Rights and Wrongs: A Constitution Day Conference at San Francisco State University

September 18-19, 2023

San Francisco State University has a proud tradition of sponsoring Constitution and Citizenship Day conferences, which provides opportunities to reflect critically on the past, present and future of constitutional rights, freedoms, citizenship, democracy, equality and justice. This year’s conference will feature two keynote speakers who will help us commemorate the 50th anniversary of San Antonio Independent School District v. Rodriguez (1973) and the 200th anniversary of Johnson v. M’Intosh (1823).

Further details about the conference program will be announced in the coming weeks. The conference coordinator is Marc Stein, Jamie and Phyllis Pasker Professor of History (marcs@sfsu.edu). 

Rights and Wrongs Conference poster

Keynote Speakers

Rachel F. Moran, Professor of Law at Texas A&M Univ. School of Law

Rachel F. Moran

Rachel F. Moran will present “The Right to Education and the Road Not Taken.” Moran is Professor of Law at Texas A&M Univ. School of Law.  Prior to that, she was Distinguished and Chancellor’s Professor of Law at UC Irvine School of Law, Michael J. Connell Distinguished Professor of Law and Dean Emerita at UCLA Law, and the Robert D. and Leslie-Kay Raven Professor of Law at Berkeley Law. She helped to found the UC Irvine law school in 2008. Moran has written over 100 articles and chapters exploring bilingual education, desegregation, affirmative action, and other topics. She is the author of Interracial Intimacy (U. Chicago Press, 2001), co-editor of Race Law Stories (Foundation, 2008), and co-author of Educational Policy and the Law (Cengage, 2011). As the inaugural Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation (ABF), she helped launch an initiative on "The Future of Latinos in the United States: Law, Opportunity, and Mobility." Moran is a member of the American Law Institute and the ABF, a member of the Board of Trustees for the Law and Society Association, and Past President of the Association of American Law Schools (AALS).

Kristen Carpenter, Council Tree Professor of Law and Director of the American Indian Law Program at the Univ. of Colorado Law School

Kristen Carpenter

Kristen Carpenter will present “Indigenous Lands and Human Rights in the United States.” Carpenter is the Council Tree Professor of Law and Director of the American Indian Law Program at the Univ. of Colorado Law School. She served as chair and member of the United Nations Expert Mechanism on the Rights of Indigenous Peoples from 2017 to 2021. With colleagues at the Native American Rights Fund, Carpenter serves as co-director of The Implementation Project, which advances the UN Declaration on the Rights of Indigenous Peoples through education and advocacy. She also serves as a Justice of the Shawnee Tribe Supreme Court. The author of many academic articles and several books, her recent works include “‘Aspirations’ and Indigenous Peoples’ Human Rights in the United States (Harvard Human Rights Journal, 2023); “Living the Sacred: Indigenous Peoples and Religious Freedom” (Harvard Law Review, 2021), and “Indigenous Peoples and Diplomacy on the World Stage” (American Journal of International Law, 2021). Carpenter is a co-author of Cases and Materials on Federal Indian Law (7th ed., 2017). Carpenter has been a visiting professor at Harvard Law School and is an elected member of the American Law Institute. She is a graduate of Dartmouth College and Harvard Law School.

The sponsors are the College of Liberal & Creative Arts, the History Department, the Jamie and Phyllis Pasker Chair in U.S. History, and the History Students Association.

 

Schedule

Monday, 18 September

Moderator: Daniel Bernardi (SF State School of Cinema)

  • M. Ernita Joaquin (SF State Public Administration Program): “A Hole in the Constitution: The Right and the Wrongs of a Deconstructed Administrative State”
  • Sheldon Gen (SF State Public Administration Program): “‘So I Swore to Uphold the Constitution--Now What?’: Public Service Careers in a Meaningful Life”
  • Jennifer Shea (SF State Public Administration Program): “Navigating Essentially Contested Constitutional Values: A Role for Nonprofit Professionals?”

