Join Me in NYC for Two Talks on November 4

I have the privilege of participating in two panels in New York City this Monday, November 4. The first is a lunchtime event sponsored by NYU Law Review and the Center on Race, Inequality, and the Law on “Race and an Exclusionary Democracy.”

The second is an evening event on the impeachment proceedings against Donald Trump and the their implications for the future of our democracy. It’s sponsored by the Sorensen Center for International Peace and Justice and the CUNY Law Office of Student Affairs.

Both events are open to the public, but require an RSVP. The details and registration links for each event are below. If you in the city Monday, I hope you will join me.

nyu

NYU Law Review Lunchtime Series on The Anatomy of Racism and Inequality: Race and an Exclusionary American Democracy

November 4, 2019, 12:30 to 2:00 pm, Lester Pollack Colloquium
Event details
RSVP

This panel will explore how racial identity has colored American democracy and political participation.  Panelists will discuss how racism, xenophobia, and religious intolerance have impacted public conceptions of who is an American, and therefore who has the right to vote and otherwise participate in the nation’s political life.  The panelists will also consider contemporary efforts to expand and restrict active engagement in the democratic process including discriminatory redistricting efforts, voter ID laws, and felon disenfranchisement.

Panelists:

Khaled Beydoun, University of Detroit Mercy School of Law

Atiba Ellis, Marquette University Law School

Ryan Haygood, New Jersey Institute of Social Justice

Danielle Lang, Campaign Legal Center

Myrna Perez, Brennan Center for Justice

Moderated by Vincent Southerland, Center on Race, Inequality, and the Law, NYU School of Law.

 

cuny

Critical Voices: Impeachment and Beyond

November 4 ,2019, 5:00 pm – 6:30 pm
CUNY School of Law, 2 Ct Square W, Long Island City, NY 11101
Event details
RSVP

Join the Sorensen Center for International Peace and Justice and the CUNY Law Office of Student Affairs for a panel discussion with Atiba Ellis, Ruthann Robson, and B.J. Steiner on the impeachment inquiry against President Trump and its wider implications for democracy. Natalie Gomez-Velez will preside.

Atiba Ellis is a Professor of Law at Marquette University Law School who writes on democracy, voting, and race. Ruthann Robson is a Professor of Law and University Distinguished Professor at CUNY Law who is a frequent commentator on constitutional issues. B.J. Steiner is a third-year CUNY Law student who served as a Legal Fellow at Common Cause during this past summer where he co-wrote an accountability report on the case for an impeachment inquiry of President Trump with Karen Hobert Flynn and Paul Seamus Ryan. Natalie Gomez-Velez is a Professor of Law at CUNY Law who teaches Constitutional Law and directs the Center on Latino/a Rights and Equality.

Constitution Day Cross-Country Tour

I started my Constitution Day tour at my home institution, Marquette, on Monday. There I spoke to the ACS student chapter about constitutional values and the right to vote. Then I hopped on a plane and headed out to Penn State Law School for another discussion of constitutional values and their relationship to voter suppression. That was quite an adventure, as this tweet shows. The final leg of my tour takes me to the left coast and the University of Puget Sound. In fact, I am writing this post just before my flight to Tacoma. If you are in the Tacoma/Seattle area on Thursday at 5:00 pm, I hope you will join me.

Integrity, Equality, & the Fragility of the Right to Vote: A Constitution Day Lecture
University of Puget Sound
Thursday, Sept. 20 5:00 pm in the Rotunda

Constitution Day Lecture Poster2At the heart of the modern battles over the American right to vote is a tension between two constitutional values. On one side is the original Constitution and the autonomy it grants the states over the franchise. On the other are the Reconstruction Amendments and the modern demands for equality. With few textual caveats, the Constitution of 1789 gave states near-autonomy to shape the right to vote. Many states did so in a way that reflected an antebellum vision of citizenship rooted in popular (in its time) eighteenth-century notions of status, wealth, and identity—a definition that excluded many. This value of autonomy, and the social ordering underlying it, continues to influence the modern contours of voting rights despite the social transformations the United States has undergone. Yet these movements toward social transformation put the value of autonomy in tension with the value of equality, so that within a generation of the framing of the Constitution, the identity of the American citizen became a contested concept. This contest led to the post-Civil War amendment of the Constitution to include doctrines geared towards citizenry equality and the practice of federal intervention to insure enforcement of those doctrines. Thus, from a modern perspective, equality of citizens has become an important (and some may argue more important) a value as state autonomy. Yet this proposition remains a contested concept measured against the value of state autonomy. Thus, state autonomy (and its use to hold to the arguable residuary of an antebellum social order) and post-Reconstruction equality (and its use to form a new social order) continue to be at odds. This talk will offer perspectives on this competition of values within the right-to-vote context and describe how these tensions play out in the modern-day voter suppression debates.

