On April 19, the Byron White Center for the Study of American Constitutional Law and the Silicon Flatirons Center for Law, Policy and Entrepreneurship hosted the 32nd Annual Rothgerber Conference on AI and the Constitution. This year’s conference was one of the first of its kind to focus on prevalent issues at the intersection of Artificial Intelligence and the Constitution. Interdisciplinary scholars, scientists, lawyers and students from around the world gathered at the University of Colorado Law School in �鶹ӰԺ to discuss recent AI developments and the impact on the right to privacy, free speech under the First Amendment, and judicial interpretation.

Byron White Center Director and Law Professor, Suzette Malveaux, opened the conference, noting the timely and imperative nature of the topic. Given the power of AI and the recent diminishment of fundamental rights under the Constitution, she emphasized the importance of getting ahead of the curve by bringing together experts to grapple with cutting edge issues at the intersection of tech and constitutional law.

The conference started off strong with Professor of Law and Silicon Flatrions Artificial Intelligence Initiative Director, Harry Surden, delivering the keynote address on the development and more recent explosion of generative Artificial Intelligence. Professor Surden shared recent updates and key limitations of generative AI, while also demonstrating how Chat GPT4 can empower and be used responsibly in the law. Following the keynote, Colorado Law Review Executive Editor, Natalie Tiggleman, introduced the AI and Privacy Panel, moderated by Professor Malveaux.  Law Professors Paul Ohm (Georgetown), Christine Goodman (Pepperdine Caruso), Spencer Overton (George Washington), and Scott Skinner-Thompson (University of Colorado) held a lively and interactive discussion about the various ways privacy interests are implicated, in areas such as hiring practices, voting access, and data security.  

Professor Surden moderated the second panel discussion, which explored how AI can be used in judicial interpretation of the Constitution and other legal documents. Panelists, Dr. Megan Ma (Stanford) and Law Professors Andrew Coan (Arizona), Vivek Krishnamurthy (University of Colorado), and Yonathan Arbel (Alabama), shared how AI has immense potential to challenge interpretive approaches to constitutional law, while still being approachable and beneficial for practical uses, such as increasing attorney productivity which benefits clients. The final panel focused on AI speech and the First Amendment. Professor Blake Reid, Director of the Telecom and Platforms Initiative at Silicon Flatirons, moderated this fascinating discussion with Dr. Newton Campbell (AROSE), Law Professor Helen Norton (University of Colorado), Law Professor April Dawson (NC Central), and Business Professor Eric Alston (University of Colorado). This panel considered the thorny question of whether AI speech—potentially equal to or superior to human speech—is protected under the First Amendment.

Devin Schultze ‘25, Editor in Chief of the Colorado Law Review, expressed her excitement about the conference: “It was really amazing to witness conversations between lawyers and non-lawyers regarding their thoughts on AI and how it impacts individual rights. That was such a cool component to have two separate disciplines come together and hear the discourse that AI and the Constitution creates.”

Many of the remarkable speakers featured at the Rothgerber Conference on AI and the Constitution will be publishing their scholarship in an upcoming special Symposium issue of the Colorado Law Review. Watch the full conference , and view more photos in our

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, the CEO of and former dean of the , will join the Colorado Law community on Sept. 28, 2023 to deliver the 65th annual John R. Coen Lecture. The lecture, co-sponsored by Equal Justice Works, is titled, “Let’s Talk �鶹ӰԺ Race”.

RSVP to attend, either remotely or in-person, here: https://cu.law/RegisterCoenLecture. 

In this talk, Williams will examine current attacks on and efforts to limit diversity, equity, and inclusion programs given the U.S. Supreme Court’s recent decision on SFFA v. Harvard and SFFA v. UNC. While some State Attorney Generals and politicians would suggest this decision curtails diversity, equity, and inclusion (DEI) programs at law firms and companies, Williams suggests that DEI programs continue to be necessary and within the law as we ensure the legal profession represents all people.

Williams has an extensive background of experience teaching and practicing law, as well as researching civil and women’s rights. She previously served as the dean of the University of Cincinnati College of Law, where she was a professor prior to becoming dean, and taught courses on family law, gender discrimination, and constitutional law. Additionally, she founded and co-directed the Judge Nathaniel Jones Center for Race, Gender, and Social Justice at the University of Cincinnati. While at the University of Cincinnati, Williams was twice awarded the Goldman Prize for Excellence in Teaching, both in 2004 and 2011. This award is unique because students nominate and choose the recipients—their professors.