Moderator: Sue Englander (SF State History Department)

  • Steve Harris (SF State History Department): Changing the Constitution: A Proposal to Start Anew
  • Commentator: Nicholas D. Conway (SF State Political Science Department)
  • Commentator: Rebecca M. Eissler (SF State Political Science Department)

Moderator: Amanda Michelle Roberti (SF State Political Science Department)

  • Mark Leinauer (SF State Political Science Department): “What Remains after Dobbs? How Some Small Victories for Abortion Access Are Still Possible”
  • Kurt Nutting (SF State Philosophy Department): “The Supreme Court’s Use of ‘Originalist’ Theories of Constitutional Interpretation in Dobbs

Moderator: James Martel (SF State Political Science Department)

  • Persis Karim (SF State Comparative and World Literature Department): “Inside, Outside, and All Around: Political Trends that Undermine Academic Freedom”
  • Jeff Greensite (SF State Physics and Astronomy Department): “On the Right to Tell People What They Do Not Want to Hear”
  • Maziar Behrooz (SF State History Department): “Academic Freedom: The Controversy over the Imaginary Portrait of Prophet Muhammad”

Welcome: Dean Ifeoma Kiddoe Nwankwo, College of Liberal & Creative Arts

Biography: Moran is Professor of Law at Texas A&M University School of Law.  Prior to that, she was Distinguished and Chancellor’s Professor of Law at UC Irvine School of Law, Michael J. Connell Distinguished Professor of Law and Dean Emerita at UCLA Law, and the Robert D. and Leslie-Kay Raven Professor of Law at Berkeley Law. She helped to found the law school at UC Irvine in 2008. Moran has written over 100 articles and chapters exploring bilingual education, desegregation, affirmative action, and other topics. She is the author of Interracial Intimacy: The Regulation of Race and Romance (U. Chicago Press, 2001), co-editor of Race Law Stories (Foundation, 2008), and co-author of Educational Policy and the Law (Cengage, 2011). As the inaugural Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation (ABF), she helped launch an initiative on "The Future of Latinos in the United States: Law, Opportunity, and Mobility." Moran is a member of the American Law Institute and the ABF, a member of the Board of Trustees for the Law and Society Association, and Past President of the Association of American Law Schools (AALS).

Moderator: Marc Stein, SF State History Department

 

Tuesday, 19 September

Welcome: Gregg Castro, t'rowt'raahl Salinan/rumsen & ramaytush Ohlone, Association of Ramaytush Ohlone Culture Director

Biography: Carpenter is the Council Tree Professor of Law and Director of the American Indian Law Program at the University of Colorado Law School. She served as chair and member of the United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) from 2017 to 2021. With colleagues at the Native American Rights Fund, Carpenter is now co-director of The Implementation Project, which advances the United Nations Declaration on the Rights of Indigenous Peoples through education and advocacy. She also serves as a Justice of the Shawnee Tribe Supreme Court. The author of many academic articles and several books, she coedited The Indian Civil Rights Act at Forty (UCLA American Indian Studies Center, 2012); coedited Cohen’s Handbook of Federal Indian Law (Lexis, 2015 and 2017); and coauthored Cases and Materials on Federal Indian Law (West, 2017). Carpenter has been a visiting professor at Harvard Law School and is an elected member of the American Law Institute. She is a graduate of Dartmouth College and Harvard Law School.

Moderator: Marc Stein, SF State History Department

Moderator: Tanya Hollis (SF State Labor Archives and Research Center)

  • Robert Cherny (SF State History Department, Emeritus), “San Francisco Communists v. the Supreme Court”

This session is cosponsored by the Labor Archives and Research Center.

