The Ira C. Rothgerber Jr. Conference on Constitutional Law is an annual Byron R. White Center event that brings scholars and lawyers from across the nation to the University of Colorado Law School for a discussion on a current constitutional issue.

Conference Highlights from 2019

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Presenters at the 2019 Rothgerber Conference

Malveaux

Suzette Malveaux, Provost Professor of Civil Rights Law and director of the White Center

Weiser

Colorado Attorney General Phil Weiser

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Howard Wasserman (Florida International University College of Law), Mila Sohoni (University of San Diego School of Law), and Alan Trammell (University of Arkansas School of Law)

Hausman

David Hausman, Esq., ACLU

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Portia Pedro (Boston University School of Law), Howard Wasserman (Florida International University College of Law), and Mila Sohoni (University of San Diego School of Law)

Presentation

Zachary D. Clopton (Cornell Law School), David Hausman, Esq. (ACLU), and Michael T. Morley (Florida State University College of Law)

Copeland

Charlton Copeland (University of Miami School of Law)

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Zachary D. Clopton (Cornell Law School)

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Ahmed White (University of Colorado Law School), Portia Pedro (Boston University School of Law), and Howard Wasserman (Florida International University College of Law)

panel

Charlton Copeland (University of Miami School of Law), Alan Trammell (University of Arkansas School of Law), Doug Rendleman (Washington & Lee University School of Law), Suzette Malveaux (University of Colorado Law School), and Andrew Fischer ('20)

Hannah Regan-Smith

Hannah Regan-Smith ('19), editor-in-chief of the University of Colorado Law Review

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Professor Suzette Malveaux and Colorado Law students

2019 Rothgerber Conference

The 27th Annual Rothgerber Conference took place Friday, April 5, 2019. This year's conference focused on the topic, "National Injunctions: What Does the Future Hold?", and featured an exciting panel of diverse scholars, with remarks by Phil Weiser, Colorado Attorney General; and Professor Suzette Malveaux, University of Colorado Law School.   

When: Friday, April 5, 2019, 8 a.m.-4 p.m. See full agenda.
Where: Room 301, Wolf Law Building.
Who: Free and open to the public.

See all photos

Rothgerber Conference speakers

    Agenda

    8-9 a.m. Check-in and Continental Breakfast (All sessions are in Room 301 at the Wolf Law Building, University of Colorado Law School, unless otherwise noted.)

    9-9:30 a.m. Introductory Remarks (Colorado Attorney General Phil Weiser & Colorado Law Professor Suzette Malveaux)

    9:30-11 a.m. Panel I: Court Authority and Policy Considerations.

    • Professor Alan Trammell, University of Arkansas School of Law
    • Professor Doug Rendleman, Washington & Lee University School of Law
    • Professor Suzette Malveaux, University of Colorado Law School
    • Professor Charlton Copeland, University of Miami School of Law

    This panel explores whether Article III and traditional equity limit the federal courts’ ability to issue national injunctions. It also addresses policy concerns that would be implicated if the federal courts could not use national injunctions to enjoin executive actions that violate statutory or constitutional law. Finding national injunctions permissible, several panelists offer limiting principles to guide judicial discretion, support separation of powers principles and protect democratic values
    .

    11-11:15 a.m. Break

    11:15 a.m.-12:30 p.m. Panel II: Lessons from Various Models

    • David Hausman, Esq., ACLU
    • Professor Zachary D. Clopton, Cornell Law School
    • Professor Michael T. Morley, Florida State University College of Law

    This panel explores how various doctrine, laws, and analogs can inform the national injunction debate. Panelists examine preclusion doctrine, propose alternative procedural mechanisms for achieving the goals of national injunctions, and highlight statutes that suggest appropriate constraints on national injunctions.
    .

    12:30-1:30 p.m. - Lunch

    1:30-3 p.m. Panel III: Other Conceptions of National Injunctions

    • Professor Ahmed White, University of Colorado Law School
    • Professor Howard Wasserman, Florida International University College of Law 
    • Professor Portia Pedro, Boston University School of Law
    • Professor Mila Sohoni, University of San Diego School of Law

    These panelists examine the national injunction from a wide-angle lens. They question the accuracy of the prevailing historical narrative surrounding national injunctions, tie arguments against the national injunction to arguments for federal-government-defendant exceptionalism, assert that the national injunction should be treated with skepticism by those seeking progressive change, and doubt whether the national injunction should even exist.

    3 p.m. – Reception (Boettcher Hall)

    Past conferences

    At the 26th Annual Rothgerber Constitutional Law Conference on Friday, April 13, 2018, speakers from around the U.S. explored a broad range of issues related to listeners’ constitutional interests and rights, including when and why listeners’ interests should matter to First Amendment law, how we might go about determining listeners’ interests, and what to do when listeners’ interests may be in tension with speakers’ interests -- generally or in specific contexts involving speech to voters, consumers, workers, students, information users, shareholders, clients, consumers of the media, and other specific individuals or communities.

    The 25th Annual Rothgerber Constitutional Law Conference addressed the topic of “Truth, Lies, and the Constitution.” Speakers included:

    Keynote Address

    Panel One

    Panel Two

    Panel Three

      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:

      Panel One

      Panel Two

        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:

          At the 22nd Annual Rothgerber Conference, on October 2, 2014, academics and attorneys from around the country gathered to discuss how litigation strategy has pushed and is continuing to push constitutional change. There were three panels during the conference, focusing on these topics: race and constitutional litigation; getting to same-sex marriage; and constitutional litigation and movement identity.

          The 21st Annual Rothgerber Conference focused on federalism and its impact on the constitutional debates surrounding the legalization of marijuana, gay marriage, gun rights, and immigration. Yale Law School Professor Heather Gerken gave the conference's keynote address, entitled "The Political Safeguards of Horizontal Federalism."