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7:00 A.M.– 8:00 A.M.
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Breakfast (Airlie Room)
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| 7:30 A.M – 8:00 A.M |
Conference Registration (North Room)
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8:00 A.M. - 9:30 A.M.
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Panel III: Role of the Section 5 Preclearance Provision During Redistricting
This panel will provide an overview of the Section 5 preclearance provision of the Voting Rights Act and discuss its important role during redistricting. The panel will look closely at the Department of Justice’s Section 5 preclearance process and offer strategies for filing effective Comment Letters during the DOJ review process. Close examination of changes made to Section 5 during the course of the past decade will be provided, including a review of Congress’s 2006 reauthorization. The panel will also provide a discussion of key Section 5 voting rights cases, including changes Northwest Austin Municipal Utility District Number One v. Holder (NAMUDNO), 129 S. Ct. 2504 (2009) (adopting an expanded interpretation of which jurisdictions are eligible to seek “bailout” pursuant to Section 4 of the Voting Rights Act and declining to reach question concerning the constitutionality of Section 5 of the Act). Finally, this panel will also provide a brief discussion of the bailout provision of the Act. |
Moderator:
Kristen Clarke
Co-Director, Political Participation Group NAACP LDF |
Julie A. Fernandes Deputy Assistant Attorney General, Civil Rights Division U.S. Department of Justice |
J. Gerald Hebert Executive Director & Director of Litigation Campaign Legal Center |
Jon Greenbaum
Legal Director Lawyers' Committee for Civil Rights Under Law d |
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9:30 A.M. - 11:00 A.M.
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Panel IV: Section 2 of the Voting Rights Act & Redistricting
This panel will provide an overview of Section 2 of the Voting Rights Act, and discuss its success both as a tool for greatly expanding minority political participation and representation and for protecting minority voting rights in the redistricting process. This panel will discuss the types of actions that can be brought under Section 2 (drawing distinctions between vote dilution and denial cases), and will look closely at the threshold elements of a Section 2 case, as outlined in the Supreme Court’s seminal ruling in Gingles, and the role that the Senate Factors play in litigating a Section 2 case. Drawing from past successful cases, this panel will outline strategies, from a practitioner’s perspective, for bringing successful Section 2 cases in this legal climate, when cases are best brought, and what types of evidence must be marshaled to build a successful Section 2 case. Finally, this panel will provide a brief overview of Supreme Court’s key Section 2 cases from Mobile, in which the Court required a plaintiff to prove that the challenged measure at hand was enacted or maintained by an invidious purpose, to Bartlett, in which the Court just last year found that Section 2 only contemplates the creation of districts that are at least 50 percent minority in population and, thus, leaving sub-50% districts unprotected. |
Moderator:
Gilda Daniels
University of Baltimore School of Law
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Nina Perales
Southwest Regional Counsel
MALDEF |
Meredith Bell
Staff Counsel
ACLU Voting Rights Project |
Richard L. Engstrom Visiting Research Fellow Center for the Study of Race, Ethnicity, and Gender in the Social Sciences & Visiting Professor of Political Science Duke University |
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11:00 A.M.- 11:20 P.M.
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Break
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11:20 A.M.- 12:45 P.M.
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Panel V: Developing Effective Advocacy Strategies & Fostering Active Community Participation in the Legislative Process
One critical aspect of the redistricting process is input from the community. This panel will focus on the critical role that advocates and leaders can play during the redistricting process and highlight the benefits of opening community participation in a meaningful way. The panel will discuss how to raise minority vote dilution and community of interest concerns in a way that preserves a record of discrimination when it is afoot while withstanding constitutional scrutiny if litigation later ensues. |
Moderator:
Jenigh Garrett
Assistant Counsel NAACP LDF |
Donita Judge
Project Director of Redistricting and Staff Attorney Advancement Project |
Glenn D. Magpantay
Director, Democracy Program
Asian American Legal Defense and Education Fund |
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Rosalind Gold
Senior Director
Policy Research and Advocacy
NALEO
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Derrick Johnson
President
NAACP Mississippi State Conference
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12:45 P.M.- 2:00 P.M.
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Lunch (Airlie Room)
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2:00 P.M. - 3:45 P.M.
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Concurrent Sessions
Attendees have the opportunity to choose between 3 concurrent small-group sessions.
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Group 1: Introduction to Redistricting Software & Technology
Offers a hands-on introduction into redistricting software technology. Attendees will also be given the opportunity to handle an actual redistricting exercise for a hypothetical jurisdiction.
This session is co-sponsored with the Southern Coalition for Social Justice Community Census & Redistricting Institute
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| Leader: |
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Anthony Fairfax
Southern Coalition for Social Justice Community Census & Redistricting Institute
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Group 2: Issues Faced by Minority Language Voters
Will focus on the unique challenges faced by minority language voters in the redistricting process.
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Leader:
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Nancy Ramirez
Western Regional Counsel, MALDEF
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Group 3:The Central Role of Experts in the Redistricting Process
Will focus on the role of experts in the redistricting process. This session will provide an overview of the work of redistricting experts; describe what expert resources are available to legislators, community advocates and lawyers; and provide a closer look at the methods used by of experts in analyzing districting plans, including methods for measuring racially polarized voting such as ecological inference.
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| Leaders: |
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Prof. Nathaniel Persily
Columbia Law School
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Prof. Kareem Crayton
University of North Carolina
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3:45 P.M. - 4:00 P.M.
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Break |
| 3:30 P.M. - 4:00 PM |
Room Registration (Airlie Front Desk)
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4:00 P.M. - 5:30 P.M.
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Panel VI: Litigation Strategies: Ensuring Protection of Minority Voting Rights
In some instances, communities may need to turn to the courts to defend and protect minority voting rights during the redistricting cycle. This panel will consider the costs and benefits of such litigation, while outlining strategies for bringing successful suits. Special attention will be given to redistricting plans that “crack” cohesive groups of minority voters or unnecessarily “pack” minority voters into small numbers of districts. The importance of developing an adequate legislative record and other steps that should be taken where it appears that litigation is likely will be considered. Specific attention will be given to the challenges of bringing Section 2 vote denial claims that require proof of discriminatory purpose underlying the adoption of a redistricting plan.
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Debo Adegbile
Associate Director-Counsel NAACP LDF |
Anita Earls
Executive Director
Southern Coalition for Social Justice |
Brenda Wright
Director,
Democracy Program Demos |
Pamela Karlan
Harle Montgomery Professor of Public Interest Law & Co-Director, Supreme Court Litigation Clinic Stanford Law School |
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| 5:30 P.M. – 6:30 P.M |
Dinner & Closing |
| 7:30 P.M. - 11:30 PM |
Networking & Social Gathering (Whistling SwanPub) |
| Sunday October 10, 2010 |
| 7:00 A.M. - 8:45 A.M. |
Breakfast |