Suzette Malveaux

Suzette Malveaux Receives Gilbert Goldstein Award

Anonymous — Thu, 28 Sep 2023 18:54:09 +0000

Suzette Malveaux Receives Gilbert Goldstein Award Anonymous (not verified) Thu, 09/28/2023 - 12:54

Emily Battaglia

The 2023-24 Gilbert Goldstein Faculty Fellowship has been awarded to Suzette Malveaux, Colorado Law’s Moses Lasky Professor of Law and Director of the Byron R. White Center for the Study of American Constitutional Law. Awarded by the Dean, the fellowship provides one semester without teaching responsibilities to enable concentration on research and writing.

Professor Malveaux is a member of the American Law Institute and former Chair of the American Association of Law Schools Civil Procedure Section. She has taught in the areas of Civil Procedure, Complex Litigation, Employment Discrimination, Civil Rights, and Constitutional Law for two decades. Her scholarship explores the intersection of civil rights and civil procedure, and access to justice issues. Her research has been published in the Harvard Law Review Forum, George Washington Law Review, Boston University Law Review, Washington University Law Review, Kansas Law Review, Boston College Law Review, and the Berkeley Journal of Employment & Labor Law.

Professor Malveaux graduated magna cum laude from Harvard University. She earned her J.D. from NYU School of Law, where she was a Root-Tilden Scholar, Associate Editor of the Law Review, and Center for International Law Fellow.

Gilbert Goldstein ‘42, for whom the fellowship is named, is remembered not only as a tremendously successful graduate of the law school, but also as a longtime, dedicated supporter of the greater Denver legal community. The MDC/Richmond American Homes Foundation established the Gilbert Goldstein Fund in recognition of his dedication and generosity. The fund awards scholarships and fellowships to deserving Colorado Law students and faculty.

“I am so pleased to share that Professor Malveaux is this year’s Goldstein fellow!” said Colorado Law Dean Lolita Buckner Inniss, “Her interdisciplinary research, as well as her commitment to her students and their success, make her an incredibly valuable part of our community. We are eager to see what she will delve into during her time as a Goldstein fellow.”

The law school’s Emily Battaglia spoke with Professor Malveaux about her upcoming semester of research.

Thank you so much for taking some time to chat! What are your research plans for your time as a fellow? 

SM: I’m excited to spend my time as the Gilbert Goldstein Faculty Research Fellow exploring procedural justice in the civil court system. While we often focus on substantive rights, they are futile without robust procedural rights. My research will focus on some of the thorny issues where process may be politicized, and even weaponized, to the detriment of many Americans.

That sounds fascinating—would you mind sharing an example of one of these issues in the present day?

SM: Of course. Gridlock and hyper-partisanship often characterize current U.S. politics. However, Congress recently passed the bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims Act of 2021. This Act protects victims of sexual assault and sexual harassment from being shut out of the courts and forced into arbitration—a forum which often provides fewer procedural protections such as a jury trial, right to appeal, and access to critical evidence. Congressional representatives on both sides of the aisle recognized the deep flaws in mandatory arbitration and enacted this law that will enable sexual abuse victims to come out of the shadows and get their day in court.

This groundbreaking and important legislation is an excellent start, but it is not enough. For example, survivors of racial violence and racial harassment should also be allowed to have court access and let their claims be given the light of day. They deserve the same right to choose whether to defend themselves in court or arbitration, yet they don’t have the same legal protection. My work will explore this disconnect and argue that there is an unjustifiable incongruency between the treatment of race and sex when it comes to procedural protection in the civil court system.

Are there any other major projects you will be taking on during this time?

SM: This fellowship also gives me the time to examine more broadly the legitimacy of law’s tethering access to justice to our identities. My larger project will contend that protecting only some groups, with the resources and power to lobby Congress, while leaving others behind, risks creating procedural caste.

What inspired this research? And how does it build upon your current work?

SM: My research is situated at the intersection of two areas of law: civil procedure and civil rights. Throughout my academic career, my scholarship) has explored this intersection. My teaching for the last two decades is also grounded in these two subject areas. As former Chair of the AALS (American Association of Law Schools) Civil Procedure section and CU’s Director of the Byron R. White Center for the Study of Constitutional Law, I get to learn from colleagues nationwide who share their expertise in both subject matters. Finally, my own work as a class action specialist and civil rights attorney for eight years prior to entering academia has grounded my work in important ways.

