Breadcrumb
The Ira C. Rothgerber Jr. Conference on Constitutional Law is an annual Byron R. White Center event that brings scholars, lawyers, and leaders from across the nation to the University of Colorado Law School to discuss current Constitutional law issue. Topics have included the future of national injunctions, listeners鈥 First Amendment rights and litigation strategies that promote Constitutional change.
2024听Rothgerber Conference
AI and the Constitution
The 32nd听Annual Ira C. Rothgerber Jr. Conference is on Friday, April 19, 2024听from 9 a.m. to 4:30听p.m. MT
and the Byron White Center are proud to have partnered听together on a conference on ,听held on April 19, 2024. The conference merged听the 厂颈濒颈肠辞苍听贵濒补迟颈谤辞苍蝉 annual Artificial Intelligence Conference with the White Center鈥檚 annual Ira C. Rothgerber Jr. Conference on Constitutional Law. This joint conference examined emerging Constitutional issues implicated by the rapid advances in artificial intelligence.
View the , read including coverage of the program, and watch the full .听
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SESSIONS
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CHECK IN AND BREAKFAST -听8:30am - 9:00am
@ Wolf Law Building: Foyer and Boettcher Hall
Attendees are welcome to check-in and enjoy a continental breakfast buffet before the day鈥檚 programming gets underway.
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WELCOME AND INTRODUCTION -听9:00am - 9:15am
@ Wolf Law Building, Wittemyer Courtroom
Moses Lasky Professor of Law, University of Colorado Law School
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KEYNOTE -听9:15am - 10:00am
Professor of Law, University of Colorado Law School
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BREAK - 10:00am - 10:15am
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AI AND PRIVACY - 10:15am - 11:45am
- 听鈥 Moderator
Moses Lasky Professor of Law, University of Colorado Law School
Professor of Law, Pepperdine Caruso School of Law
Professor of Law; Chief Data Officer, Georgetown University Law Center
Patricia Roberts Harris Research Professor, George Washington University Law School
Associate Professor, Colorado Law School
This panel explored听the challenges of protecting the right to privacy in the context of the explosion of AI.听The discussion ranged from how privacy can and should be protected from a wide angle lens to more granular assessments. More specifically, the panelists considered: the challenge of defining and protecting 鈥渟ensitive鈥 information; the need for data privacy protections tailored to marginalized groups to guard against exploitation, oversurveillance and political deception; the dangers of law enforcement鈥檚 use of facial recognition technology; and the efficacy of groundbreaking local laws that require impact assessments for algorithms used in hiring decisions.
LUNCH - 11:45am - 1:00pm
@ Wolf Law, Schaden Commons
A catered lunch will be provided onsite.
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AI AND THE INTERPRETATION OF THE US CONSTITUTION AND OTHER LEGAL DOCUMENTS - 1:00pm - 2:15pm
- 听鈥 Moderator
Professor of Law, University of Colorado Law School
Silver Associate Professor of Law, University of Alabama Law
Milton O. Riepe Chair in Constitutional Law, University of Arizona
Associate Professor, University of Colorado Law School
Associate Director, Stanford Program for Law, Science, and Technology, and CodeX, Stanford Law School
The applications of artificial intelligence (AI) in the legal field are becoming increasingly apparent. One area of particular interest is the use of AI in interpreting legal documents, such as contracts and the U.S. Constitution. Proponents argue that AI could provide more objective and consistent interpretations, with reduced biases or inaccuracy. Others suggest that this could result in a more uniform application of law, provide clarity in complex legal landscapes, or uncover novel or more consistent patterns of legal thought.
However, critics caution that the notion of AI-driven objectivity in legal interpretation may be illusory. They argue that the underlying policy preferences and value judgments that underlie human interpretation of law cannot be eliminated, nor should they be, even with the use of advanced technology. They also highlight the central role of discretion and human judgment in matters of law. Moreover, they raise concerns about the transparency and accountability of AI systems in such crucial decision-making processes. Critics observe that many of similar questions have already been addressed in earlier debates about familiar interpretive philosophies, such as textualism, originalism, and pragmatism.
This panel explored the possibilities and limitations of using AI in interpreting the U.S. Constitution and other legal documents. Panelists examined the potential benefits, such as increased efficiency and consistency, as well as the challenges. The discussion explored questions surrounding the nature of legal interpretation and the role of human judgment in the process.