Constitution Day 2018 — Marquette ACS TODAY at 1:00 PM CDT Room 342

Today — September 17 — is Constitution Day, the day the United States celebrates the signing of the Constitution. As part of celebrating Constitution Day, on or about September 17 educational institutions across the country have programming that discusses the Constitution in some way, shape or form.

The right to vote is of paramount importance to our constitutional framework. us-constitutionIt is this right that makes the US a democratic form of government, it is this right that is, in the words of the Supreme Court, “preservative of all other rights.”

This week I will be presenting a series of lectures regarding the Constitution and the Right to Vote. First off, today at 1:00 PM CDT here at Marquette University Law School, I will be speaking to the American Constitution Society chapter on the Right to Vote. The talk will be in Room 342 of Eckstein Hall.

This will be the first of three talks I will be giving as part of this Constitution Day lecture tour. Stay tuned for details about my talk tomorrow, September 18 at Penn State Law (University Park) and my talk this Thursday, September 20, at the University of Puget Sound.

 

Keeping Up With Atiba: October 2017 Edition

This has been a busy fall semester for me, and it’s only the second week of October! For this fall, I am the Boden Visiting Professor of Law at Marquette University Law School. As part of my position I am participating in several local speaking events over the next few weeks. If you are in the Milwaukee area, I would love to see you at one of these events. If you are reading this post from afar, several of my talks will be available online (see below for details).

Lecture on Gill v. Whitfordacs-logo
American Constitution Society
Thursday, October 12, 12:00 pm
Eckstein Hall, Room 363, Marquette University

I will be discussing the Gill v. Whitford case that was argued last week before the U.S. Supreme Court. I will also discuss how gerrymandering poses significant issues for the right to vote in the United States. Event details here.

What Are Athlete’s Rights? Part 1 – Activism SLS-B-W_69
National Sports Law Institute of Marquette University Law School’s Annual Conference: Maintaining the Integrity & Commercial Value of Sports While Protecting Athlete’s Rights
Friday, October 13, 3:05 – 4:15 pm
Eckstein Hall, Room 144

I have the privilege of participating in a panel discussion on athlete’s activism rights with both legal scholars and practicing sports law attorneys. In particular, I will be discussing the First Amendment context in which protests by athletes occurs and how the recent #TakeAKnee protest and similar contemporary activism against racism has shifted this discussion and unearthed underlying American dilemmas regarding race. Learn more at the conference website.

tedx-logoTEDxOshkosh performance: Using Memes to Break Out of Voter Fraud Talk
Saturday, November 4, 8 am – 6 pm
Grand Opera House in Oshkosh, WI

Voter fraud talk has dominated our last two elections, and policy makers and voters have divergent views of the problem. My talk will show us how the lens of memes can help us focus on the first principles of voting and the evidence around what makes voting effective.

To learn more and to register visit the TEDxOshkosh 2017 website. If you can’t attend, my talk will be available on the website after the event and I will post a link here and on Twitter and Facebook when it becomes available.

Lecture on Civil Rights issuesacs-logo
American Constitution Society
November 9, 12:15 pm
Marquette University. Building and room TBA.

The recent resurgence of the rhetoric of white supremacy and the open reversal of recent gains in antidiscrimination doctrine by the current administration has illustrated the importance of civil rights doctrine and the fragility of the constitutional consensus around American equality. At Marquette Law this semester, I have been teaching a course entitled “Contemporary Perspectives on Civil Rights,” which has explored through the lens of race the key principles behind this antidiscrimination consensus and the tensions in their application across a variety of legal contexts. My talk will explore some of these key principles and tensions and the likelihood of their continued applicability in the Era of Trump.

On the Issues: Voting Rights
November 16, 12:15 pm
Eckstein Hall, Marquette University

I will be speaking with Molly McGrath of the American Civil Liberties Union Voting Rights Project. Together, we will discuss how voting laws have changed in recent years, and what impact those changes might be having on our elections. Since the 2010 election, more than 20 states have enacted new voting laws. They range from photo ID requirements, to limits on early voting, to changes in voter registration rules. Supporters of the changes say the goal of the legislation is to guarantee the integrity of elections and prevent voter fraud. But opponents, such as McGrath and myself, say the new laws make it harder to vote, and have a disproportionate impact on minority communities.