My interdisciplinary approach is inspired by my desire to promote fair processes and robust Constitutional and civil rights enforcement. My upcoming project will build on some of my more recent projects.

For example, over the last half century, the U.S. Supreme Court has systemically eroded everyday Americans’ capacity to enforce their civil rights by erecting procedural barriers in the civil court system. This problem has flown under the radar, slowly chipping away at precious substantive rights. This led to my giving CU’s 46th annual distinguished Scott Lecture on the topic and writing Is It Time for a New Civil Rights Act? Addressing Modern Obstructionist Procedure, 63 B.C. L. Rev. 1 (2022), two years later. This article demonstrates that we need a new law that corrects the harms of procedural restrictions on civil rights enforcement. It concludes that the cumulative effect of the Supreme Court’s regressive decisions calls for a new procedural civil rights act and sets forth what that would look like.

I’ve also had the pleasure of learning from civil proceduralists all over the country who contributed to A Guide to Civil Procedure: Integrating Critical Legal Perspectives (NYU Press 2022), a book I co-edited. Our book offers a variety of critiques and critical legal perspectives of civil procedure doctrine and gives students a fuller way of understanding this foundational subject. This work keeps me grounded about how the civil justice system actually works and who it benefits.

How does having a break from teaching impact your ability to dive into this kind of work?

SM: That’s a great question! As professors, we spend a lot of time teaching and mentoring our students and prioritizing their well-being. Each of them brings something special and important to the class. I usually spend my time in the fall teaching Civil Procedure to about 60 first year students. It’s a tough subject and the first semester of law school is very challenging. This means that I’m 100% dedicated to their learning and success, not only in my class but in entering the profession. I spend my time and energy making sure they have the foundational skills and knowledge to become lawyers in conjunction with teaching them Civil Procedure. I love the enthusiasm, energy and passion they bring, and I treasure introducing them to the powerful and important role they can play as lawyers. Needless to say, that takes a lot of time! Having a break from teaching gives me mental space (and countless hours!) to focus on my research. I welcome being able to take a deep breath and sink into the intellectual work.

Speaking of our amazing students -- will there be any opportunities for student involvement in this research?  

SM: Absolutely! I’m excited to have four amazing students serve as my Research Assistants (RAs) this year. Every year, a number of the top students from my Civ Pro and upper level courses apply to be RAs and work with me on my research projects. Their assistance is essential. I enjoy the collaboration and brainstorming we do as a team. Our teamwork only makes my thinking deeper and my work stronger. And they keep me honest! I’m looking forward to a great semester!

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31st Annual Ira C. Rothgerber Jr. Conference Explores “The Role of States in the Midst of Federal Court Crisis”

Anonymous — Tue, 16 May 2023 21:08:36 +0000

31st Annual Ira C. Rothgerber Jr. Conference Explores “The Role of States in the Midst of Federal Court Crisis” Anonymous (not verified) Tue, 05/16/2023 - 15:08

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.

View the full event photo gallery here.

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 Suzette Malveaux, 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 Lolita Buckner Inniss also kicked off the conference, explaining how democratic norms are under attack and urging attendees to be active participants in our collective future.

Carolyn Shapiro, professor and Co-Director for the Institute on the Supreme Court of the United States at Chicago-Kent College of Law, 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 University of Colorado Law Review, 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 YouTube.

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

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.

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11th Annual John Paul Stevens Lecture hosted Chief Justice Angela Riley who discussed Tribal Courts and Justice in Indian Country

Anonymous — Thu, 03 Nov 2022 21:25:49 +0000

11th Annual John Paul Stevens Lecture hosted Chief Justice Angela Riley who discussed Tribal Courts and Justice in Indian Country Anonymous (not verified) Thu, 11/03/2022 - 15:25

Written by: Tatiana Nelson, Class of 2024

The 11^th annual John Paul Stevens Lecture took place on October 18^th at the University of Colorado Law School, hosting the first ever Tribal Court Justice to speak at the Stevens Lecture. Over 200 attendees packed the Wittemyer Courtroom in addition to hundreds of folks joining virtually. Opening remarks were given by Dean Lolita Buckner Inniss. Chief Justice Angela Riley of the Citizen Potawatomi Nation of Oklahoma Tribal Court engaged in a fireside chat with Professor Suzette Malveaux, Director of the Byron White Center for the Study of American Constitutional Law, about tribal courts and their position as the “Third Sovereign” in the United States. The Stevens Lecture was co-hosted by the American Indian Law Program.