BREAK - 2:15pm - 2:35pm
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AI SPEECH AND THE FIRST AMENDMENT -听2:35pm - 4:00pm
- 听鈥 Moderator
Associate Professor of Law, University of Colorado Law School
Director, Space Programs, Australian Remote Operations for Space and Earth (AROSE)
Associate Dean of Technology and Innovation and Professor of Law, North Carolina Central University School of Law
University Distinguished Professor and Rothgerber Chair in Constitutional Law, University of Colorado Law School
The First Amendment has long protected the speech rights of human (and corporate) speakers and listeners in the United States. However, the rapid advancements in artificial intelligence since 2022 have led to a new era in which AI-generated speech can match or even surpass human-generated content in terms of sophistication and substance. This development has raised complex questions about the intersection of AI speech, such as, how does the First Amendment apply to speech generated by machines, if at all?
This panel explored the various implications of AI-generated speech on First Amendment jurisprudence. Panelists examined听whether the right to free speech extends to the creation and dissemination of AI-generated content, and if so, to what extent. The discussion also explored the potential differences between AI and human speech, and whether these differences warrant distinct legal considerations.
Another key question the panel addressed is whether individuals have a First Amendment right to access AI-generated speech in the same way they do with human-generated content. This raises concerns about potential censorship and the role of government regulation in the realm of AI speech. Additionally, the panel considered the challenges posed by AI-generated speech that is defamatory, misleading, or inaccurate. Panelists explored whether such speech should be treated differently than similar content produced by human speakers, and if so, what legal frameworks could be applied to address these issues.
CLOSING REMARKS - 4:00pm - 4:05pm
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RECEPTION - 4:05pm - 4:45pm
@ Wolf Law Building, Foyer and Boettcher Hall
After the conference concluded, attendees and speakers were invited to Boettcher Hall for appetizers, refreshments, and conversation.
Past conferences
The 31st Annual Ira C. Rothgerber Conference,听State of Resistance: The Role of States in the Midst of Federal Court Crisis, took place on Friday, April 14, 2023.
The听conference grappled with the role of the states in responding to the U.S. Supreme Court鈥檚 modern jurisprudence. With the disruption of long-standing rights, controversial rulings and procedures, and an increase in skepticism about the Court鈥檚 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.听
To read more about the conference, click here.听
Schedule of Events:听
9:00 a.m. |听Opening Remarks
9:10 a.m. | Keynote: "Democratic Federalism and the Supreme Court"
- Professor Carolyn Shapiro
10:00 a.m. |听Panel 1: "State Responsibility in the Face of Civil Rights Regression"
- Professor Matthew Fletcher - Michigan Law
- Siddhartha Rathod, Esq. - Rathod | Mohamedbhai LLC听
- Tona Boyd, Esq. - Legal Defense Fund
11:30 a.m. | Lunch Break (Food provided by Colorado Law)
12:30 p.m. | Panel 2: "The Gutting of the Voting Rights Act and Its Impact on Judicial Legitimacy"
- Debo Adegbile, Esq. - WilmerHale
- Professor Ruth Greenwood - Harvard Law School
- Professor Moon Duchin - Tufts University
2:10 p.m. | Panel 3: "The Battle Over Abortion at the State Level'
- Dean Rachel Rebouche - Temple Law School
- Kiki Council, Esq. - The Lawyering Project
- Professor Martha Davis - Northeastern University School of Law
3:40 p.m. | Closing Remarks
4:00 p.m. |听Networking Reception with Speakers (in person attendees only)
Five general CLE credits approved for Colorado attorneys.
Watch听the video recording of the 31st听Annual Rothgerber Conference.
The 30th Annual Ira C. Rothgerber Conference:听Looking Back to Move Forward: Exploring the Legacy of U.S. Slavery, took place virtually on Friday, April 8, 2022, with a special, pre-conference听performance of听's .
Our community of nationally renowned scholars, lawyers, and leaders gathered for bold, important discussions centered around the themes introduced by The Princeton Fugitive Slave: The Trials of James Collins Johnson written by Colorado Law Dean, Professor Lolita Buckner Inniss.听Themes emanating from the book include: institutional complicity and participation in slavery; law and law-like structures that helped to maintain slavery and related forms of servitude; and current impacts and implications of this history.听To read more about the conference, click here.听
Thursday, April 7, 5:30 - 7 p.m.