Before her work at the University of Cincinnati, Williams served as vice president and director of educational opportunities at the National Women’s Law Center, where she focused on gender equity in education. In that capacity, Williams was lead counsel and successfully argued before the United States Supreme Court Davis v. Monroe County Board of Education, which established that the federal Title IX law requires educational institutions to address known complaints of student-to-student sexual harassment.

Williams clerked for the Honorable David S. Nelson, U.S. District Judge for the District of Massachusetts. After the clerkship, she practiced law at Sidley Austin LLP and the U.S. Department of Justice. She also has a background in research, authoring and co-authoring many articles and essays on examining the intersection of race, gender, and class in law and policy. Williams has presented papers at the Latina/o Critical Race Theory Conference and meetings of the Association of Law, Culture, and the Humanities. She also served as a consultant for the Ford Foundation, where she chaired the convening of a national conference at UC entitled Women Coming Together: Claiming the Law for Social Change. WIlliams is a cum laude graduate of Harvard Law School and Georgetown University.

The Coen lectureship was established in 1955 in memory of John Coen, a distinguished member of the Colorado bar and an able public speaker. The lectureship seeks to bring a prominent and distinguished lawyer, jurist, or scholar of law to deliver an annual lecture to Colorado Law’s students, faculty, and alumni on a legal subject of interest and benefit to the profession, preferably with some public or political aspect.

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On Oct. 22, 2019, U.S. Supreme Court Associate Justice Elena Kagan spoke to a sold-out crowd of over 2,000 people at CU �鶹ӰԺ’s Macky Auditorium—with hundreds more watching via livestream nationwide and internationally.

Appointed by President Obama in 2010 to the nation’s highest court, Kagan spoke on a range of topics including her experience as a law student, diversity on the Supreme Court, the Court’s independence, and her relationships with colleagues on the bench.

[video:https://youtu.be/a_JQw_ZO4KI]

Provost Professor of Civil Rights Law Suzette Malveaux moderated the fireside-chat style event hosted by the University of Colorado Law School’s Byron R. White Center for the Study of American Constitutional Law, which Malveaux directs. Kagan also answered questions submitted by Colorado Law students.

"We are extremely grateful to Justice Kagan for sharing her humor, wisdom, and inspiration with the Colorado Law and greater community," Malveaux said.

Colorado Law alumni and friends tuned in from near and far, including at a watch party for Houston-area alumni hosted by Bill Buck ('83).

Reflecting on the legacy of Justice John Paul Stevens, Kagan’s predecessor on the bench and the event’s namesake, Kagan shared: "He is, and long has been, a hero of mine. He was a man of extraordinary brilliance, but even more of extraordinary wisdom, which is not the same thing."

Of her experience as a law student, Kagan said she enjoyed the analytical rigor that law school demanded, coupled with the feeling that the law was a way to make a difference in the world: "It was very obvious to me in my law school classes how it was that the law was about the betterment of our society and the advancement of human welfare."

Her advice to law students: Use law school as an opportunity to try to find what really moves you and the kinds of things you really care about.

And don’t be so worried about planning. “Most of the best things that happen in people’s legal careers are luck and serendipity," she said. "The best legal careers are guided by a sense of, 'Is this more fun than what I’m doing now? I guess I’ll go do that now.'"

Even with all of her successes, Kagan said she has experienced disappointments along the way as well. "For every job I got, there were two I didn't get," she said, reflecting on her nomination by President Clinton to the U.S. Court of Appeals for the District of Columbia in 1999, which never materialized.

"You can’t let disappointments get you down too much," she said. "It may be the best thing that ever happened to you that you didn’t get a job."

Kagan described the relationships between her colleagues on the Court as quite collegial. The justices frequently eat lunch together, a practice established by Justice O’Connor, she said. The only rules: you can’t talk about cases, and you can’t talk about politics.

"You can have very good friendships with people you disagree with," Kagan shared. She quoted the late Justice Antonin Scalia: "If you take this personally, you’re in the wrong business."

In response to Malveaux’s question about the lack of diversity on the Court, Kagan responded that she is a "big believer" in diversity in the judiciary, but diversity alone does not necessarily lead to a different set of views. "You could have nine women who all have views like me, or you could have nine women, none of whom have views like me," she said.

However, she recalled a time when having diversity on the bench really made a difference. In 2009, the Court heard a case dealing with a 13-year-old girl who was strip-searched at a junior high school because she was thought to have marijuana. At the time, Justice Ruth Bader Ginsburg was the only woman on the Court.