Stevens Lecture attendees packed the Wittemyer Courtroom.

Watch a recording of Justice Riley's presentation.

Justice Riley began with a survey of Federal Indian Law and the role of tribal courts. There are over 400 tribal justice institutions throughout the United States today, whose practices range from peacekeeping and the use of panels of elders to the adversarial system that resembles that of state and federal courts. Tribal courts are essential to the sovereignty and self-determination of indigenous people, as these institutions allow for tribes to enforce their own laws and values. The Justice spoke about the complexities of criminal jurisdiction within Indian Country and the impact this has had largely on Indigenous women and girls, with 85% of Indigenous women having been subjected to violence at some point in their lives. The lack of tribal court jurisdiction to prosecute non-Indians on Indian land allows for the assault of Indigenous women in Indian Country at rates much higher than for other groups throughout the country.

View the event photo gallery.

Professor Malveaux then turned the Justice's attention towards recently decided and upcoming cases involving Indian Law in the United States Supreme Court. In the landmark McGirt v. Oklahoma case, the Court held that for the purposes of the Major Crimes Act, land reserved for the Creek Nation in eastern Oklahoma remains "Indian Country." Justice Riley noted how powerful it felt for herself and other tribal members to feel recognized by the United States Supreme Court. The opinion by Justice Gorsuch begins, "On the far end of the Trail of Tears was a promise." Justice Riley became emotional as she recalled these words and spoke of how consequential the decision was. Just two years later, in Oklahoma v. Castro-Huerta, however, the Court held that the federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians in Indian Country, which was a major blow to almost two hundred years of precedent. Justice Riley also remarked on the upcoming case Brackeen v. Haaland, which deals with a constitutional challenge to the Indian Child Welfare Act (ICWA). She noted how the Court is all too willing to jettison well-settled precedent. This worries her given the gravity of what is at stake if ICWA is held unconstitutional, since the Act establishes minimum standards for the removal of Native American children and a preference that those removed be placed with extended family members or in Native foster homes.

Lastly, six students from various student group organizations at the University of Colorado Law School were selected to ask their own questions of the Chief Justice. Student questions ranged from ABA requirements to teach cross-cultural competency to the important milestones achieved by Indigenous people of Oklahoma to the incorporation of international human rights into tribal jurisprudence.

Chief Justice Riley shared how she grew up on a farm in rural Oklahoma and uses this unique upbringing to inform her perspective while hearing cases on her tribe's high court. She spoke of the very close connections she has with members of her tribe and how that impacts her role as Chief Justice. She stressed the importance of bringing context and empathy to all of the cases she hears. As far as the future of tribal courts and Indigenous Sovereignty, Justice Riley remains hopeful for two particular reasons: first, tribes are still here despite centuries of efforts of erasure by the federal government; and second, young people make up the most sophisticated generation in the history of the world, which has enabled an international movement for Indigenous rights. As Justice Riley put it, "Indian tribes are governing and living on behalf of seven generations after them," and it is precisely this long-view thinking that will ensure the survival of Indigenous people.

After the talk wrapped up, Professor Kristen Carpenter, Director of the CU American Indian Law Program, gave closing remarks and introduced the student leadership from the Native American Law Students Association (NALSA). As is tradition when a member of the community adds something of value, Justice Riley and Professor Malveux were gifted blankets by NALSA.

Professor Kristen Carpenter, Director of the American Indian Law Program, and student leaders from NALSA present Chief Justice Riley and Professor Malveaux with gift blankets.

A reception open to all attendees followed the lecture, which allowed students, lawyers, scholars and community members the opportunity to meet Justice Riley and ask additional questions. An intimate dinner followed with invited guests with further opportunity for community building.

In the days that followed, students from the American Indian Law Clinic at Colorado Law reflected on this year's Stevens Lecture. Kate Newman, a second-year student attorney at the clinic noted, "I think it’s wonderful that the law school is highlighting Indigenous voices and that Chief Justice Riley very eloquently connected with people of all experience levels to bring attention to important native issues."