In collaboration with the听Motus Theater, this years conference听presents JustUs: Stories from the Frontlines of the Criminal Legal System. Motus JustUs monologists Dereck Bell, Juaquin Mobley, and Colette Payne, will read aloud their powerful autobiographical stories artfully depicting their experiences within the criminal legal system.
Motus Theater Monologists
- Dereck Bell, Juaquin Mobley, and Colette Payne
(Proof of vaccination is required to enter the Dairy Arts Center)
Friday, April 8, 9 a.m. - 4:30 p.m. | Conference Panel and Speakers
Conference facilitated by: Suzette Malveaux (Colorado Law, director of the Byron R. White Center)
Book Chat with Dean Lolita Buckner Inniss (Colorado Law) and Professor Hilary Green听(University of Alabama)听
Roundtable:听The 1921 Tulsa Race Massacre; The Quest for Accountability听
- Moderator: Professor Suzette Malveaux听(Colorado Law)
- Professor Eric Miller (Loyola Law School),听Professor Emerita Adjoa Ayietoro (William H. Bowen School of Law), Reverend Robert Turner (former pastor of Historic AME Church in Tulsa),听Damario Solomon-Simmons, Esq. (Solomon Simmons Law)
Panel 1:听Institutional Complicity in U.S. Slavery; the Role of the Judiciary and Higher Education听
- Moderator: Erin Vanek (Colorado Law '22)
- Professor Michael Higginbotham听(University of Baltimore Law School), Professor听Brian Mitchell (University of Arkansas at Little Rock), Professor Christopher Mathis (University of Iowa College of Law - visiting)
Lunch Break (Food provided by Colorado Law)
Panel 2: Vestiges of Slavery in the Criminal Justice System听
- Moderator: Professor Ben Levin (Colorado Law)
- Professor Jack听Chin (UC Davis School of Law),听Professor Sunita Patel (UCLA School of Law),听Professor Monica Bell (Yale Law),听Robert Saleem Holbrook (Executive Director of the Abolition Law Center, Penn Law)
Panel 3: Bringing It Home: How Slavery Impacts Property and Land Ownership in Colorado Today听
- Moderator: Sam McCarthy (Colorado Law '23)
- Professor Tom Romero (University of Denver Sturm College of Law),听Councilwoman Candi CdeBaca (Denver District 9),听听Rita R. Lewis (former Executive Director- Denver Metro Fair Housing Center)
Eight general CLE credits are approved for Colorado attorneys.
The 29th Annual Ira C. Rothgerber Conference:听Pursuing Citizenship, took place virtually on Friday, April 9, 2021, with a special, pre-conference听performance of听's .
This year's conference听built听upon Colorado Law Professor听Ming Hsu Chen's new book,听Pursuing Citizenship in the Enforcement Era, in which she argues that the citizen/alien binary should instead be reframed as a spectrum of citizenship, a concept that emphasizes continuities between the otherwise distinct experiences of membership and belonging for immigrants seeking to become citizens. In addition, citizenship consists of economic, social, political, and legal dimensions; the modern era of intense immigration enforcement distorts the balance and produces a sense of citizenship insecurity. This conference charted a broad conception of citizenship, putting the law in its social context, and explored its inextricable relationship to immigration enforcement in the modern era.听To read more about the conference, click here.听
Motus Theater鈥檚 Undocumonologues
Motus Theater听presented UndocuMonologues, which weaves together autobiographical monologues from undocumented writers, interwoven with the music of Elisa Garcia. Story themes include the threat of deportation, the injustice of being sent into exile from the country in which you were raised, border patrol, the current human and civil rights threats to immigrants, and racial profiling.听
Two monologues were听performed by the writers themselves, while the third was听read听aloud听by special听guest, the听Honorable Mimi Tsankov, National Association听of Immigration Judges, who听reflected upon her听experience connecting with that story. The event听concluded with a 20 minute talk-back, where audience members听reflected on their experience and posed questions to those involved.听For more information about Motus Theater and how to get involved, please visit: .
