Ira C. Rothgerber Jr. Conference
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’ First Amendment rights and litigation strategies that promote Constitutional change.
2024 Rothgerber Conference
AI and the Constitution
The 32nd Annual Ira C. Rothgerber Jr. Conference is on Friday, April 19, 2024 from 9 a.m. to 4:30 p.m. MT
and the Byron White Center are proud to have partnered together on a conference on , held on April 19, 2024. The conference merged the Silicon Flatirons annual Artificial Intelligence Conference with the White Center’s 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 .
SESSIONS
CHECK IN AND BREAKFAST - 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’s programming gets underway.
WELCOME AND INTRODUCTION - 9:00am - 9:15am
@ Wolf Law Building, Wittemyer Courtroom
Moses Lasky Professor of Law, University of Colorado Law School
KEYNOTE - 9:15am - 10:00am
Professor of Law, University of Colorado Law School
BREAK - 10:00am - 10:15am
AI AND PRIVACY - 10:15am - 11:45am
- — 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 the challenges of protecting the right to privacy in the context of the explosion of AI. 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 “sensitive” information; the need for data privacy protections tailored to marginalized groups to guard against exploitation, oversurveillance and political deception; the dangers of law enforcement’s 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.
AI AND THE INTERPRETATION OF THE US CONSTITUTION AND OTHER LEGAL DO¶¶Ňő¶ĚĘÓƵMENTS - 1:00pm - 2:15pm
- — 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
AI SPEECH AND THE FIRST AMENDMENT - 2:35pm - 4:00pm
- — 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 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
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, State of Resistance: The Role of States in the Midst of Federal Court Crisis, took place on Friday, April 14, 2023.
The 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.
To read more about the conference, click here.
Schedule of Events:
9:00 a.m. | Opening Remarks
9:10 a.m. | Keynote: "Democratic Federalism and the Supreme Court"
- Professor Carolyn Shapiro
10:00 a.m. | Panel 1: "State Responsibility in the Face of Civil Rights Regression"
- Professor Matthew Fletcher - Michigan Law
- Siddhartha Rathod, Esq. - Rathod | Mohamedbhai LLC
- 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. | Networking Reception with Speakers (in person attendees only)
Five general CLE credits approved for Colorado attorneys.
Watch the video recording of the 31st Annual Rothgerber Conference.
The 30th Annual Ira C. Rothgerber Conference: 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 performance of '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. 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. To read more about the conference, click here.
Thursday, April 7, 5:30 - 7 p.m.
In collaboration with the Motus Theater, this years conference 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 (University of Alabama)
Roundtable: The 1921 Tulsa Race Massacre; The Quest for Accountability
- Moderator: Professor Suzette Malveaux (Colorado Law)
- Professor Eric Miller (Loyola Law School), Professor Emerita Adjoa Ayietoro (William H. Bowen School of Law), Reverend Robert Turner (former pastor of Historic AME Church in Tulsa), Damario Solomon-Simmons, Esq. (Solomon Simmons Law)
Panel 1: Institutional Complicity in U.S. Slavery; the Role of the Judiciary and Higher Education
- Moderator: Erin Vanek (Colorado Law '22)
- Professor Michael Higginbotham (University of Baltimore Law School), Professor 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
- Moderator: Professor Ben Levin (Colorado Law)
- Professor Jack Chin (UC Davis School of Law), Professor Sunita Patel (UCLA School of Law), Professor Monica Bell (Yale Law), 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
- Moderator: Sam McCarthy (Colorado Law '23)
- Professor Tom Romero (University of Denver Sturm College of Law), Councilwoman Candi CdeBaca (Denver District 9), 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: Pursuing Citizenship, took place virtually on Friday, April 9, 2021, with a special, pre-conference performance of 's .
This year's conference built upon Colorado Law Professor Ming Hsu Chen's new book, 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. To read more about the conference, .
Motus Theater’s Undocumonologues
Motus Theater 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.
Two monologues were performed by the writers themselves, while the third was read aloud by special guest, the Honorable Mimi Tsankov, National Association of Immigration Judges, who reflected upon her experience connecting with that story. The event concluded with a 20 minute talk-back, where audience members reflected on their experience and posed questions to those involved. For more information about Motus Theater and how to get involved, please visit: .
2021 Conference Panels & Panelists
Opening: Ming Hsu Chen (Colorado Law), author of Pursuing Citizenship in the Enforcement Era in conversation with Hiroshi Motomura (UCLA School of Law)
Panel 1: Citizenship Theory Beyond Legal Status
- Moderator: Seema Sohi (Ethnic Studies, University of Colorado Boulder)
- Niambi Carter (Political Science, Howard University), Elizabeth Cohen (Political Science, Syracuse University), Allen Colbern (Political Science, Arizona State University), Amanda Frost (Washington College of Law).
Lunchtime Panel: Stories of Immigrants
- Moderator: Violeta Chapin (Clinical Faculty, Colorado Law)
- Salvador Hernandez (Colorado State Director, Mi Familia Vota), Alan Sanchez (¶¶Ňő¶ĚĘÓƵ Alumni), Shiyan Zhang (¶¶Ňő¶ĚĘÓƵ Alumni).
Panel 2:  Citizenship, Integration, and Belonging 
- Moderator: David Cook-Martin (Sociology, University of Colorado Boulder)
- Tomas Jimenez (Sociology, Stanford), Cristina Rodriguez (Yale Law School), Stella Burch Elias (University of Iowa College of Law), Shannon Gleeson (Labor Relations, Law & History, Cornell), XĂłchitl Bada (Latin American and Latino Studies, University of Illinois at Chicago).