“We are so grateful to Justice Riley for sharing her experience and perspective,” remarked Professor Malveaux. “From experts in the field of American Indian Law to those learning about these issues for the first time, the universal feedback we’ve received is how inspiring and informative her presentation was.”

“The experience of preparing for and conducting the fireside chat was eye-opening for me too,” Professor Malveaux added. “I can’t imagine going forward teaching my first year Civil Procedure class without recognizing the role of tribal courts and the importance of the “third sovereign.”

Professor Kristen Carpenter, Dean Lolita Buckner Inniss, Chief Justice Angela Riley, Professor Suzette Malveaux.

From left to right Byron White Center Fellows Tia Nelson, Essence Duncan, Francesca Lipinsky DeGette, with Fellows Madeleine Chalifoux-Gene, Michaela Calhoun, and Charlie Goodenow.

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Constitution Day 2022

Anonymous — Mon, 03 Oct 2022 22:24:25 +0000

Constitution Day 2022 Anonymous (not verified) Mon, 10/03/2022 - 16:24

The Byron R. White Center for the Study of American Constitutional Law celebrated its eleventh annual Constitution Day Project this September. Each year, volunteers teach challenging constitutional questions in Colorado high schools to commemorate the 1787 signing of the U.S. Constitution.

This year’s Constitution Day curriculum covered the right to privacy and offered students the opportunity to discuss same-sex and interracial marriage, the right to contraception, and the recent Dobbs decision. “We hope high school students will think about how the Constitution impacts their lives, often in ways they never realized. This year’s topic is particularly poignant not just for youth but for everyone – how and why should our private lives be subjected to government intervention?” commented the Project’s manager and co-director of Colorado Law's Clinical Programs, Professor Colene Robinson.

This year over thirty student and attorney volunteers signed up to teach. Volunteers worked with more than 400 students in schools across the Front Range. Teachers were excited for students to discuss privacy issues with members of the legal community.

One teacher shared that, after Constitution Day, one of her students and the student’s father “had a conversation about the topic and, [despite coming] from very different perspectives,” they were able to “have a conversation that was based in facts” as a result of the lesson.

Students “really enjoyed the topic and left feeling like they better understood the issue and the stakes of what could happen in the future,” reported another teacher. Volunteers were impressed by how much students already knew about the Constitution and by their thoughtful questions.

The Center has expressed gratitude to this year's volunteers, whose “dedication to bringing the Constitution alive in high school classrooms allows us to have these hard conversations,” added Professor Robinson.

The Byron R. White Center's director, Professor Suzette Malveaux remarked, “This kind of civic education and engagement is critical to our democracy.”

If you are interested in getting involved with next year’s Constitution Day Project, please fill out this form: https://forms.gle/H2qTZTSAunUejy5m6.

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Justice Angela R. Riley, Chief Justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma, to deliver Stevens Lecture on October 18

Anonymous — Wed, 28 Sep 2022 22:51:50 +0000

Justice Angela R. Riley, Chief Justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma, to deliver Stevens Lecture on October 18 Anonymous (not verified) Wed, 09/28/2022 - 16:51

Justice Angela R. Riley, Chief Justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma and internationally esteemed scholar, will join the Colorado Law community on October 18, 2022 to deliver the 11th annual John Paul Stevens Lecture. This lecture, free and open to the public, is sponsored by the Byron R. White Center for the Study of American Constitutional Law and co-sponsored by the American Indian Law Program.

In this fireside chat titled, “The Third Sovereign: Tribal Courts and Indian Country Justice,” Justice Riley will discuss Native Nations as the “third sovereign” within the legal framework of the United States. In conversation with Professor Suzette Malveaux, Director of the Byron R. White Center, she will explain the role of tribal courts in ensuring justice in Indian country. Justice Riley's presentation, beginning at 5:30 pm, will take place at the Wolf Law building and will be followed by a Q&A with Colorado Law students. There is a special opportunity for in-person guests to attend a reception following the presentation at 6:30 pm.

"Justice Riley’s lecture marks the first time a justice of the high court of an Indigenous Nation has presented this prestigious lecture," Professor Malveaux explained, "This is a historic moment for our school and an exceptional opportunity for our community. We are absolutely thrilled to learn from her."

