The Ever-Evolving Definition of America’s History and Tradition
The Alabama Civil Rights and Civil Liberties Law Review proudly hosted its 2026 symposium, The Ever-Evolving Definition of America’s History and Tradition, on February 5–6, 2026, at The University of Alabama School of Law. The symposium brought together prominent legal scholars and practitioners to examine the Roberts Court’s growing reliance on historical analysis and its shift toward originalism, which has significantly reshaped the Court’s interpretation of civil rights and liberties.
The Department of Education’s Office for Civil Rights has historically played a pivotal role in protecting equal access to education. Amid unprecedented threats to federal funding facing campuses across the country, this discussion examined the role of executive power in securing federal civil rights. Guest speakers explored the implications of the current state of civil rights enforcement for the future of America’s students and educational institutions.
Panelists:
Catherine Lhamon, Executive Director, Edley Center on Law and Democracy
University of California, Berkeley School of Law
Kenneth Marcus, Founder, Chairman & CEO
The Louis D. Brandeis Center for Human Rights Under Law
Moderator:
JD Hsin, Assistant Professor of Law
The University of Alabama School of Law
Day 2: Keynote Address: Professor Paul A. Gowder
Panel 1: The Expansion of Executive Power in the First Amendment Context
This panel examined the expansion of executive power in the context of the First Amendment. Panelists considered the effects of such power on administrative agencies, educational institutions, and private legal entities.
Panelists:
Helen Norton, University Distinguished Professor & Rothgerber Chair in Constitutional Law
University of Colorado Law School
Ronald Krotoszynski, John S. Stone Chairholder of Law & Director, Program in Constitutional Studies and Initiative for Civic Engagement
The University of Alabama School of Law
Moderator:
Ridhwan Ahmed, Junior Editor
Alabama Civil Rights & Civil Liberties Law Review
Panel 2: Evolving Standards: History and Tradition in Second Amendment Jurisprudence Post-Bruen
This panel explored the profound shift in Second Amendment jurisprudence following the Supreme Court’s landmark decision in New York State Rifle & Pistol Association v. Bruen (2022). The panel also addressed the striking contrast presented by the Court’s more recent ruling in United States v. Rahimi (2023).
Panelists:
Ian Ayres, Oscar M. Ruebhausen Professor of Law & Professor of Public Health
Yale Law School
Robert J. Cottrol*, Harold Paul Green Research Professor of Law
George Washington University Law School
Raymond T. Diamond*, Professor of Law & Director, Pugh Institute for Justice
Louisiana State University School of Law
Joyce Lee Malcolm, Professor Emerita of Law
George Mason University Antonin Scalia Law School
James W. Porter III, Partner
Bradley, Arant, Boult & Cummings, Birmingham Office
Moderator:
Fredrick Vars, Robert W. Hodgkins Chairholder of Law
The University of Alabama School of Law
Panel 3: The Fourteenth Amendment and Substantive Due Process: Post-Dobbs Uncertainty
This panel engaged in a critical discussion of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), which overturned the substantive due process framework established in Roe v. Wade (1973).
Panelists:
Ederlina Co*, Associate Professor of Law
University of the Pacific McGeorge School of Law
Rachel Rebouché, G. Rollie White Teaching Excellence Chair in Law
University of Texas School of Law
Allison M. Whelan, Assistant Professor of Law
Georgia State University College of Law
Moderator:
Montré D. Carodine, Professor of Law
The University of Alabama School of Law
Panel 4: Countermovements and the Supreme Court: From Resistance to Tradition
This panel focused on how the Supreme Court can account for differences in history and tradition, with particular emphasis on counter-movements such as the Civil Rights Movement and the Second Founding.
Panelists:
Madiba Dennie, Deputy Editor & Senior Contributor
Balls & Strikes
Reginald C. Oh*, Alan Miles Ruben & Judge Betty Willis Ruben Endowed Professor of Law
Cleveland State University College of Law
Daniel Rice*, Assistant Professor of Law
University of North Carolina School of Law
Thomas A. Saenz, President & General Counsel
Mexican American Legal Defense & Educational Fund
Moderator:
R. Jordan Davis, Senior Editor
Alabama Civil Rights & Civil Liberties Law Review
*Contributing Author
Symposium Publications
Coming Fall 2026