"You could see Justice Ginsburg, in the questions that she asked, you could see that she had a picture in her head of what this was like and what it would feel like if you were that 13-year-old girl," Kagan said. "But [Ginsburg] was the really the only one."

The male justices on the Court were criticized for failing to fully appreciate what the student had endured.

In the end, Justice Ginsburg’s view that the search violated the Constitution prevailed. "She was able to convince people that this was a serious matter," Kagan said.

She advised the Court to "think hard when it’s doing its work about trying as hard as it can not to look politicized and polarized and deeply divided. We live in this polarized time, and the last thing that the Court should do is to look as polarized as every other institution in America."

Malveaux asked Kagan about how she goes about determining when it is more important to dissent than to build consensus. As an example, Malveaux referenced , a recent landmark redistricting case focused on whether federal courts could resolve partisan gerrymandering disputes. In a contentious 5-4 decision written by Chief Justice Roberts, the majority concluded that it was not for courts to decide. Here, Kagan wrote a strong dissent, concluding: “Of all times to abandon the Court’s duty to declare the law, this was not the one. . . .  With respect, but deep sadness, I dissent.” 

On this particular case, there just wasn’t a lot of room for compromise, Kagan said. "Some issues are like that. Others are definitely not," she said, stressing the importance of reaching across perceived divisions and finding common ground when possible: "I like to think that it’s something I do quite a lot. But sometimes you can’t."

"I think I wrote a strong dissent . . . that I hope was not so much angry as deeply saddened, because if the Court is not going to protect the basic structures of our democracy, then it’s hard to know what the Court’s role is. I think the majority failed to do that, and I said so," she said.

Kagan concluded by reflecting on questions submitted by Colorado Law students Leah Fugere ('20), José Ramón García Madrid ('22), Peter Selimos ('22), Conor May ('21), Chelsea Lauwereins ('20), and Javon Quarles ('21) on topics including perceived subtext in judicial opinions, the impact of technology and social media on the Court’s operation, and Kagan’s experience clerking for Justice Thurgood Marshall, whom she described as "the greatest lawyer of the 20th century."

During her visit to �鶹ӰԺ, Kagan also visited Associate Professor Sharon Jacobs’ Legislation and Regulation class, where she participated in a lesson on statutory interpretation and answered questions from students.

In its eighth year, the Stevens Lecture brings a distinguished jurist to Colorado Law annually. Previous U.S. Supreme Court justices have included John Paul Stevens, Ruth Bader Ginsburg, Sandra Day O’Connor, and Antonin Scalia.

"We are deeply grateful to Colorado Supreme Court Justice Melissa Hart for her leadership as the former director of the White Center and for her facilitating Justice Kagan’s visit,” Malveaux said. "Justice Hart’s signature program continues to inspire and educate our community at large."

The lecture will be broadcast on and is also available on .

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Indigenous peoples’ representatives and government authorities from around the world, as well as U.N. officials, will convene at the University of Colorado Law School Sept. 13 and 14, 2017, for an event commemorating the tenth anniversary of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. The event is free and open to the public, but advance registration is required.

“It is an honor and a privilege that Colorado Law was selected by the U.N. to partner with it on this event commemorating, celebrating, and evaluating the adoption of the Declaration,” said Colorado Law Dean S. James Anaya, who participated in the drafting of the United Nations Declaration on the Rights of Indigenous Peoples (“Declaration”) and then served as U.N. Special Rapporteur on the Rights of Indigenous Peoples.

The purpose of the event, co-hosted by Colorado Law, through its American Indian Law Program, and the Secretariat of the U.N. Permanent Forum on Indigenous Issues, is to look back at the advocacy that resulted in the passage of the Declaration, discuss its the present-day usage, and look forward to implementation and the future.

Notable activities include:

• a fireside chat between Anaya and Victoria Tauli-Corpuz, current U.N. Special Rapporteur on the Rights of Indigenous Peoples,
• presentations by indigenous advocates and high-level government officials who led the negotiations resulting in the Declaration
• a keynote talk by Native American rights attorney and author Walter Echo-Hawk,
• a cultural celebration, and
• interactive workshops that draw on the joint experiences of indigenous peoples from all over the world.

The Declaration was drafted and formally debated for more than 20 years prior to being adopted by the U.N. General Assembly on September 13, 2007.  It emphasizes the rights of indigenous peoples to live in dignity; to maintain and strengthen their own institutions, cultures and traditions; and to pursue their self-determined development.

