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The Ever-evolving Definition of America's History and Tradition


Total Credits: 6 including 5 Alabama CLE Credit, 1 Ethics Credits

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Faculty:
Ronald Krotozinski |  Helen Norton |  Ian Ayers |  Robert J. Cottrol |  Ray Diamond |  Joyce Lee Malcolm |  James Porter |  Fredrick Vars |  Paul A. Gowder |  Ederlina Co |  Rachel Rebouche |  Allison Whelan |   5 more....
Location:
The University of Alabama School of Law - Tuscaloosa, Alabama

Dates


Description

The Alabama Civil Rights and Civil Liberties Law Review is proud to announce its symposium The Ever-evolving Definition of Americas History and Tradition, to be hosted on February 6, 2026, at The University of Alabama School of Law. This symposium will examine the Roberts Court's growing reliance on historical analysis, reflecting a shift towards originalism that has reshaped the Court's interpretation of civil rights and liberties. 
Keynote Speaker Deborah Archer plays several roles in the realm of civil rights and liberties, but some of the most notable include her role as President of the American Civil Liberties Union and Faculty Director of the Community Equity Initiative at New York University School of Law. Her keynote address will connect our panelists' discussions on history and tradition while capturing the present and future landscape of fundamental rights. 
The first panel will assess the expansion of executive power in the context of the First Amendment. Specifically, panelists will consider the effects of such power on administrative agencies, educational institutions, and private legal entities. 
The second panel will explore the profound shift in Second Amendment jurisprudence following the Supreme Court's landmark decision in New York State Rifle & Pistol Association v. Bruen 
(2022). This panel will also address the striking contrast in the Court's more recent ruling in United States v. Rahimi (2023). 
The third panel will engage in a critical discussion of the Supreme Court's decision in Dobbs v. Jackson Womens Health Organization (2022), which overturned Roe v. Wade (1973) substantive due process jurisprudence. 
The fourth and final panel will focus on how the Supreme Court can account for differences in history and tradition, with a specific emphasis on countermovements like the Civil Rights Movement and the Second Founding. 

Faculty

Ronald Krotozinski's Profile

Ronald Krotozinski Related Seminars and Products

The University of Alabama School of Law


Professor Krotoszynski earned his B.A. and M.A. from Emory University  and J.D. and LL.M. from Duke University where he was articles editor for  the Duke Law Journal and selected for Order of the Coif. He clerked for  the Honorable Frank M. Johnson, Jr, of the United States Court of  Appeals for the Eleventh Circuit and was an associate with Covington  & Burling, D.C.  Prior to joining the faculty at the University of  Alabama School of Law, Professor Krotoszynski served on the law faculty  at Washington and Lee University and, prior to that, on the law faculty  of the Indiana University School of Law-Indianapolis.  He also has  taught as a visiting professor at the Washington and Lee University  School of Law, the Marshall-Wythe School of Law at the College of  William and Mary, at the Florida State University College of Law, and at  Brooklyn Law School.  Krotoszynski has held appointments as a visiting  scholar in residence at the University of Washington-Seattle School of  Law, the Seattle University School of Law, and the Lewis and Clark  School of Law.


Helen Norton's Profile

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University of Colorado School of Law


Helen Norton is University Distinguished Professor and Rothgerber Chair in Constitutional Law at the University of Colorado School of Law. Her scholarly and teaching interests include constitutional law (especially First Amendment and equal protection law), and antidiscrimination law. Before entering academia, Professor Norton served as Deputy Assistant Attorney General for Civil Rights at the U.S. Department of Justice, on President-elect Barack Obama's transition team, and as Director of Legal and Public Policy at the National Partnership for Women & Families. She currently also serves as Deputy Solicitor General on Constitutional and Civil Rights for Colorado's Attorney General. She has been honored with the Excellence in Teaching Award on multiple occasions and appointed as a University of Colorado Presidential Teaching Scholar. Her work has been published by Cambridge University Press, Duke Law Journal, Northwestern University Law Review, Stanford Law Review Online, and the Supreme Court Review, among others.


