Michael R. Klein Professor of Law, Harvard Law School
Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations. He was born in Columbia, South Carolina. For his education he attended St. Albans School, Princeton University, Oxford University, and Yale Law School. He served as a law clerk for Judge J. Skelly Wright of the United States Court of Appeals and for Justice Thurgood Marshall of the United States Supreme Court. He is a member of the bar of the District of Columbia and the Supreme Court of the United States. Awarded the 1998 Robert F. Kennedy Book Award for Race, Crime, and the Law, Mr Kennedy writes for a wide range of scholarly and general interest publications. His other books are For Discrimination: Race, Affirmative Action, and the Law (2013), The Persistence of the Color Line: Racial Politics and the Obama Presidency (2011), Sellout: The Politics of Racial Betrayal (2008), Interracial Intimacies: Sex, Marriage, Identity, and Adoption (2003), and Nigger: The Strange Career of a Troublesome Word (2002). A member of the American Law Institute, the American Academy of Arts and Sciences, and the American Philosophical Association, Mr. Kennedy is also a Trustee emeritus of Princeton University.
John Marshall Harlan II Professor of Law Emerita, New York Law School; Former President, American Civil Liberties Union
Nadine Strossen, New York Law School Professor Emerita and Senior Fellow at FIRE (the Foundation for Individual Rights and Expression), was national President of the American Civil Liberties Union from 1991 to 2008. An internationally acclaimed free speech scholar and advocate, who regularly addresses diverse audiences and provides media commentary around the world, Strossen is also the Host and Project Consultant for Free To Speak, a 3-hour documentary film series distributed on public television in 2023. Her books about free speech include: Free Speech: What Everyone Needs to Know® (Oxford University Press 2023); HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford University Press 2018); and Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner 1995), which was republished with a new Preface in 2024 as part of the NYU Classics Series. Her many honors and awards include the National Coalition Against Censorship’s Judy Blume Lifetime Achievement Award for Free Speech. She serves on the Advisory Boards of several organizations that do free speech work, including: ACLU, Academic Freedom Alliance, Foundation Against Intolerance and Racism (FAIR), Heterodox Academy, National Coalition Against Censorship, and the University of Austin.
VP and Senior Counsel, Becket Fund
Eric Baxter joined The Becket Fund as Senior Counsel in 2011. Since then he has represented religious organizations and individuals in a wide array of religious liberty disputes at both the trial and appellate level. Recent victories including a Ninth Circuit ruling upholding the “Big Mountain Jesus” statue that has stood on Forest Service land near Kalispell, Montana, for more than sixty years, and a rare Pentagon decision allowing a Sikh soldier to maintain his full beard and turban while serving in the Army. Mr. Baxter has extensive experience fighting efforts under state Blaine amendments to exclude religious organizations and individuals from participating on equal terms in the public square. He also regularly advises religious institutions of higher education in defending their religious missions against government encroachment.
Mr. Baxter has frequently appeared in the national media to discuss religious liberty issues, including appearances on Fox News (Kelly File, Fox & Friends), WSJ Live, CBS New York, Christian Broadcasting Network, Newsmax TV, and Al Jazeera. He has also written op-eds and been quoted in many major newspapers and other print media, including the New York Times, Washington Post, LA Times, Fox News, New York Post, Washington Times, and New Boston Post.
Before joining the Becket Fund, Mr. Baxter was a partner at Arent Fox LLP in Washington, DC, where he maintained a commercial complex litigation practice representing clients primarily in employment, intellectual property, and biotechnology disputes. He also served for many years as outside counsel to a DC church and its affiliated school. In 2007, he was awarded the Albert E. Arent Pro Bono Award for his work representing several parents adopting a total of seven children from foster care.
From 2000 to 2002, Mr. Baxter clerked for the Honorable Robert H. Cleland in the United States District Court for the Eastern District of Michigan (Detroit). Mr. Baxter received a B.A. in Russian Literature and Linguistics from Brigham Young University and graduated magna cum laude from the J. Reuben Clark Law School at BYU, where he served as Executive Editor of the Law Review and was elected to the Order of the Coif. Eric speaks Russian and some Spanish. He and his wife have seven children and an amateur family bluegrass band.
