Event Overview

Wednesday, January 18, 2023

4:15 PM – 4:55 PM — Welcome & Awards Ceremony – Rendezvous Trianon, 3rd Fl.

4:55 PM – 6:00 PM — CLE Program – Rendezvous Trianon, 3rd Fl.

1.0 MCLE Credit
1.0 Diversity Inclusion and Elimination of Bias

This program is not transitional and is not suitable for all attorneys
including those newly admitted.

Free to attend- registration required

Constance Baker Motley Symposium & Diversity Awards Program

Fitisemanu v. United States: The Argument That Could Have Been

In October 2022, SCOTUS declined to hear the case of Fitisemanu v. United States that sought to challenge the lack of birthright citizenship in U.S. territories compared to those in U.S. states. The case is an example of a legal issue fraught with tension rooted in a series of legal decisions regarding U.S. territories: “The Insular Cases.” The cases have been criticized as being emblematic of racism that justified the denial of rights to residents of American colonial territories. Yet, proponents view the cases as form of protection of the unique customs of many indigenous communities within these territories.

This interactive presentation will discuss the key issues that could have been argued before SCOTUS and discuss the broader implications of how the lack of clarity around the applicability of the Constitution to U.S territories impacts not only U.S. nationals but also the rights of U.S. citizens.

Committee on Diversity, Equity, and Inclusion Co-Chairs:
Nihla F. Sikkander, Esq., Bond, Schoeneck & King, Albany, NY
Samuel W. Buchbauer, Esq., Law Offices of David A. Caraway, PLLC, New York, NY

Task Force on the U.S. Territories Co-Chairs:
Mirna M. Santiago, Esq., Girls Rule The Law, Pawling, NY
Natalie M. Gomez-Velez, Esq., CUNY School of Law, Queens, NY

Program Chairs:
Margaret T. Ling, Esq., Amtrust Title Insurance Company, New York, NY
Dena M. DeFazio, Esq., Barclay Damon LLP, Albany, NY