“The document recognizes that historically, and even today, indigenous peoples have been denied human rights, and it puts in place a number of imperatives to remedy that situation and to encourage governments and others in power to address the human rights concerns of indigenous peoples,” Anaya said. “It’s an extremely important, historic document and an achievement by indigenous peoples and their advocates.”

Still, there is work to be done, said Chandra Roy-Henriksen, chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, Division for Social Policy and Development, U.N. Department of Economic and Social Affairs.

“There has been significant progress since the Declaration was adopted 10 years ago. Some countries have taken concrete measures to recognize the rights and identities of indigenous peoples, and the pluricultural composition of their populations. Yet, progress is uneven, among and between countries and regions. Indigenous peoples continue to face exclusion, marginalization, dispossession and displacement from their lands and territories. We all need to work together—indigenous peoples, member states, the private sector, civil society, academia, and the U.N. system—to find solutions to fully realize the rights of indigenous peoples.”

The Native American Rights Fund (NARF), an event sponsor, has represented the National Congress of American Indians on international indigenous issues since 1999.

“It is important to the Native American Rights Fund to be supporting this celebration because we have been representing the National Congress of American Indians on these international indigenous issues since 1999 and together we played a major role in securing U.S. support for the Declaration in 2010,” John Echohawk, executive director of NARF, said. “We also highly value the working relationship we have had with James Anaya on these issues over the years and with our current partnership with Colorado Law on these issues.”

Registration and a working agenda for the event are available at .

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The seven-part series will kick off Tuesday, Sept. 12, with a lecture on food law and labeling by Professor Alexia Brunet Marks. Each week, a Colorado Law professor will present on a hot topic from a different area of the law. These include:

• American Indian law and public land law - “How national monuments are designated and whether they can be undesignated”
• Immigration law and executive orders – “What power does an executive order have and how can it be reviewed”
• Supreme Court and litigation – “How a case gets to the Supreme Court and how new justices are appointed”

“The purpose of Mini Law School is to give people a bite-size look at what law school is and a look at some exciting issues in the law today,” said Marci Fulton, assistant dean for outreach, engagement and alumni relations. “It is a lifelong learning opportunity for people throughout our community and across the nation.”

In addition to attending the lectures in person in �鶹ӰԺ or watching the live televised lectures from CU South Denver in Lone Tree, participants now have the option of watching the live televised lecture from their own computer at the location of their choosing. People who are unable to participate on Tuesday evenings can register for the recorded viewing option, which allows them to watch the session on their own timeline.

Modeled after the popular Mini Med School at the CU Anschutz Medical Campus, Colorado Law’s Mini Law School is designed to educate non-lawyers about the law and help people understand the basics of the legal system.

“It’s interesting for folks who read the news and want to know a little bit about how things happen. It’s interesting for folks who might be considering going to law school. And it might be interesting for folks who know lawyers—and that’s all of us—who might want to have better access to what those lawyers are often talking about,” said Fred Bloom, professor and associate dean for research.

Key details 

When: 6 to 7:30 p.m. Tuesdays, Sept. 12 to Oct. 24

Where: Wittemyer Courtroom at the Wolf Law Building on the �鶹ӰԺ campus. Participants can register for the live lecture in �鶹ӰԺ or the live televised lecture at CU South Denver in Lone Tree. For those for whom neither �鶹ӰԺ nor Parker is convenient, Livestream and recorded viewing options are available.

Cost: Registration is $100 for the entire series.

To register: Registrations are accepted on first-come basis. For more information about the program, please email mini-law@colorado.edu, call 303-492-7015, or visit . To register for the program, visit .

Listen to the  about Mini Law School.

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The University of Colorado Law School and the Byron R. White Center for the Study of American Constitutional Law will host the 25^th Annual Ira C. Rothgerber Conference, which is free and open to the public, April 14.

This year’s conference, “Truth, Lies, and the Constitution,” will explore a broad range of issues related to law and lies. Panel discussions will focus on topics including, “Lies, Law, and Public Policy,” “Deception, Hypocrisy, and the Constitution,” and “The Diversity of Lies (and Other Forms of Deception): Legal Theory and Doctrine.”

“We lie frequently and for a wide variety of reasons. Some of our lies are devastating in their hurtfulness, while others may feel benign or even helpful. This conference will explore, among other topics, the ways in which the Constitution sometimes protects lies—and sometimes permits government to regulate them. It will also examine whether and when the Constitution prohibits our government from lying to us,” said Helen Norton, professor and Ira C. Rothgerber, Jr. Chair in Constitutional Law.