Mr. Baxter has been featured on the Kelly File, Al Jazeera, WSJ Video, and NewsmaxTV.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
VP and Senior Counsel, Becket Fund
Eric Baxter joined The Becket Fund as Senior Counsel in 2011. Since then he has represented religious organizations and individuals in a wide array of religious liberty disputes at both the trial and appellate level. Recent victories including a Ninth Circuit ruling upholding the “Big Mountain Jesus” statue that has stood on Forest Service land near Kalispell, Montana, for more than sixty years, and a rare Pentagon decision allowing a Sikh soldier to maintain his full beard and turban while serving in the Army. Mr. Baxter has extensive experience fighting efforts under state Blaine amendments to exclude religious organizations and individuals from participating on equal terms in the public square. He also regularly advises religious institutions of higher education in defending their religious missions against government encroachment.
Mr. Baxter has frequently appeared in the national media to discuss religious liberty issues, including appearances on Fox News (Kelly File, Fox & Friends), WSJ Live, CBS New York, Christian Broadcasting Network, Newsmax TV, and Al Jazeera. He has also written op-eds and been quoted in many major newspapers and other print media, including the New York Times, Washington Post, LA Times, Fox News, New York Post, Washington Times, and New Boston Post.
Before joining the Becket Fund, Mr. Baxter was a partner at Arent Fox LLP in Washington, DC, where he maintained a commercial complex litigation practice representing clients primarily in employment, intellectual property, and biotechnology disputes. He also served for many years as outside counsel to a DC church and its affiliated school. In 2007, he was awarded the Albert E. Arent Pro Bono Award for his work representing several parents adopting a total of seven children from foster care.
From 2000 to 2002, Mr. Baxter clerked for the Honorable Robert H. Cleland in the United States District Court for the Eastern District of Michigan (Detroit). Mr. Baxter received a B.A. in Russian Literature and Linguistics from Brigham Young University and graduated magna cum laude from the J. Reuben Clark Law School at BYU, where he served as Executive Editor of the Law Review and was elected to the Order of the Coif. Eric speaks Russian and some Spanish. He and his wife have seven children and an amateur family bluegrass band.
Mr. Baxter has been featured on the Kelly File, Al Jazeera, WSJ Video, and NewsmaxTV.
Senior Counsel, Vice President of Advocacy Strategy, Alliance Defending Freedom
Emilie Kao serves as senior counsel and vice president of advocacy strategy for Alliance Defending Freedom, where she is a member of the U.S. Legal Team. In this role, she supports ADF’s legal and legislative objectives through culture shaping initiatives.
Before joining ADF, Kao served as director of the DeVos Center for Religion and Civil Society at the Heritage Foundation. She led a team of experts who provided strategy, research, and policy recommendations on life, marriage, and religious freedom consistent with Constitutional principles. She convened coalitions of strategic partners to support the protection of religious freedom and launched the Promise to America’s Children, a movement dedicated to the protection of children and parental rights.
Kao also served as senior legal counsel at an international human rights law firm, East Asia team leader in the U.S. Department of State’s Office of International Human Rights, and director of international advocacy at the Becket Fund for Religious Liberty. She was an adjunct professor at Antonin Scalia Law School at George Mason University and is co-editor of the “First Principles on International Human Rights” essay series.
She has testified before the U.S. Congress and spoken at the United Nations in Geneva and New York. She has been interviewed and quoted extensively in the media, including The New York Times, The Washington Post, CNN, C-SPAN, and 60 Minutes+.
Kao earned her A.B. cum laude from Harvard University and her J.D. from Harvard Law School. She is a member of the state bars of California and the District of Columbia and is admitted to practice in the U.S. Supreme Court. She speaks Mandarin Chinese.
General Counsel, American Federation of Labor–Congress of Industrial Organizations
Craig Becker is General Counsel to the AFL-CIO. Before assuming that position, Craig was a Member of the National Labor Relations Board having been appointed by President Obama in March 2010 and serving until January 2012.