Ian Ayers's Profile

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Yale University


Ian was born and raised in Kansas City, Missouri, received their B.A. (majoring in Russian studies and economics) and J.D. from Yale and their Ph.D in economics from M.I.T. Professor Ayres clerked for the Honorable James K. Logan of the Tenth Circuit Court of Appeals. They have previously taught at Harvard, Illinois, Northwestern, Stanford and Virginia law schools and has been a research fellow of the American Bar Foundation. From 2002 to 2009, Ian was the editor of the Journal of Law, Economics and Organization.

They are the Oscar M. Ruebhausen Professor & former Deputy Dean at Yale Law School, a Professor at Yales School of Management, and a Professor in Yale School of Public Health.  Professor Ayres has been a columnist for Forbes magazine, a commentator on public radios Marketplace, and a contributor to the New York Times’ Freakonomics Blog. Their research has been featured on PrimeTime Live, Oprah and Good Morning America and in Time and Vogue magazines.  Ian has published 13 books (including the New York Times best-seller, Super Crunchers) and over 100 articles on a wide range of topics. Ians latest book is Retirement Guardrails: How Proactive Fiduciaries Can Improve Plan Outcomes (with Quinn Curtis).  Ian is a co-founder of stickK.com, a web site that helps you stick to your goals.


Robert J. Cottrol's Profile

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George Washington University Law School


Robert J. Cottrol is the Harold Paul Green Research Professor of Law at the George Washington University Law School, and Professor of History and Sociology at the Columbian College of Arts and Sciences at George Washington. He also lectures on a regular basis at La Universidad del Salvador in Buenos Aires, Argentina. His 2023 book TO TRUST THE PEOPLE WITH ARMS: THE SUPREME COURT AND THE SECOND AMENDMENT (co-author Brannon P. Denning, publisher University Press of Kansas) won the Thomas M. Cooley Prize from the Georgetown Center for the Constitution for 2025. He has written extensively on the legal history of race relations in the United States and Latin America. His previous books include: THE LONG, LINGERING SHADOW: SLAVERY, RACE AND LAW IN THE AMERICAN HEMISPHERE and BROWN V. BOARD OF EDUCATION: CASTE, CULTURE AND THE CONSTITUTION (co-authors, Raymond T. Diamond. Leland B. Ware, publisher University Press of Kansas, which was awarded the David Langum Sr. Prize by the Langum Project for Historical Literature. Robert Cottrol is currently co-editing a book SCENES FROM THE SHADOWS: AFRO-ARGENTINE LIFE IN THE TWENTIETH CENTURY (co-editor Lea Geler)


Ray Diamond's Profile

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Louisiana State University Law Center


Joyce Lee Malcolm's Profile

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Antonin Scalia Law School, George Mason Uniiversity


Joyce Lee Malcolm is an historian focusing on individual rights and legal history. She is Patrick Henry Professor of Constitutional Law and the Second Amendment, emer. at Antonin Scalia Law School, George Mason University. In addition to numerous articles in law reviews and the popular press, she is the author of nine books, the latest, The Times that Try Men’s Souls, explores the lives of families divided at the American Revolution. To Keep and Bear Arms: The Origins of an Anglo-American Right, published by Harvard University Press, tracks the origins of the right to be armed and was cited in the landmark Supreme Court cases District of Columbia versus Heller and McDonald versus City of Chicago. A second book, Guns and Violence: The English Experience, examines the impact of firearms and policy on crime and violence in England. The Tragedy of Benedict Arnold was praised in The Washington Post as “a fine biography, the best in recent memory.” Peter’s War: A New England Slave Boy and the American Revolution, tells the story of Peter, sold as a toddler in Massachusetts, who fought for the patriot cause. Her essays have appeared in leading newspapers and she has been a guest on numerous radio and TV programs. Malcolm has been awarded research grants from, among others, Harvard Law School, the American Bar Association, and the National Endowment for the Humanities.