Dean S. James Anaya will kick off the conference with a welcome and introduction on Friday, April 14, in room 207 of the Wolf Law Building. Scholars from across the nation will continue the conversations in panel discussions from 9:00 a.m. to 3:00 p.m. Lunch will be provided for attendees.

Reservations for all attendees are required and can be made at . Registration is free of charge for all attendees. The event has been approved for five Continuing Legal Education (CLE) credits.

Last year’s Rothgerber conferences brought together scholars and lawyers to celebrate the careers of Colorado Law Professors Harold Bruff and Robert Nagel (both recently retired) and recognized their contributions to constitutional scholarship.

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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Here is the video of the Feb. 13 event:

[video:https://www.youtube.com/watch?v=HHK3DES0nuE]

This is a chance for CU �鶹ӰԺ students, staff, faculty, alumni, and members of the public to hear about and discuss the legal context and implications of the developments. Faculty will answer questions, but will not provide legal advice.

 details:

• 4 to 6 p.m.
• Monday, Feb. 13, 2017
• Room 204, Wolf Law Building
• Watch live: 

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In recognition of his final year serving on the , the University of Colorado Law School hosted Chief Wilton Littlechild, who delivered a public lecture on Tuesday, March 7, 5:30-6:30 p.m., in Wittemyer Courtroom. Chief Littlechild is an honorary chief of the Maskwacis Cree First Nation, a former senator in the Canadian Parliament, and a decorated advocate for the advancement of indigenous peoples’ rights around the world.

In addressing the Colorado community, Chief Littlechild drew upon his three decades of service with the United Nations, sharing his experience as an indigenous chief and lawyer who has worked both nationally and internationally to advance indigenous peoples’ rights. With a special focus on indigenous entrepreneurship, he also spoke on the importance of fostering indigenous access to business and financial services in our increasingly global economy.

Chief Littlechild’s presentation closed the two-day Expert Seminar on Opportunities and Challenges for Indigenous Peoples’ Entrepreneurship, which took place at the University of Colorado Law School on March 6 and 7. The seminar convened experts from around the world to inform the U.N. Expert Mechanism on the Rights of Indigenous Peoples on global issues developments in indigenous entrepreneurship, business, and access to financial institutions. The Expert Mechanism will then draft a report for the U.N. Human Rights Council based on their findings. All five of the members of Expert Mechanism, staff from the UN Office of the High Commissioner for Human Rights, and experts on indigenous entrepreneurship were in attendance.

“We are honored and thrilled to host this esteemed group of world leaders and scholars at Colorado Law,” said Dean S. James Anaya. “We embrace the opportunity to take part in these important conversations surrounding the rights of indigenous peoples, and we look forward to continuing to be part of the global discussion.”

Read Chief Littlechild’s here.

If you have questions, please contact Alexandra Bray Kinsella at the University of Colorado Law School, alexandra.kinsella@colorado.edu.

Photo Credit:

[video:https://youtu.be/kWqxfhvF_f4]

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Dean S. James Anaya and the University of Colorado Law School are pleased to announce the launch of a new lecture series in 2017. Colorado Law Talks features our faculty and other members of the Colorado Law community. It provides an opportunity to hear about the lecturers' current scholarship, and to discuss the questions and ideas that motivate, influence, and shape their work. The work of Colorado Law’s professors includes an extraordinary array of diverse projects—not just intriguing scholarship, but innovative teaching methods, and valuable contributions to communities beyond the law school. Colorado Law Talks will allow us to share some of these projects with you, providing an important opportunity for Colorado Law and the legal community to engage with ideas, and with one another.

The —“The Law of the River"—will be delivered by Professor  on Wed., Feb. 8. Professor Krakoff will discuss the many legal and policy issues, including tribal consultation, endangered species, uranium mining, and of course the Colorado River compact, that affect the Colorado River and its surroundings. Professor Krakoff’s lecture will be followed by a reception and an opportunity to mix and mingle with members of our Colorado Law community.

When: Wed., Feb. 8, 5:30 p.m.

Location: Davis Graham & Stubbs LLP, 1550 17^th Street, Suite 500, Denver.

Registration Information: The event is free for all Colorado Law students and 2012-2016 Colorado Law graduates, $10 for all other alumni, and $20 for other guests. The evening’s proceeds will benefit Professor Krakoff’s Advanced Natural Resource Seminar (The Law of the River), which will address all of these issues and more, and will culminate in a two-week raft trip through the Grand Canyon.

CLE credit has been requested. Pre-registration is requested and space is limited, so please sign up today.

Dean Anaya and Colorado Law thank for its generous support of the inaugural Colorado Law Talk.

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