Before joining the Board, Craig served as Associate General Counsel to both the SEIU and the AFL-CIO. After law school Craig clerked for the Honorable Donald P. Lay, Chief Judge of the United States Court of Appeals for the Eighth Circuit and then became a partner in a Washington, D.C. law firm that was counsel to the American Federation of State, County and Municipal Employees.
Craig was a Professor of Law at the UCLA School of Law between 1989 and 1994 and has also taught at Yale, the University of Chicago and Georgetown Law Schools. Craig has published numerous articles on labor and employment law in scholarly journals as well as in the popular press and has argued labor and employment cases in virtually every federal court of appeals and before the United States Supreme Court.
Craig graduated Yale College in 1978 and received his J.D. in 1981 from Yale Law School where he was an Editor of the Yale Law Journal.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Judge, United States Court of Appeals, Sixth Circuit
Judge Readler earned his undergraduate and law degrees from the University of Michigan. After graduating, he served as a law clerk to Judge Alan Norris of the United States Court of Appeals for the Sixth Circuit. Judge Readler then began practicing law in the Columbus office of the international law firm Jones Day, eventually spending ten years as a partner in the firm’s Issues and Appeals Practice Group. While at Jones Day, Judge Readler appeared in state and federal trial and appellate courts around the country, most frequently the Supreme Court of Ohio and the Sixth Circuit. Judge Readler also successfully argued before the United States Supreme Court in McQuiggin v. Perkins on behalf of an inmate claiming actual innocence. His other pro bono representations include representing capital defendants before the Tenth Circuit and the Supreme Court of Ohio, as well as representing defendants sentenced to life in prison before the Sixth Circuit. While at Jones Day, Judge Readler traveled to Nairobi with Lawyers Without Borders to train Kenyan lawyers in prosecuting domestic violence cases, and he was also a recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States. Following his career in private practice, Judge Readler served as Acting Assistant Attorney General for the Civil Division of the United States Department of Justice from 2017 to 2019. In that role, Judge Readler led and supervised over 1,000 lawyers in the Department’s largest litigating division, briefing and arguing several cases on behalf of the United States in federal courts across the country, including high-profile cases significant to the Administration and the Department. In March 2019, Judge Readler was confirmed to serve as a Circuit Judge on the Sixth Circuit. He resides in Columbus.
General Counsel, American Federation of Labor–Congress of Industrial Organizations
Craig Becker is General Counsel to the AFL-CIO. Before assuming that position, Craig was a Member of the National Labor Relations Board having been appointed by President Obama in March 2010 and serving until January 2012.
Before joining the Board, Craig served as Associate General Counsel to both the SEIU and the AFL-CIO. After law school Craig clerked for the Honorable Donald P. Lay, Chief Judge of the United States Court of Appeals for the Eighth Circuit and then became a partner in a Washington, D.C. law firm that was counsel to the American Federation of State, County and Municipal Employees.
Craig was a Professor of Law at the UCLA School of Law between 1989 and 1994 and has also taught at Yale, the University of Chicago and Georgetown Law Schools. Craig has published numerous articles on labor and employment law in scholarly journals as well as in the popular press and has argued labor and employment cases in virtually every federal court of appeals and before the United States Supreme Court.
Craig graduated Yale College in 1978 and received his J.D. in 1981 from Yale Law School where he was an Editor of the Yale Law Journal.
Partner, Morgan, Lewis & Bockius LLP
Philip A. Miscimarra is the former Chairman of the National Labor Relations Board (NLRB). Phil leads the firm’s NLRB special appeals practice and is co-leader of Morgan Lewis Workforce Change, which manages all employment, labor, benefits, and related issues arising from mergers, acquisitions, startups, workforce reductions, and other types of business restructuring. He represents clients on a wide range of labor and employment issues, with a focus on labor-management relations, business acquisitions and restructuring, and employment litigation. Phil is also a Senior Fellow at the University of Pennsylvania's Wharton School and the Wharton Center for Human Resources. He is admitted in Illinois only, and his practice is supervised by DC Bar members.