In 2003, Justice Riley became the first woman Justice of the Supreme Court of the Citizen Potawatomi Nation of Oklahoma. In 2010 and again in 2016, she was elected by her tribe's General Council as Chief Justice. She previously served as Co-Chair for the United Nations - Indigenous Peoples’ Partnership Policy Board, with a dedicated mission to implement the UN Declaration on the Rights of Indigenous Peoples. She has worked as an Evidentiary Hearing Officer for the Morongo Band of Mission Indians and currently sits as an Appellate Justice at the Rincon Band of Luiseño Indians Court of Appeals and at the Pokagon Band of Potawatomi Indians Court of Appeals.

A renowned expert in her field, she also serves as Professor of Law and American Indian Studies at UCLA Law. She is Special Advisor to the university's Chancellor on Native American and Indigenous Affairs and directs the law school's Native Nations Law and Policy Center as well as the J.D./M.A. joint degree program in Law and American Indian Studies. Professor Riley's research focuses on Indigenous peoples’ rights, with a particular emphasis on cultural property and Native governance. Her work has been published in the nation’s leading legal journals, including the Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Georgetown Law Journal and numerous others. She received her undergraduate degree at the University of Oklahoma and her law degree from Harvard Law School.

Professor Riley is a member of the American Law Institute and a co-editor of the Cohen's Handbook on Federal Indian Law. She taught as the Oneida Indian Nation Visiting Professor of Law at Harvard Law School in Fall 2015 and co-teaches the Nation Building course at the Harvard Kennedy School of Government. She has been recognized by numerous legal institutions where she has been invited to lecture on her knowledge of law and specializations in Native American and Ingenious rights. Some of these institutions include Harvard Law School, Yale Law School, The University of Arizona, along with many more established institutions.

One general CLE credit is pending for Colorado attorneys. (Colorado Law Students: This is a C.A.R.E. Pledge eligible event.)

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ICYMI: Faculty Publications and Notable Mentions

Anonymous — Mon, 25 Jul 2022 22:35:01 +0000

ICYMI: Faculty Publications and Notable Mentions Anonymous (not verified) Mon, 07/25/2022 - 16:35

Widely recognized for its intellectual diversity and originality, the faculty at Colorado Law encompasses an array of prominent legal scholars who are widely cited, both in academia and throughout the national media landscape. We invite you to catch up on the latest faculty publications and media mentions with this weekly round up, provided by the extraordinary Wise Law Library.

Faculty Publications:

Sarah Krakoff, Lincoln Davies, & Karrigan Börk, Roundtable Two: Environmental Law Education: New Techniques in the Classroom and Beyond, 46 Vt. L. Rev. 575 (2022).

Notable Mentions:

Lakshman Guruswamy, CU Professor Emeritus of Law Lakshman Guruswamy on Turmoil in Sri Lanka, KOA: The Ross Kaminsky Show, July 20, 2022.

Suzette Malveaux, Brooke Coleman, Portia Pedro & Elizabeth Porter, eds., A Guide to Civil Procedure: Integrating Critical Legal Perspectives (2022) is the #1 New Release in Litigation Procedures on Amazon.

Amanda Parsons, Mirit Eyal-Cohen, Weekly SSRN Tax Article Review and Roundup, TaxProf Blog, July 15, 2022.

Amanda Parsons, Paul Caron, Parsons: The Shifting Economic Allegiance of Capital Gains, TaxProf Blog, July 13, 2022.

Getches-Wilkinson Center's 42^nd Annual Conference, Ian James, Shut out from talks on Colorado River crisis, tribes want inclusion and ‘transformation’, LA Times, July 20, 2022.

If you have any problems accessing any of these articles, contact: lawfacultyservices@colorado.edu

Catch up on the latest faculty publications and media mentions with this weekly round up, provided by the extraordinary Wise Law Library.

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30th Annual Ira C. Rothgerber Jr. Conference Explores ‘The Legacy of U.S. Slavery’

Anonymous — Mon, 18 Apr 2022 15:31:47 +0000

30th Annual Ira C. Rothgerber Jr. Conference Explores ‘The Legacy of U.S. Slavery’ Anonymous (not verified) Mon, 04/18/2022 - 09:31

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 Lolita Buckner Inniss’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.

