Scholars, lawyers, advocates and leaders from across the country convened on April 14, 2023 for the University of Colorado Law School’s 31st Annual Ira C. Rothgerber Jr. Conference: State of Resistance: The Role of States in the Midst of Federal Court Crisis. 

This year’s conference grappled with the role of the states in responding to the U.S. Supreme Court’s modern jurisprudence. With the disruption of long-standing rights, controversial rulings and procedures, and an increase in skepticism about the Court’s legitimacy, speakers examined the role of state and tribal courts, state constitutions, and state law in responding to growing threats to democracy. This interdisciplinary conference benefitted from a range of perspectives and experiences. The speakers included: doctrinal & clinical law professors, a mathematics professor, private practitioners and non-profit lawyers, activists, and policy makers. 

Colorado Law’s Byron R. White Center for the Study of American Constitutional Law hosted the Rothgerber Conference. The Center’s director, Moses Lasky Professor of Law , gave opening remarks. Professor Malveaux set the stage, asking what role states should play in the face of waning confidence in the federal, judicial, and political branches. She flagged federalism, separation of powers and pre-emption as issues to look out for as states take opposing stances on what democracy looks like. Dean also kicked off the conference, explaining how democratic norms are under attack and urging attendees to be active participants in our collective future. 

, professor and Co-Director for the , gave the keynote address. Professor Shapiro discussed the importance of a republican form of government and how federalism enhances liberty for everyone. She explained how federalism requires a diverse and responsive government, citizen involvement, and the promotion of democracy. 

“We are experiencing not just the threat of, but actual, democratic erosion,” Professor Shapiro said. She criticized the Supreme Court for failing to protect democracy and argued that the Court’s selection process, composition, and jurisprudence illustrate the need for court reform.

Three panels picked up the conversation from there, examining the growing role of states in the context of civil rights, voting rights, and reproductive rights.

The first panel, “State Responsibility in the Face of Civil Rights Regression,” explored the current state of civil rights, with a focus on how BIPOC (Black, Indigenous, and People of Color) communities, in particular, have been impacted. Panelists highlighted how Tribal federal litigation over the protection of one civil liberty has a domino effect on other liberties. Panelists also highlighted the importance of diversity in the judiciary, including the recent confirmation of Justice Ketanji Brown Jackson. 

Panel 1: Professor Matthew Fletcher, Michigan Law; Michaela Calhoun '24; Siddhartha Rathod, Esq., Rathod | Mohamedbhai LLC; Tona Boyd, Esq., Legal Defense Fund

The second panel, “The Gutting of the Voting Rights Act and Its Impact on Judicial Legitimacy,” explored how the Supreme Court has eroded voting rights. The panelists discussed how many states, in response, are protecting the right to vote by enacting their own voting rights acts to protect voters. 

Panel 2: Professor Moon Duchin, Tufts University; Debo Adegbile, Esq., WilmerHale. (Not pictured: Professor Ruth Greenwood, Harvard Law School; Professor Doug Spencer, Colorado Law)

The third panel, “The Battle Over Abortion at the State Level,” explored the chaos of state abortion law in a post-Roe world. Panelists discussed the impact of this legal uncertainty on abortion providers, patients, and states themselves. Added to the mix were Colorado’s own laws protecting abortion access, three of which were signed into law earlier that day.

Panel 3: Danielle Edwards '23; Kiki Council, Esq., The Lawyering Project; Dean Rachel Rebouché, Temple Law School; Professor Martha Davis, Northeastern University School of Law

Panelists and attendees connected with each other at the post-conference reception, reflecting on the issues raised. Casey Nelson, a second-year student and executive editor of the , noted, “This year's Rothgerber Conference had such an excellent lineup. Hearing the professors and practitioners speak on what they're most passionate about was inspiring. It was especially interesting to hear their perspectives on current legal news, sometimes right as it was breaking.”

Jenn Chalifoux-Gene, a second-year student and co-president of the Colorado Law chapter of If/When/How, also shared her thoughts.

“This year’s Rothgerber Conference was energizing for me! It’s been tempting to fall into despair about the Supreme Court, especially after Dobbs,” she said. “The Conference helped me feel more hopeful about our ability to protect rights in the states.”

Many of the participants will be publishing their remarks and articles in a special symposium issue in the University of Colorado Law Review.

A full recording of the conference is available on .

Biographies of all panel participants can be found here in the event's program.

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Scholars, lawyers, community leaders, students and activists from across the country gathered on April 8, 2022 for the University of Colorado Law School’s 30^th Annual Ira C. Rothgerber Jr. Conference: Looking Back to Move Forward: Exploring the Legacy of U.S. Slavery. This year’s conference built upon Colorado Law Dean ’s book, “The Princeton Fugitive Slave: The Trials of James Collins Johnson.” Speakers throughout the conference examined the realities and repercussions of slavery and the impacts that echo through our society today.

The conference also highlighted the impact of the legacy of slavery on people’s day-to-day experiences. On April 7th, Motus Theater presented . The JustUs program included monologues by formerly incarcerated persons, with musical reactions to their monologues performed by Spirit of Grace and a poetry reading by Dominique Christina, an acclaimed writer, performer and social activist.  The monologists from Motus Theater - Dereck Bell (pictured in photograph by Noah Katz on the right), Juaquin Mobley, and Colette Payne - told their personal stories leading up to their incarceration and their experiences while incarcerated.  Professor Malveaux joined Dereck Bell in the telling of his story, an experience which she described as a gift. The JustUs performances provided a powerful framework and grounding for the panels the following day.