James Porter's Profile

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Bradley Arant Boult Cummnings LLP


Jay Porter is a litigation partner in the Birmingham office of Bradley Arant Boult Cummings, LLP. One of Jay’s areas of expertise is the representation of individuals, the firearms industry, and advocacy groups – including the National Rifle Association, in Second Amendment challenges to various firearms restrictions based in state and federal courts nationwide. In addition to representing litigants, Jay and his colleagues also regularly submit amicus briefs to Courts of Appeal and the Supreme Court, advocating for Second Amendment rights. Among other high-profile matters, Jay and his colleagues represented the New York State Rifle and Pistol Association at the trial level and before the Second Circuit Court of Appeals in Bruen.

Noteworthy related matters include: Kolbe v. Hogan, Worman v. Healey, Doe v. Governor of Penn., MSI v. Moore, NRA v. Glass, Butler v. Bondi, NSSF v. Brown, NYSRPA v. James, Hanlon v. Campbell, and Vreeland v. City of Knoxville.

Jay is a graduate of Dartmouth College and the University of Alabama School of Law, and clerked for Judge Robert Propst in the Northern District of Alabama.


Fredrick Vars's Profile

Fredrick Vars Related Seminars and Products

The University of Alabama School of Law


Professor Fred Vars joined the faculty of the University of Alabama School of Law in the summer of 2008 after practicing law for six years at Miller Shakman & Beem LLP in Chicago. His practice included all phases of civil litigation, with an emphasis on legal malpractice. Professor Vars teaches Property, Decedents’ Estates, and Mental Health Law. His research interests include mental health and empirical analysis of law. He is a former law clerk to Judge Bruce M. Selya on the U.S. Court of Appeals for the First Circuit and Judge Joan B. Gottschall on the U.S. District Court for the Northern District of Illinois. Professor Vars also served as Fellow in the Center for the Study of Corporate Law at Yale Law School. Professor Vars received his A.B. from Princeton University (Woodrow Wilson School of Public and International Affairs) and J.D. from Yale Law School, where he served on the editorial board for The Yale Law Journal.


Paul A. Gowder's Profile

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Northwestern University's Pritzker School of Law


Paul Gowder is the Frederic P. Vose Professor of Law at Northwestern University's Pritzker School of Law. He is the author of three books: The Rule of Law in the Real World, The Rule of Law in the United States: An Unfinished Project of Black Liberation, and The Networked

Leviathan: For Democratic Platforms. His research spans fields including political and legal philosophy, racial justice, constitutional theory, platform governance, and classical Athenian law. A member of the Global Rule of Law Commission of the European Public Law Organization and the American Law Institute, he holds a Ph.D. from Stanford in political science and a J.D. from Harvard. Formerly, he was a legal aid and civil rights lawyer.


Ederlina Co's Profile

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University of the Pacific, McGeorge School of Law


Ederlina Co is an Associate Professor of Law at the University of the Pacific, McGeorge School of Law where she teaches Global Lawyering Skills, the Prisoner Civil Rights Mediation Clinic, and Reproductive Rights and Justice.

Professor Co’s scholarship is focused on issues that arise in the area of reproductive rights and justice. She recently published Eclipsed: Pregnant Women in the Post-Roe Era with Drexel Law Review and Abortion Privilege with Rutgers Law Review. Her next article, Seeing Through Blind Spots: Lessons in Intersectionality from the Suffrage Movement for Abortion Rights and Justice is forthcoming in Northeastern University Law Review. Professor Co is also a contributing author to Feminist Judgments: Reproductive Justice Rewritten published by Cambridge Press in 2020. Outside of reproductive rights and justice, Professor Co has published works related to equity in legal education, alternative dispute resolution, and cultural competency in the legal profession.