Event is free, but registration is required. The talk might be live-streamed, so check back here and on my social media accounts for details.

Keeping Up With Atiba: SEALS 2017 Tropical Storm Edition

First of all—I’m happy to be back on the blog and sharing my work. I’ve taken time away from sabbatical, and over the next few weeks I’ll be sharing big events and projects coming up. But I wanted to kick off this post-sabbatical post by sharing what I’m up to at the Southeastern Association of Law Schools 2017 Annual Conference (SEALS).

So, I’m writing this from 30,000 feet as I look out of the window over the Florida coastline. I can see ocean, beach, and clouds, and my first reaction is—sun, shore, and scholarship—three of my favorite things.

My second thought: I’m flying into a tropical storm!

The delays caused by the storm have been minor, the storm should cross over today and move out tomorrow, so I’m hoping it will not dampen what promises to be an exciting conference. (And frankly, after attending these for years, I thought it only a matter of time before hurricane season caught up with a conference usually held in Florida in August!)

I wanted to highlight specifically the discussion groups and panels I’ll be involved in—if you can make it through the rain, stop by and dry off.

My SEALS Conference Schedule, In Brief

Monday, July 31

  • 3:00 PM: Beyond the Socratic Method in Trusts and Estates

Thursday, August 3

  • 9:00 AM: Reforming the Presidential Selection Process
  • 1:00 PM: Inside the Mind of the Outside Reviewer

Saturday, August 5

  • Book Projects and Publication in Election Law

SEALS: The Details

Today – Monday, July 31 – at 3:00 PM, I will be participating in a discussion group on teaching innovation in Trusts & Estates Law. In particular, I hope to discuss my work regarding how I have used social media and outside-the-box teaching materials to enliven my intro Trusts & Estates class. Here’s the abstract:

WORKSHOP ON TRUSTS AND ESTATES
Discussion Group: Beyond the Socratic Method in Trusts and Estates

Many trusts and estates courses have historically focused their teaching techniques on the traditional Socratic method, and much of trusts and estates scholarship has focused on the development of doctrine within the field itself. This discussion group will explore pedagogy that is expanding the ways of teaching and studying trusts and estates and related doctrines. The discussion group will address: 1) innovations in teaching, including both skills and doctrine; and 2) incorporating concepts from Elder Law, Family Law, Property, and Professional Responsibility into Trusts and Estates — and vice versa.

I will be presenting at two events on Thursday, August 3:

First, at 9:00 AM, I will be discussing my proposal for a National Primary Day (to unify all primaries on one day) as a means to improve the presidential nomination and selection process. This is part of the Constitutional Law Workshop sponsored by SEALS:

WORKSHOP ON CONSTITUTIONAL LAW
Discussion Group: Reforming the Presidential Nomination Process

This panel discusses the nature of the presidential nomination process and how it might be changed, improved, or reformed. Presidential candidates are winnowed though party primaries, and this winnowing process is controlled by the two major political parties, receiving little influence from ordinary voters and citizens. The timing of our presidential primaries, how our party primaries are conducted, how party convention delegates are chosen, and how the votes of delegates are counted are all issues that parties decide on their own. This panel examines the presidential nomination process, how it unfolds, the role that political parties play in it, and how American citizens might have more of an influence over it going forward.

Second, at 1:00 PM, I will be discussing the Promotion and Tenure process on a panel entitled “Inside the Mind of the Outside Reviewer.” The goal of our workshop is to give attendees a perspective on the process of and importance of the external review process to the overall process of gaining tenure and promotion. Read more in the abstract:

NEW SCHOLARS WORKSHOP
Inside the Mind of the Outside Reviewer

In the promotion and tenure process, mentors stress to junior faculty the need to create a scholarly agenda, to find an original niche in their field, and to place their work well. However, what is not often discussed is one very important data point in the tenure decision, the external reviewer. This panel will discuss the role of the external reviewer in the tenure process, the expectations that external reviewers have, and the strategies that pre-tenure faculty can implement early on to succeed in this critical part of the tenure evaluation process.

Saturday, August 5 at 1:00 PM, I’ll be moderating a discussion group on current book projects in the Election Law field. (I will be presenting my book proposal on voter fraud ideology and American democracy).