Colorado Law’s Byron R. White Center for the Study of American Constitutional Law hosted the Rothgerber Conference, which was co-sponsored by the Center for African and African American Studies. The Center’s director, Moses Lasky Professor of Law Suzette Malveaux, spearheaded the event. The Rothgerber Conference benefitted from a wide range of perspectives which included historians and legal scholars, doctrinal and clinical faculty, policymakers and formerly incarcerated leaders, who all contributed to vibrant discussions of systemic racism and the legacy of slavery.

The conference also highlighted the impact of the legacy of slavery on people’s day-to-day experiences. On April 7th, Motus Theater presented JustUs: Stories from the Frontlines of the Criminal Legal System and the Legacy of Systemic Racism and Slavery. 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 ��«��Ƶ fashion—enjoying a wonderful dinner together and a group hike at Chautauqua Park.

A full recording of the conference is available on YouTube.

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 program.

Scholars, lawyers, community leaders, students and activists from across the country gathered on April 8, 2022 for the University of Colorado Law School’s 30th Annual Ira C. Rothgerber Jr. Conference: Looking Back to Move Forward: Exploring the Legacy of U.S. Slavery.

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Suzette Malveaux: Suzette Malveaux, Law Professor at CU says she supports the SCOTUS Nominee | KOA News Radio

Anonymous — Sun, 27 Mar 2022 22:29:07 +0000

Suzette Malveaux: Suzette Malveaux, Law Professor at CU says she supports the SCOTUS Nominee | KOA News Radio Anonymous (not verified) Sun, 03/27/2022 - 16:29

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Suzette Malveaux Awarded Moses Lasky Professorship

Anonymous — Thu, 20 Jan 2022 00:26:57 +0000

Suzette Malveaux Awarded Moses Lasky Professorship Anonymous (not verified) Wed, 01/19/2022 - 17:26

Colorado Law Professor Suzette Malveaux has been named Moses Lasky Professor of Law, one of the school’s highest faculty distinctions. With this honor, Professor Malveaux joins a previously named Moses Lasky Professor, Sarah Krakoff, who is on leave while serving the Biden administration as Deputy Solicitor for Parks and Wildlife.

Professor Malveaux currently serves as Provost Professor of Civil Rights Law and as the Director of The Byron R. White Center for the Study of American Constitutional Law.

“Colorado Law couldn’t be prouder to count Professor Malveaux among our extraordinary faculty,” remarks Dean of the Law School Lolita Buckner Inniss. “As a leader, both in our community and beyond, she embodies values our school holds dear—namely the vigorous pursuit of justice, excellence, and exceptional civic engagement.”

Professor Malveaux teaches Civil Procedure, Employment Discrimination, and Constitutional Civil Rights Law. She researches and publishes on the intersection of civil procedure and civil rights and co-authored Class Actions and Other Multi-Party Litigation; Cases and Materials (West, 2006, 2012). She is also a member of the American Law Institute and Chair of the AALS Civil Procedure Section.

Professor Malveaux graduated magna cum laude from Harvard University and earned her J.D. from NYU School of Law as a Root-Tilden Scholar. Upon graduation, she clerked for the federal district court (SDNY) for the Honorable Robert L. Carter.

As a practitioner, she has tackled complex legal matters in high profile civil rights cases at the federal trial and appellate court levels. In 2011, she represented over 1.5 million women in Wal-Mart v. Dukes, the largest employment discrimination class action in U.S. history to date. For six years, Professor Malveaux served as pro bono counsel to the plaintiffs in Alexander v. State of Oklahoma, a suit filed against Tulsa by victims of the 1921 Tulsa Race Riot. As part of a team of attorneys, she represented the riot victims before the U.S. federal courts, the Inter-American Commission on Human Rights (Organization of American States), and the U.S. House of Representatives.

Moses Lasky ‘28, for whom the professorship is named, remains one of the law school’s most exceptional graduates. A titan of trial and appellate law, Lasky appeared before the U.S. Supreme Court nearly 50 times and was nationally renowned for his intellect and legal acumen.

Colorado Law Professor Suzette Malveaux has been named Moses Lasky Professor of Law, one of the school’s highest faculty distinctions.