Prior to joining the faculty at McGeorge, Professor Co practiced law in both the private and public sectors, including as Counsel at NARAL Pro-Choice America (now Reproductive Freedom for All) in Washington, DC.


Rachel Rebouche's Profile

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The University of Texas School of Law


Rebouché is a leading scholar in reproductive rights and health; she teaches courses on contracts, family law, and health care law. She is the author or editor of eight books, including two casebooks on contracts and family law; the author of numerous articles published in journals such as the Stanford Law Review, Columbia Law Review, among others; and a frequent contributor to national media outlets and newspapers. She serves as the Faculty Director of the Sissy Farenthold Reproductive Justice Defense Project.

Before joining Texas Law, Professor Rebouché was the Dean and Peter J. Liacouras Professor of Law at Temple University School of Law.


Allison Whelan's Profile

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Georgia State University College of Law


Allison M. Whelan is an Assistant Professor at Georgia State University College of Law and an Affiliate at Harvard Medical School’s Center for Bioethics. Her research and teaching encompass a broad set of medical, science, and social policy issues at the intersection of reproductive justice, administrative law, health and FDA law, constitutional law, and bioethics.

Before joining Georgia State, Allison was a Sharswood Fellow at the University of Pennsylvania Carey Law School and an Associate Fellow at the Leonard Davis Institute of Health Economics at the University of Pennsylvania. Prior to her fellowships, she practiced law at Covington & Burling LLP in Washington, DC, where she was a senior associate in the firm’s Food, Drug, and Device practice group.

Allison has published or has forthcoming articles in a number of journals, including the Georgetown Law Journal, Vanderbilt Law Review, George Washington Law Review, Harvard Journal of Law & Gender, and Chicago Legal Forum, among many others. She is also the author of numerous book chapters, op-eds, and commentaries.

Allison graduated, summa cum laude and Order of the Coif, from the University of Minnesota Law School in 2014, where she served as Lead Note and Comment Editor for the Minnesota Law Review. She also holds a Master of Arts in Bioethics from the University of Minnesota.


Montré D. Carodine's Profile

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The University of Alabama School of Law


A native of Louisiana, Professor Montré Denise Carodine her J.D. from Tulane Law School where she was on the Senior Editorial Board of the Tulane Law Review. After graduating from law school, Professor Carodine clerked for the Honorable Carl E. Stewart of the United States Court of Appeals for the Fifth Circuit. She then practiced as a litigation associate with Fulbright & Jaworski (now Norton Rose Fulbright) in Houston, Texas, from 2001-2004. She was on the law faculty at Washington and Lee University from 2004 to 2007. Professor Carodine teaches Evidence, Law & Popular Culture, Critical Race Feminism, and Major Race Trials. She has published several articles in top law journals, including the Indiana Law Journal, the UC Davis Law Review, the William and Mary Law Review, and the Maryland Law Review. She has also published several book chapters.

Professor Carodine has provided commentary to numerous national and local media outlets, including the Wall Street Journal, Time Magazine, NPR, USA Today, and AL.com, among others. She is a graduate of Birmingham’s FBI Citizens Academy, has chaired the American Association of University Women’s Selected Professions Panel and has served as a member of the Alabama Access to Justice Commission. Professor Carodine has served in numerous capacities at Alabama Law, including as Associate Dean and as Director of International Programs. She has been awarded the Commitment to Academic Excellence Award twice by Alabama Law’s Black Law Students Association.


Madiba Dennie's Profile

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Balls & Strikes


Madiba K. Dennie is an attorney, columnist, and professor whose work focuses on fostering an equitable multiracial democracy. The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back is her first book. Dennie is the Deputy Editor and Senior Contributor at the critical legal commentary outlet Balls and Strikes. In her previous role as a counsel at the Brennan Center for Justice, she provided legal and policy analysis regarding a range of democracy issues including the census, the courts, and attempts to disempower communities of color. Her legal and political commentary has been featured in The Atlantic, The Washington Post, and more. She has also taught at Western Washington University and NYU School of Law. She earned her law degree from Columbia Law School and her undergraduate degree from Princeton University, where she concentrated in Politics and earned a certificate in African-American Studies.