The conference opened with a discussion of The Princeton Fugitive Slave between Dean Inniss and Dr. Hilary Green, an Associate Professor of History in the Department of Gender and Race Studies at the University of Alabama. Dean Inniss described the research process and the difficulties she faced in bringing justice to James Collins’ story.

“These archives were not set up to record these lives,” responded Green, highlighting an important theme of the conference.

The book chat was followed by a roundtable discussion, “The 1921 Tulsa Race Massacre: The Quest for Accountability.” The roundtable reunited members of the original team who brought constitutional claims over two decades ago to recount the history of the 1921 Tulsa Race Massacre and discuss past and future efforts to bring this history to light, to make victims whole, and to hold the government accountable. 

Moderator: Professor Suzette Malveaux (Colorado Law), Professor Emerita Adjoa Aiyetoro (William H. Bowen School of Law), Professor Eric Miller (Loyola Law School), Reverend Robert Turner (former pastor of Historic AME Church in Tulsa)

Three panels organized by the Byron White Center elaborated on these themes.

The first panel, titled “Institutional Complicity in American Slavery: The Role of the Judiciary and Higher Education,” explored the role the judiciary and higher educational institutions played in upholding and perpetuating slavery and its legacy, and investigated the forgotten histories of those whose stories were never told.

Moderator: Erin Vanek (Colorado Law '22), Professor Brian Mitchell (University of Arkansas at Little Rock), Professor Christopher Mathis (University of Iowa College of Law - visiting), Professor Michael Higginbotham (University of Baltimore Law School)

The second panel, “Vestiges of Slavery in the Criminal Justice System,” explored the impact of slavery in the modern criminal justice system, including the role that slave law played in shaping criminal law, systemic racism, disparate policing, and collateral consequences of incarceration.

Professor Jack Chin (UC Davis School of Law), Robert Saleem Holbrook (Executive Director of the Abolition Law Center, Penn Law), Professor Sunita Patel (UCLA School of Law), Professor Monica Bell (Yale Law)

The third panel, “Bringing It Home: How Slavery Impacts Property and Land Ownership in Colorado Today,” explored how the history of slavery impacts modern day property laws and land ownership opportunities in Denver through housing discrimination, zoning, districting, and affordable housing.

Professor Tom Romero (University of Denver Sturm College of Law), Moderator: Sam McCarthy (Colorado Law '23), Rita R. Lewis (former Executive Director- Denver Metro Fair Housing Center), Councilwoman Candi CdeBaca (Denver District 9)

Closing remarks were provided by Professor Reiland Rabaka, a Professor of African, African American, and Caribbean Studies in the University of Colorado and the Department of Ethnic Studies and the Founding Director of the Center for African & African American Studies. Rabaka emphasized the importance of having discussions like the ones held at the conference, adding, “This is what decolonization looks like.”

After the conclusion of the conference, panelists, staff, attendees, and student fellows celebrated in true �鶹ӰԺ fashion—enjoying a wonderful dinner together and a group hike at Chautauqua Park.

A full recording of the conference is available on .

Selected remarks and articles from the conference will be published in the upcoming Rothgerber Symposium issue of the University of Colorado Law Review’s 94th Volume, to be published in January 2023.

Biographies of all panel participants can be found here in the event's .

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The �鶹ӰԺ’s will host the 23rd annual Ira C. Rothgerber Jr. Conference, which is open to the public, Oct. 15 and 16.

This year’s conference, “Presidential Interpretation of the Constitution,” will celebrate the career of Professor Hal Bruff, who served as Colorado Law’s dean from 1996 until 2003. Conversations will focus on the questions raised in Bruff’s most recent book, Untrodden Ground: How Presidents Interpret the Constitution, in which he explores how all 44 presidents have responded to pressing matters by setting new legal precedents, which often developed into standard practices.

“The conference will offer an opportunity for educated conversation about a topic of intense public debate – what is the scope of presidential authority for interpreting the Constitution and how do and should presidents exercise that authority,” said Melissa Hart, director of the White Center. “It also offers an opportunity to acknowledge the remarkable contributions that Hal Bruff has made to constitutional scholarship over the course of his career.”

Kicking off the conference will be a keynote address by Bruff at 5:15 p.m. on Thursday, Oct. 15, in the Wittemyer Courtroom at the Wolf Law Building. Scholars from across the nation will continue the conversations in panel discussions from 8:45 a.m. to 2:15 p.m. Friday, Oct. 16, in room 301 of Wolf Law.

The conference has been approved for five Continuing Legal Education (CLE) credits.

Reservations for all attendees are required and can be made at . Registration fees, which are taken at the door in cash or check, are free for law students; $15 for the Oct. 15 keynote and reception; $50 for the Oct. 16 panel discussions and lunch; or $60 for both days.

The Rothgerber Conference brings renowned scholars, attorneys and commentators to �鶹ӰԺ to discuss topical constitutional issues. Last year’s event featured scholars and lawyers discussing the people and strategies that have shaped litigation on the Second Amendment, gay marriage, voting rights, abortion and other controversial constitutional questions.

The conference and the White Center are made possible by generous gifts from Ira C. Rothgerber Jr., who died in 1993.

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