DISCUSSION GROUP
Book Projects and Publication in Election Law
As the recent election cycle has shown, issues surrounding election law remain germane to the public concerning the American political process. Election law, as a field, has continued to address these issues through not only scholarship and public intellectual engagement, but also through historical and contemporary book-length works that have examined key cases and issues in the field. This discussion group explores the development of this branch of book-length election law scholarship and provide an opportunity for election law scholars currently working on book-length projects to discuss their current work.

And in the coming days and weeks, I’ll write more about my book and other ongoing projects (including my Boden Visiting Professorship at Marquette University and [new addition] my upcoming TEDx talk this November. Stay tuned!

Keeping Up with Atiba: February Edition

Spring Semester: Sabbatical!

For this post, I want to announce my latest endeavor—sabbatical!

I am on leave from the West Virginia University College of Law this semester, and though I’ve been traveling last month, I am now living Durham, NC for the rest of the semester.

Specifically, I am spending this semester as a visiting scholar at the Duke University School of Law. I will use this time to work on a number of projects, including
sabbatical-sign

  • starting a long-term project on the theory (-ies) regarding race conscious remedies in modern civil rights law and their interrelationship with American democracy;
  • starting a project to amplify public engagement by law professors in this important time for issues of constitutional and civil rights law; and

I am appreciative to Duke Law, and in particular, Dean David Levi, Associate Dean for Faculty and Research Guy-Uriel Charles, Academic Affairs Assistant Elizabeth Brooks, and the staff of the Law School and the J. Michael Goodson Law Library for accommodating me.

My office is cozy but useful. And in case you’re worried that I’m off and about without supervision, know that I’ll be under the watchful eye of President Richard Nixon (or at least his portrait).

painting of Richard Nixon hung on the wall outside Atiba Ellis's research carrel

Summer & Fall: Conferences and A Visiting Professorship

As you can see, I’ll be busy in Durham this spring (when not watching basketball!). As publishable products from these projects emerge, I will share them here. And to the extent I have additional engagements on voting rights issues, race and the law issues, and other matters of general interest, I’ll share them here too. So, stay tuned.

One last note: planning for my summer and fall has already started. I’m looking ahead to several conferences this summer and fall (including the Law & Society International Meeting; the Southeastern Association of Law Schools 2017 annual meeting, and LatCrit 2017).

Most important—this fall of 2017 I will be the Boden Visiting Professor of Law at the Marquette University School of Law. This will offer further opportunities for public engagement and teaching that you may find interesting. More on this later.

Keeping Up With Atiba: MAPOC Edition

I am presenting today and tomorrow at the twenty-second Mid-Atlantic People of Color Legal Scholarship Conference. It is being held at the George Washington University Law School in Washington, DC, and the theme of the conference is “Legal and Political Change During the Obama Era.”

Today at 2:00 PM, I commented on a work-in-progress by Professor Khaled Beyhoun of the University of Detroit-Mercy School of Law. His work is entitled “Acting Muslim.”  Professor Beyhoun already has a tremendous national and international profile as an expert commentator on Islamophobia, critical theory, and religious freedom. His work in progress promises to be a substantial contribution to the literature on the intersectional nature of racialized religious discrimination, and an important intellectual and litigation tool in the post-Obama era.

Trump tweet on investigating voter fraud

Tomorrow at 3:15 PM, I will be speaking on the fourth and final plenary panel of the conference, “Election 2016: Revelation sand Responses.” I will address what has become an extremely timely topic, “Voter Fraud as Nemesis: Fragility, Distortion, and the 2016 Election.” In this talk, I will discuss the President’s ongoing propaganda campaign asserting the existence of voter fraud by “illegal” voters (notwithstanding any evidence to support his claims) and its interrelationship with the identity politics of post-racialism. This, read through the larger dynamic of voter suppression illustrated by recent voter identification cases like NAACP v. McCrory and Veasey v. Abbott, illustrates a new era of racialized and class-focused political domination. Like others who have commented on Trump’s motives and the endgame of these voter fraud claims, e.g., Professor Erika Wilson’s commentary in yesterday’s Washington Post, I will draw out how this narrative serves to enable voter suppression.  However, unlike other recent commentators, I will frame this discussion through the lens of meme theory (an approach I developed in my paper, The Meme of Voter Fraud), to further develop an account of the intersectional nature of this deployment of the voter fraud meme in the post-Shelby County era of voting rights recalibration.