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Stevens Lecture Showcases Sixth Circuit Judge Bernice Donald

Anonymous — Fri, 29 Oct 2021 22:17:02 +0000

Stevens Lecture Showcases Sixth Circuit Judge Bernice Donald Anonymous (not verified) Fri, 10/29/2021 - 16:17

Kehinde Winful , April Fortner

Professor Suzette Malveaux, Judge Bernice Donald, and Dean Lolita Buckner Inniss.

Celebrating its tenth anniversary, the 2021 John Paul Stevens Lecture took place on October 19 virtually and in-person at the University of Colorado Law School. The Honorable Bernice B. Donald of the United States Court of Appeals for the Sixth Circuit spoke on defining the “Rule of Law.” Opening remarks were given by Dean Lolita Buckner Inniss, Professor Suzette Malveaux, director of the Byron R. White Center and Provost Professor of Civil Rights Law; and Kathryn A. Starnella, president-elect of the Colorado Women's Bar Association, a co-sponsor of the event.

In her lecture, Judge Donald reflected on the judiciary and the legal system as she prepares to take senior status. Before the backdrop of the Memphis Massacre of 1866, Judge Donald spoke about the hope that the law would someday be viewed as a system that was applied equally to all people. In a symbolic story, Judge Donald told the crowd of one of her earliest experiences as a judge in Mississippi. On her first day as a judge, she, a Black judge, had two Black clerks, a Black bailiff, Black guards, a Black prosecutor, and a white male defendant. Judge Donald recalls that the defendant, having walked into a courtroom where no one looked like him, asked for a continuance, which she granted. When the defendant returned weeks later, Judge Donald recalls that he had a Black attorney with him. Judge Donald grappled with the fact that the defendant may have felt he could not have received a fair chance because he was white and everyone else in the courtroom was Black. After this experience, Judge Donald asked to diversify her courtroom. The takeaway of this experience was that the perception of justice is just as important as justice itself. That is to say, that in defining the “Rule of Law,” we must not only look at how the law impacts “our” people, or people that look like us, but rather all people.

Professor Suzette Malveaux speaks with Judge Bernice Donald during the 2021 Stevens Lecture.

During the fireside chat with Professor Malveaux, Judge Donald told many short stories, all of which centered around the importance of the perception of justice and the “Rule of Law.” She grappled with the critical question: How do we as a society come to agree on what “Rule of Law” means? A woman of many firsts, Judge Donald has become accustomed to the public gaze. Addressing the perception of herself as a “dissenting judge,” Judge Donald spoke both to the importance of collegiality and to the importance of having her voice heard, referencing Justice Harlan's dissent in Plessy, in which it took 50 years for the dissent to become the majority. Speaking on courage, Judge Donald told the audience about her parents who grew up with far fewer opportunities than she did and how, because of that, she had the courage to go forward. She recalled the words of her mother: “You are just as good as everyone else.”

Jude Donald’s insights into the legal profession were brought to the forefront as student leaders asked her questions ranging from what her decision-making process looks like and how it has changed over the years to how the tensions between the First Amendment and civil rights should be resolved. When she was asked if she thought whether Black women have truly made progress in the legal field since the 1960s and 70s, or if she still thinks there is a long way to go, she answered, “yes and yes.” Ultimately, Judge Donald emphasized the importance of reaching back to help those who are coming after you once you have arrived at where you are going.

April Jones, president of the Sam Cary Bar Association, a co-Sponsor of the event, gave closing remarks and presented Judge Donald with a gift from the community. Following the lecture and fireside chat, there was an outdoor reception and intimate dinner with invited guests at Hotel ��«��Ƶado.

In the days following the Stevens Lecture, April Fortner, student and Fellow of the Byron White Center says, “My biggest takeaway was to go for your goals, even if the road is long and hard. Persevere, don't give up. She faced an incredibly challenging road to get where she is, and I am truly inspired by Judge Donald.”

L-R: Kathryn Starnella (president-elect of Colorado Women’s Bar Association); Kehinde Winful, BWC Fellow; Professor Suzette Malveaux; Judge Bernice Donald; Dean Lolita Buckner Inniss; Veronica Gonzalez; and Erin Vanek, BWC Fellow.

Watch a recording of the 2021 Stevens Lecture

[video:https://youtu.be/fGBxG-e5NUI]

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