2021 Conference Panels & Panelists
Opening:听Ming Hsu Chen (Colorado Law), author of Pursuing Citizenship in the Enforcement Era听in conversation with Hiroshi Motomura (UCLA School of Law)
Panel 1: Citizenship Theory Beyond Legal Status
- Moderator:听Seema Sohi (Ethnic Studies, 精品SM在线影片)
- Niambi Carter听(Political Science, Howard University),听Elizabeth Cohen (Political Science, Syracuse University),听Allen Colbern (Political Science, Arizona State University),听Amanda Frost (Washington College of Law).听
Lunchtime Panel: Stories of Immigrants
- Moderator:听Violeta Chapin (Clinical Faculty, Colorado Law)
- Salvador Hernandez (Colorado State Director, Mi Familia Vota),听Alan Sanchez (CU Alumni), Shiyan Zhang (CU Alumni).
Panel 2:鈥鼵itizenship, Integration, and Belonging鈥
- Moderator:听David Cook-Martin (Sociology, 精品SM在线影片)
- Tomas Jimenez (Sociology,听Stanford), Cristina Rodriguez (Yale Law School), Stella Burch Elias (University of Iowa College of Law), Shannon Gleeson (Labor Relations, Law & History, Cornell),听X贸chitl Bada (Latin American and Latino Studies,听University of Illinois at Chicago).
Panel 3:鈥齆oncitizens, Exclusion, and Enforcement鈥
- Moderator:听Hunter Knapp (Postdoctoral fellow, University of Colorado Law)
- Adam Goodman (Latin American and Latino Studies, University of Illinois at Chicago), Rebecca Hamlin (Political Science, University of Massachusetts at Amherst), Laura Lunn (Detention Program Managing Attorney, Rocky Mountain Immigrant Advocacy Network), Shoba Sivaprasad Wadhia (Penn State Law).听
Opening, Panel 1 & Lunch Panel听
Panel 2听
Panel 3听
The 28th Annual Ira C. Rothgerber Conference took place on April 3, 2020. This year's conference focused on the topic "Women鈥檚 Enfranchisement: Beyond the 19th Amendment". 2020 marked听the centennial of the 19th Amendment, formally extending suffrage to some, but not all, women, and is a presidential election year with an unprecedented number of female candidates running for national and local offices. But barriers to both political rights and social, lived equality persist, particularly for women at the intersections of race, sex, and class. The 28th Annual Ira C. Rothgerber Conference used the centennial to take stock of how far we鈥檝e come鈥攁nd how far we have to go鈥攊n terms of formal political enfranchisement as well as the social and economic empowerment of women more broadly.
Motus Theater鈥檚 Undocumonologues
Motus Theater听presented UndocuMonologues, which weaves together autobiographical monologues from undocumented writers, interwoven with the music of Elisa Garcia. Story themes include the threat of deportation, the injustice of being sent into exile from the country in which you were raised, border patrol, the current human and civil rights threats to immigrants, and racial profiling.听
Two monologues were听performed by the writers themselves, while the third was听read听aloud听by special听guest, the听Honorable Mimi Tsankov, National Association听of Immigration Judges, who听reflected upon her听experience connecting with that story. The event听concluded with a 20 minute talk-back, where audience members听reflected on their experience and posed questions to those involved.听For more information about Motus Theater and how to get involved, please visit: .
2021 Conference Panels & Panelists
Introductory Remarks by Suzette Malveaux and Keynote Address by听Reva Siegel (Yale Law)听听
Panel 1: 鈥淗istorical Perspectives on the Nineteenth Amendment: Looking Back,听Looking Forward鈥澨
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Prof. Carolyn Ramsey (Colorado Law)听
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Prof. Julie Suk (CUNY, Graduate Center)听
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Prof. Mary Ziegler (Florida State Univ. Law)听听
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Prof. Susan听Schulten听(University of Denver, History)
Panel 2: 鈥淏arriers to Political Representation鈥澨
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Prof.听Dara听Stolovitch听(Princeton,听Gender & Sexuality Studies)听听
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Prof.听Atiba听Ellis (Marquette Law)听听
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Prof.听Bertrall听Ross (Berkeley Law)听
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Prof. Justin Levitt (Loyola Law)听
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Prof. Ming Chen (Colorado Law)听听
Panel 3 鈥淟ived Equality: Beyond Formal Political Rights鈥澨
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Prof. Aya Gruber (Colorado Law)听