Moderator: Amy Sueyoshi (SF State Provost)

  • Marc Stein (SF State History Department): “Cruel and Unusual Punishment for a Trans Sex Worker: Perkins v. North Carolina (1964)”
  • Clare Sears: (SF State Sociology and Sexuality Studies Department): “Dress and Defiance: From Nineteenth Century Cross-Dressing Laws to Twenty-First Century Drag Show Bans”
  • A. Ikaika Gleisberg: (SF State Sociology and Sexuality Studies Department): “Unsettling Trans Militarism: A Trans of Color Abolitionist Critique on the Limits of Inclusion”

Moderator: Robert Keith Collins (SF State American Indian Studies Department)

  • Mario X. Burrus (University of California, Berkeley, History Department): “‘One Eighth African Blood’: From Plessy to Loving and the Legal Fallacies of Jim Crow Logic”
  • Margot Lipin (University of California, Berkeley, Jurisprudence and Social Policy Program): “‘Bloody Phrases’: White Supremacy, Violence, and Liberalism in U.S. v. Cruikshank (1876)”
  • Tara Madhav (University of California, Berkeley, History Department): “Criticisms of the Private/Public Distinction in Black Radical Thought”

Moderator: Marc Stein (SF State History Department)

  • Radhika Rao (University of California College of Law, San Francisco): “America’s Abortion Theocracy”

 

Call for Papers, Presentations and Panels:

At long last, it feels like the right time to again release an open call for papers, presentations, panels, roundtables, teach-ins, and workshops for “Rights and Wrongs: A Constitution and Citizenship Day Conference” at San Francisco State University. The 2023 event will take place on Monday and Tuesday, 18-19 September. It’s an opportunity to gather together with colleagues, collaborators, and comrades, along with activists, advocates, students, and community members from SFSU, the Bay Area, and elsewhere. It’s an opportunity to reflect on the rights and wrongs that influence and inform our lives. It’s an opportunity to listen and learn, share work, build community, and support social justice.

We welcome proposals on multiple topics related to rights, wrongs, constitutional law, legal citizenship, and social change. We are especially interested in presentations related to the 200th anniversary of Johnson v. M’Intosh, the 50th anniversary of Roe v. Wade, and the 50th anniversary of San Antonio Independent School District v. Rodriguez, along with those that might help us deepen our understanding of today’s debates about constitutional rights and wrongs. Proposals (maximum 250 words) should be submitted by 12 June 2023 to marcs@sfsu.edu. We welcome individual and group submissions; for the latter, we encourage proposals that include presenters from multiple educational institutions. Be advised that most sessions will be scheduled for 75 minute time blocks to align with SFSU class schedules; this means that two 20-minute presentations, three 15-minute presentations, or four 10-minute presentions often work best; we can supply chairs/moderators on request. Please submit short vitas/resumes for all participants. Recommended topics include but are not limited to:

  • Abortion Rights and Reproductive Justice
  • Academic Labor Law
  • Affirmative Action
  • Educational Censorship
  • “Free Speech” and “Academic Freedom” at Colleges and Universities
  • Gun Rights and Public Safety
  • Judicial Ethics and the Supreme Court
  • Legislative Redistricting
  • LGBTQ Equality
  • Racialized Policing
  • Reforming the Supreme Court
  • Religious Exceptionalism in Law and Politics
  • Slavery, Freedom, and Reparations
  • Voting Rights

Accessibility

The Rights and Wrongs conference welcomes persons with disabilities and will provide reasonable accommodations upon request. SF State students, faculty and staff with disabilities who need reasonable accommodations are encouraged to contact the Disability Programs and Resource Center (DPRC), which is available to facilitate the reasonable accommodations process. The DPRC is located in the Student Service Building and can be reached by telephone (voice/(415) 338-2472, video phone/(415) 335-7210) or by email (dprc@sfsu.edu). Others who need reasonable accommodations for this event can contact Marc Stein at marcs@sfsu.edu as soon as possible so the request can be reviewed.

Acknowledgements

Grateful acknowledgement to Interim Dean Sophie Clavier and Dean Ifeoma Kiddoe Nwankwo for the support of the College of Liberal & Creative Arts; Laura Lisy-Wagner (Chair) for the support of the History Department; Alexis Cabrera for website management; Audrey Chuck for financial administration; Academic Technology for ilearn support; and Sana Hussaini for poster design. We also acknowledge with appreciation the Pasker/Pittman families for their generous support of the Jamie and Phyllis Pasker Chair, which supports historical and legal studies at SF State.

View Past Events:

Constitution Day 2022

Constitution Day 2021

Constitution Day 2020