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   U. Miami L. Rev. > Symposia

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UNIVERSITY OF MIAMI LAW REVIEW SYMPOSIUM

THE FUTURE OF AFFIRMATIVE ACTION:
SEATTLE SCHOOL DISTRICT #1, RACE, EDUCATION, AND
THE CONSTITUTION

February 2, 2008
Storer Auditorium, University of Miami School of Business
Admission is Free to all!

We Would Like to Thank our Generous Sponsors

Dade County Bar Association
Jeffrey D. Fisher, Fisher & Bendeck, P.A.
Gill S. Freeman
Jill and Jerald Goodman
Hogan & Hartson LLP
LAFAC
LexisNexis
The Lipton Foundation
Preston J. Scheiner

We are still actively seeking sponsors. If you would like to become one, please fill out the sponsorship form.

FREE CLE CREDITS WILL BE OFFERED! (pending with Florida Bar) CHECK BACK FOR UPDATES.
SCHEDULE OF EVENTS

I. Opening Ceremonies: 9:00 to 9:15

  1. Welcome - Dean Dennis Lynch
  2. Welcome - University of Miami School of Law Professor
    D. Marvin Jones

II. Panel 1: Historical Background - The Spirit of Brown or the Ghost of Plessy: Brown, Equal Protection, and the Second Reconstruction: 9:15 - 11:15

What was the original meaning of Brown? What is segregation? Competing models of desegregation law: from Swann to Dowell; the background of the first reconstruction; the era of massive resistance; the causal conundrum: white flight, demographic movement and continuing patterns of "resegregation."

III. Lunch: 11:30 - 12:30

Keynote Speaker: Professor Charles Ogletree
  • Executive Director of Harvard Law School's Charles Hamilton Houston Institute for Race and Justice
  • Author of Brown at 50: The Unfinished Legacy and All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education

IV. Panel 2: The Current Legal Framework-Affirmative Action - Welcome Mat or Keep Out Sign: Meredith, Seattle, and the View from the Front Lines: 12:45-2:45

The diversity paradigm; standards of review; the deference issue: Should we defer to local school boards to allow them to use local knowledge to craft race conscious solutions specific to perceived threats of resegregation? Or do norms of colorblindness forbid deference to the use of race outside of a strict remedial context? Conflicting analytical starting points: is it Swann and the desegregation cases or Grutter and cases dealing with diversity and higher education?

V. Panel 3: Where Do We Go From Here: Affirmative Action, Desegregation and Constitutional Theory: 3:00 - 5:00

What kind of question is desegregation? Is it a question that requires us to take historical context into account? Or is it a narrow question of discovering original intent? Is race different? Are there democratic imperatives that require us to apply equal protection norms differently in the context of race and education? Or are constitutional norms universal? What models of inclusion should we use if it is true that voluntary race consciousness is constitutionally out of bounds.

VI. Closing Ceremonies

Conclusion and Thank you - Professor D. Marvin Jones
Closing Remarks: Todd Allison, Editor-in-Chief
Recognition of Law Review Staff & Symposium Sponsors

PANELISTS

Barbara Arnwine
Kevin Brown
Sharon Browne
Kenneth Casebeer
Erwin Chemerinsky
Patrick Gudridge
Rachel Moran
Eboni Nelson
Charles Ogletree
Wendy Parker
Gerald Reynolds
Wendy Brown Scott
Girardeau Spann
Steven Winter