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Chinyere听Ezie听(Staff Attorney, Center for Constitutional Rights)听
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Diana Flynn (Litigation Director, Lamda Legal)听
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听Prof. Cary Franklin (Univ. Texas Law)听
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Prof. Scott Skinner-Thompson (Colorado Law)听
Introductory Remarks & Keynote Address听
Panel 1听
Panel 2听
Panel 3听
Introductory Remarks (Colorado Attorney General Phil Weiser and Professor Suzette Malveaux)
Panel I - Court Authority and Policy Considerations
- Professor Alan Trammell, Arkansas Law
- Professor Doug Rendleman, W&L Law School of Law
- Professor Suzette Malveaux, Colorado Law
- Professor Charlton Copeland, Miami Law
Panel II - Lessons from Various Models
- David Hausman, Esq., ACLU
- Professor Zachary D. Clopton, Cornell Law
- Professor Michael T. Morley, FSU Law
Panel III - Other Conceptions of National Injunctions
- Professor Ahmed White, Colorado Law
- Professor Howard Wasserman, FIU College of Law听
- Professor Portia Pedro, BU Law
- Professor Mila Sohoni, San Diego Law
Scholarship
- Listeners' Choices, James Grimmelmann听
- Limiting the Right to Buy Silence: A Hearer-Centered Approach, Burt Neuborne
- Powerful Speakers and Their Listeners, Helen Norton
- When Audiences Object: Free Speech and Campus Speaker Protests, Gregory P. Magarian
- The MacGuffin and the Net: Taking Internet Listeners Seriously, Derek E. Bambauer
- Press Speakers and the First Amendment Rights of Listeners, RonNell Andersen Jones
- Data Subjects鈥 Privacy Rights: Regulation of Personal Data Retention and Erasure, Alexander Tsesis
- Commercial Speech Protection as Consumer Protection, Felix T. Wu
The听25th Annual Rothgerber Constitutional Law Conference听addressed the topic of 鈥淭ruth, Lies, and the Constitution.鈥 Speakers included:
- Professor听Alan Chen, University of Denver Sturm College of Law听
- Professor Carla Fredericks, University of Colorado School of Law听
- Professor David Han, Pepperdine University School of Law听
- Professor B. Jessie Hill, Case Western Reserve University School of Law听
- Professor Gregory Klass, Georgetown Law School听
- Professor Justin Marceau, University of Denver Sturm College of Law听
- Professor Helen Norton, University of Colorado School of Law听
- Professor Catherine Ross, George Washington University School of Law听
- Professor Mark Spottswood, Florida State University College of Law听
- Professor James Weinstein, Sandra Day O鈥機onnor Arizona State University College of Law听
- Professor Christina Wells, University of Missouri School of Law听
Keynote Address
Panel One
Panel Two
Panel Three
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Scholarship
- 听James Weinstein
- 听Catherine J. Ross
- 听B. Jessie Hill
- 听Helen Norton
- 听Carla F. Fredericks & Jesse D. Heibel
- 听Christina E. Wells
- 听Mark Spottswood
- 听David S. Han
- 听Alan K. Chen & Justin Marceau
- 听Gregory Klass
The 24th Annual Rothgerber Conference offered attendees the opportunity to recognize the contributions of Colorado Law Professor Robert Nagel to constitutional scholarship over the course of his career. Speakers included:
- Professor Larry Alexander, San Diego Law School
- Professor Paul Campos, University of Colorado Law School
- Professor Mark Tushnet, Harvard Law School
- Dr. Matthew Franck, Director, William E. and Carol G. Simon Center on Religion and the Constitution
- Professor Michael Greve, George Mason University School of Law
- Professor Stephen Presser, Northwestern Law School
- Professor Frederick Schauer, Virginia Law School
Panel One
Panel Two
The 23rd Annual Rothgerber Conference, 鈥淧residential Interpretation of the Constitution,鈥 brought academics from around the country to explore the themes raised in Professor Hal Bruff鈥檚 recently published Uncommon Ground: How Presidents Interpret the Constitution. Professor Bruff delivered a keynote address. Speakers included:
- Gabrielle Appleby, University of South Wales
- Henry L. Chambers, Jr., Richmond School of Law
- Kathleen Clark, Washington University Law School
- Martin Flaherty, Fordham Law School
- Heidi Kitrosser, University of Minnesota Law School
- David Pozen, Columbia Law School
- Peter Shane, Ohio State University Moritz College of Law
- Kevin Stack, Vanderbilt Law School
- Adam Webster,听University of Adelaide, South Australia
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