Reginald C. Oh's Profile

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CSU College of Law


Reginald Oh brings to the law school nine years of teaching experience and a lengthy roster of publications and presentations in this country and abroad. Professor Oh is a prolific scholar whose work is most often a careful examination of distributive justice, including the ways in which justice succeeds or fails when gender and race are involved.

History, politics, linguistic analysis, and race and gender studies inform articles such as "Interracial Marriage in the Shadows of Jim Crow: Racial Segregation as Racial and Gender Subordination" in the University of California Davis Law Review (2006) and "Discrimination and Distrust: A Critical Linguistic Analysis of the Discrimination Concept" in the University of Pennsylvania Journal of Constitutional Law (2005). "Regulating White Desire," which examines the gendered nature of racial segregation, was published in the Wisconsin Law Review in 2007. "Fear of a Multiracial Planet: Loving’s Children and the Genocide of the White Race" was published in the Fordham Law Review in 2018.

At Cleveland-Marshall, Professor Oh teaches Civil Procedure, a Constitutional Law Seminar on the Fourteenth Amendment, and a seminar on Legal Issues in Education. Professor Oh is also a widely sought and widely traveled lecturer; in a two-year span he spoke at more than 30 national and international conferences. In July 2007, he presented "Race, Racism and Belonging" at the International Congress for Law and Mental Health in Padua, Italy; in March 2007 he lectured on "Reading Brown through Loving: Racial Segregation and the Promotion of White Supremacy" at the University of Iowa College of Law, and "Racial Segregation and the Thirteenth Amendment" at the Tenth Annual Conference for the Association of the Study of Law, Culture, and the Humanities at Georgetown University.


Daniel Rice's Profile

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University of North Carolina School of Law


Daniel Rice is an Assistant Professor of Law at the University of North Carolina School of Law. His research focuses primarily on the fields of constitutional law and federal Indian law. Rice’s recent scholarship explores the interaction between cultural and legal change, the interpretive significance of moral outrage, and the relationship between memory and legal tradition. His work has appeared (or will appear) in several leading journals, including the Michigan Law Review, Virginia Law Review, California Law Review, Minnesota Law Review, and Washington University Law Review.

Rice clerked for Judge Sri Srinivasan of the U.S. Court of Appeals for the D.C. Circuit, as well as Judge Christopher Cooper of the U.S. District Court for the District of Columbia. Prior to joining academia, he worked as an attorney at the Institute for Constitutional Advocacy and Protection at the Georgetown University Law Center. Rice graduated first in his class from the Duke University School of Law, where he was a Mordecai Scholar. He is a citizen of the Cherokee Nation.


Thomas A. Saenz's Profile

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MALDEF


Thomas Saenz is President and General Counsel of MALDEF; he leads the organization in pursuing litigation, policy advocacy, and community education to promote the civil rights of all Latinos living in the United States in the areas of education, employment, immigrants’ rights, and voting rights. Saenz rejoined MALDEF in August 2009, after four years on Los Angeles Mayor Antonio Villaraigosa's executive team. He previously spent 12 years at MALDEF practicing civil rights law, including four years as litigation director. He has served as lead counsel for MALDEF in numerous cases, including challenges to California Proposition 187, California Proposition 227, and California congressional redistricting. In 2016, Saenz argued before the U.S. Supreme Court in United States v. Texas, representing intervenors defending Obama Administration deferred action initiatives. Saenz graduated from Yale College and Yale Law School; he clerked for two federal judges before initially joining MALDEF in 1993.


Location

The University of Alabama School of Law

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101 Paul W. Bryant Drive East, Tuscaloosa, Alabama 35401, United States
(205) 348-5440
www.law.ua.edu