Panel 3:  Noncitizens, Exclusion, and Enforcement 
- Moderator: 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).
Opening, Panel 1 & Lunch Panel [video:https://www.youtube.com/watch?v=pmJaoQ5TcXA]
Panel 2 [video:https://www.youtube.com/watch?v=By8F7STK2Ns]
Panel 3 [video:https://www.youtube.com/watch?v=sy7FoSCe9Ug]
The 28th Annual Ira C. Rothgerber Conference took place on April 3, 2020. This year's conference focused on the topic "Women’s Enfranchisement: Beyond the 19th Amendment". 2020 marked 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’ve come—and how far we have to go—in terms of formal political enfranchisement as well as the social and economic empowerment of women more broadly.
Motus Theater’s Undocumonologues
Motus Theater 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.
Two monologues were performed by the writers themselves, while the third was read aloud by special guest, the Honorable Mimi Tsankov, National Association of Immigration Judges, who reflected upon her experience connecting with that story. The event concluded with a 20 minute talk-back, where audience members reflected on their experience and posed questions to those involved. 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 Reva Siegel (Yale Law)
Panel 1: “Historical Perspectives on the Nineteenth Amendment: Looking Back, Looking Forward”
Prof. Carolyn Ramsey (Colorado Law)
Prof. Julie Suk (¶¶Ňő¶ĚĘÓƵNY, Graduate Center)
Prof. Mary Ziegler (Florida State Univ. Law)
Prof. Susan Schulten (University of Denver, History)
Panel 2: “Barriers to Political Representation”
Prof. Dara Stolovitch (Princeton, Gender & Sexuality Studies)
Prof. Atiba Ellis (Marquette Law)
Prof. Bertrall Ross (Berkeley Law)
Prof. Justin Levitt (Loyola Law)
Prof. Ming Chen (Colorado Law)
Panel 3 “Lived Equality: Beyond Formal Political Rights”
Prof. Aya Gruber (Colorado Law)
Chinyere Ezie (Staff Attorney, Center for Constitutional Rights)
Diana Flynn (Litigation Director, Lamda Legal)
Prof. Cary Franklin (Univ. Texas Law)
Prof. Scott Skinner-Thompson (Colorado Law)
Introductory Remarks & Keynote Address [video:https://www.youtube.com/watch?v=R43EesUpIb0&list=PLwFq2GL-i5UjDHrDLVBzsvq439NVkDKDi&index=2]
Panel 1 [video:https://www.youtube.com/watch?v=T4xdEGNY9XI&list=PLwFq2GL-i5UjDHrDLVBzsvq439NVkDKDi&index=3]
Panel 2 [video:https://www.youtube.com/watch?v=_NR_fParT3k&list=PLwFq2GL-i5UjDHrDLVBzsvq439NVkDKDi&index=4]
Panel 3 [video:https://www.youtube.com/watch?v=wjsj2kA9S7w&list=PLwFq2GL-i5UjDHrDLVBzsvq439NVkDKDi&index=5]
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
- Professor Portia Pedro, BU Law
- Professor Mila Sohoni, San Diego Law
Scholarship
- Listeners' Choices, James Grimmelmann
- 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’ Privacy Rights: Regulation of Personal Data Retention and Erasure, Alexander Tsesis
- Commercial Speech Protection as Consumer Protection, Felix T. Wu
The 25th Annual Rothgerber Constitutional Law Conference addressed the topic of “Truth, Lies, and the Constitution.” Speakers included:
- Professor Alan Chen, University of Denver Sturm College of Law
- Professor Carla Fredericks, University of Colorado School of Law
- Professor David Han, Pepperdine University School of Law
- Professor B. Jessie Hill, Case Western Reserve University School of Law
- Professor Gregory Klass, Georgetown Law School
- Professor Justin Marceau, University of Denver Sturm College of Law
- Professor Helen Norton, University of Colorado School of Law
- Professor Catherine Ross, George Washington University School of Law
- Professor Mark Spottswood, Florida State University College of Law
- Professor James Weinstein, Sandra Day O’Connor Arizona State University College of Law
- Professor Christina Wells, University of Missouri School of Law
Keynote Address
[video: https://www.youtube.com/watch?v=lmcJmj9u6ec&list=PLwFq2GL-i5Uj84QuYlOLXVv9ajQSgqD8A&index=1]
Panel One
[video: https://youtu.be/JJkqOuVTURc]
Panel Two
[video: https://youtu.be/iE_SQSD_J6o]
Panel Three
[video: https://youtu.be/4m3sJU1FneQ]
Scholarship
- James Weinstein
- Catherine J. Ross
- B. Jessie Hill
- Helen Norton
- Carla F. Fredericks & Jesse D. Heibel
- Christina E. Wells
- Mark Spottswood
- David S. Han
- Alan K. Chen & Justin Marceau
- 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
[video: https://www.youtube.com/watch?v=v-aSKWWFleg]
Panel One
[video: https://www.youtube.com/watch?v=KU3cyn60ZPw&index=1&list=PLwFq2GL-i5UincFgfI_AV6ULWk9M6cNcH]
Panel Two
[video: https://www.youtube.com/watch?v=mBCgCfP2V14]
The 23rd Annual Rothgerber Conference, “Presidential Interpretation of the Constitution,” brought academics from around the country to explore the themes raised in Professor Hal Bruff’s 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, University of Adelaide, South Australia
2020 Rothgerber Slideshow
Rothgerber Conference 2019
