Virginia School of Law, where I teach Civil Procedure and Law and

Po1itical Participation.
7. I have broad experience in the litigation of voting

rights cases under the Voting Rights Act and the Constitution.
In addition to the case at bar, I have been lead counsel for



plalntlffs Ln Chlsom v. EdwardE, 839 F.2d 1056 (5th Clr. 1988);

Jones v. Edwards, 674 F. Supp. L225 (E.D.La. 1987) (three-Judge

court); and No. H-C-86-47, Whitfield v. Clinton (E.D. Ark.). I
have also participated in numerous district court cases including
No. 86-1O48-CfV-5, Alexander v. Martin (E.D.N.C.), and No. 84-35-

D-O, PUSH v. Allain (N.D. Miss. 1987). I successfully

represented a voting rights actlvist in his petition for
rehearing on his criminal conviction, United States v. Gordon, _
F.2d _ (l1th Cir. 1988) (per curiam). I had primary

responsibility for preparing the anicus briefs filed by the Legal

Defense Fund in Ua}Iory v. Eyrich, 839 ?.2d 275 (5th Cir. 1988);

No. 87-L75L, Gomez v. City of Watsonville (9th Cir. ) ; and No. 87-

376L, Westwego Citizens for Better Government v. City of Westwego

(sth cir. ) .
9. I am the author of rrDiscriminatory Purpose and Mens

Rear rr 93 YaIe L.J. L1l (1983) . In addition, I am the co-author
with Professor Peyton McCrary of rtWithout Fear and Without

Research: Abigail Thernstrom on the Voting Rights Act,r' 4 J.L. &

Pol. 75L (1988), a review essay discussing recent scholarly
treatment of the Voting Rights Act. I have also participated as a

panelist in several conferences and training programs on voting
rights scholarship, litigation, and legislation:

Southern Educational Foundation, Aug. 9, L997, New
Orleans, Louisiana

American Political Science Association, Sept. 3, LgB7,
Chicago, Illinois
Committee on FuII Political Participation, Oct. 22,
1987, San Antonio, Texas

4



v.

CRENSHAW COt NTY, ALABAITIA, gl_&_,

Defendants.

IN THE I'NITED STATES DTSTRICT COURT

::i_:::_=::-_:=::I::_::_:33Y_*
JOIIN DILLARD, g.@_,

: C.A. No.
Plaintiffs,

85-T-1332-N

AFFIDAVIT

STATE OF NEW YORK

CTTY OF NEW YORK

PAITIELA S. KARLAN, being duly slrorn, deposes and says:

1. I am one of the attorneys for the plaintiffs in this
case, and I was employed as Assistant Counsel of the NAACP Legal

Defense and Educational Fund, Inc. (nlegal Defense Fundrr) fron
1986 to 1988. I subnit this affidavit in support of plaintiffs,
application for an award of attorneys, fees, costs, and expenses.

2. The L,egal Defense Fund is a nonprofit corporation which

rlas founded in 1940 and which has since furnished legal
assistance in cases involving claims of racial discrimination and

deprivation of constitutional rights before state and federal
courts throughout the nation. See NAACP v. Button, 37L U.S. ALS,

421 n. 5 (L953). The Legal Defense Fund has been approved by the

Appellate Division of the State of New York to function as a

)
)
)



Center for Constitutlonal Rlghts, lttay 21, 1988, t{est
Menphis, Arkansas

10. My hourly rate is $ffO.OO per hour. Appendix B to this
affidavlt is a schedule of the hours which I spent between the

summer of 1987 and the present on litigation against subclass A

menbers that cannot be allocated directly to a particular
defendant. These hours were conpiled from contemporaneous tine
records which I have maintained throughout this period.

11. In addition to the hours listed in Appendix B, other

attorneys employed by the Legal Defense Fund have reviewed

documents filed in this case and have conferred with ne from time

to time concerning this case. These attorneys include Director-
Counsel Julius LeVonne Chambers, First Assistant Counsel Charles

Stephen Ralston, and Assistant Counsel Elaine R. Jones and C.

Lani Guinier. In order to provide a conserrative etatement, of
the time spent on this case and to elininate any hours which

might conceivably constitute a duplication of effort, the Legal

Defense Fund is not requesting fees for the serrrices of these

attorneys.

Pamela S. Karlan

Subscribed to and sworn to
before ne this il Lfr'aY of JuIy
1988.

5



APPENDIX A

PAI.TEI.A SUSAN l[Irull}I

IORX EXPERIENCE

1988 University of Virginia School of Law
Charlottesville, Virginia
Associate Professor of Law

1985 1988 NAACP r.egar Defense and Educationar Fund, rnc.
New York, New York
Assistant Counsel

1985 1985 United States Supreme Court
Washington, D.C.
Law Clerk to Associate Justice Harry A. Blacloun

1984 1985 United States District Court
Southern District of New york
New York, New York
Law Clerk to Judge Abraham D. Sofaer

EDUCArION

1980 1984 YaIe Law Schoo1
New Haven, Connecticut
Article & Book Review Editor, YaIe Law Journal
Director, YaIe Moot Court of Appeals
Research Assistant to Professor paul Gewirtz
Supenrising Student, Jerone Frank Legal Selrrices

Program at F.C.I. Danbury

1981 1984 YaIe University Department of History
New Haven, Connecticut
J.D. /YI.A. Program
Honors in AI1 Graduate School Courses

L9'76 1980 YaIe College
New Haven, Connecticut
B.A. magrna cum laude with distinction in history
Robert D. French Scholar
DeForest, Townsend, TenEyck, and Buck-Jackson

Prizes

PUBLICNrIONs

Nonmaiority Rules and the Supreme Court, 136
U.Pa.L. Rev. LO67 (1988) (with Richard Revesz)

I{ithout Fear and Without Research: Abigail
Thernstrom on the Voting Rights Act, 4 J.L. & pol.
75L (1988) (with Peyton McCrary)



BAR IDIITTSSIONS

Book Revlew, A.B.A. Journal, Feb. 1988, tt 117
(reviewing A. Thernstrom, Whose Votes Count?:
Affinrratlve Action and llinority Voting Rights
(1e87) )

Book Review, Human Rights, Summer 1988, it _(reviewing S. Cagin & P. Dray, I{e Are Not Afraid:
The Story of Goodman, Schwerner, and Chaney and
the Civil Rights Campaign for Mississippi (1988) )

Adnitted to Practice in New York, the United
States District Court for the Southern District of
New York, the United States Court of Appeals for
the Fifth Circuit, the United States Court of
Appeals for the Eighth Circuit, and the United
States Court of Appeals for the Eleventh Circuit

L.J. 111 (1983)



APPENDIX

Activitv
neeting with cocounsel re subclass A defrts
status conference and meeting re subclass A
def 'ts

B

Date

oe/Lo/87

oe/2e/87

Hours

3.0

2.6

5.2

2.5

1.5

o.2

2.O

L.o

1.5

o.1

o.7

LL/L7/87 work on subclass A cost allocation memo

LL/L8/88 completed and sent out draft of subclass A cost
allocation memo

OL/O4/88 adapted LT\I brief for subclass A defendants and
serrred

OL/29/88 selrrice of LTV reply brief on subclass A

6/22/88 tel conf with JIIB and LTM re subclass A fees
issues; work on subclass A fee reimbursements

6/27/88 conv with .rUB re subclass A fees and work on
reimbursements

O7/O4/88 prepared memo for finance and project head re
subclass A expense reimbursements

07/06/88 discussed reimbursenents with I,G

O7/LL/88 prepared affidavit and time sheet and sent to
Jt,B

TOTAL 2L.3