Phil was named Chairman of the NLRB by President Donald J. Trump on April 24, 2017, after previously serving as Acting Chairman and a Board Member. He was appointed to the NLRB by President Barack Obama on April 9, 2013, and was approved unanimously by the Senate Committee on Health, Education, Labor, and Pensions on May 22, 2013. He was confirmed by voice vote in the US Senate on July 30, 2013, and served from August 7, 2013, to December 16, 2017. Upon the completion of his term, Phil served on the NLRB longer than 26 other board members over the past 30 years.
Phil is the author or co-author of several books involving labor law issues, including The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010) (by Miscimarra, Turner, Friedman, Callahan, Conrad, Lignowski and Scroggins); The NLRB and Secondary Boycotts (3d ed. 2002) (by Miscimarra, Berkowitz, Wiener and Ditelberg); and Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.) (by Northrup and Miscimarra); and other publications. He has also testified on labor and employment law issues in the United States Congress.
Chambers USA named Phil one of the leading lawyers for employment law in the United States from 2004 to 2012, based on the views of clients, peers, and other industry professionals. He has been described as a "fantastic lawyer" and "prolific writer," with clients admiring his "multilayered abilities and business savvy" and his "high level of integrity."
Judge, United States Court of Appeals, Sixth Circuit
Judge Readler earned his undergraduate and law degrees from the University of Michigan. After graduating, he served as a law clerk to Judge Alan Norris of the United States Court of Appeals for the Sixth Circuit. Judge Readler then began practicing law in the Columbus office of the international law firm Jones Day, eventually spending ten years as a partner in the firm’s Issues and Appeals Practice Group. While at Jones Day, Judge Readler appeared in state and federal trial and appellate courts around the country, most frequently the Supreme Court of Ohio and the Sixth Circuit. Judge Readler also successfully argued before the United States Supreme Court in McQuiggin v. Perkins on behalf of an inmate claiming actual innocence. His other pro bono representations include representing capital defendants before the Tenth Circuit and the Supreme Court of Ohio, as well as representing defendants sentenced to life in prison before the Sixth Circuit. While at Jones Day, Judge Readler traveled to Nairobi with Lawyers Without Borders to train Kenyan lawyers in prosecuting domestic violence cases, and he was also a recipient of the American Marshall Memorial Fellowship awarded by the German Marshall Fund of the United States. Following his career in private practice, Judge Readler served as Acting Assistant Attorney General for the Civil Division of the United States Department of Justice from 2017 to 2019. In that role, Judge Readler led and supervised over 1,000 lawyers in the Department’s largest litigating division, briefing and arguing several cases on behalf of the United States in federal courts across the country, including high-profile cases significant to the Administration and the Department. In March 2019, Judge Readler was confirmed to serve as a Circuit Judge on the Sixth Circuit. He resides in Columbus.
A Plea for Free Speech in Boston, Remembering Frederick Douglass's 1860 Speech
Randall Kennedy, Nadine Strossen
Harvard Student Chapter
On Wednesday, November 29, the Harvard Student Chapter held a conversation, produced in partnership with...
Litigation Update: Mahmoud v. McKnight
Eric Baxter, Emilie Kao
In Fall 2022 the Montgomery County Board of Education (MCBOE) revised its literature/ language arts...
Litigation Update: Mahmoud v. McKnight
Eric Baxter, Emilie Kao
In Fall 2022 the Montgomery County Board of Education (MCBOE) revised its literature/ language arts...
Topics
Remembering Frederick Douglass’s Plea For Free Speech
Freedom of speech is essential to the successful functioning of any social group. It is...
Topics
NRA v. Vullo: When Are Statements By Regulators Coercive?
This Term, the Supreme Court will hear the case of the National Rifle Association (NRA)...
Nightmare on Half Street? Free Speech and the NLRB
Craig Becker, Philip A. Miscimarra, Chad A. Readler
2023 National Lawyers Convention
Is the National Labor Relations Board doing more than any other federal agency to impose...
Nightmare on Half Street? Free Speech and the NLRB
Craig Becker, Philip A. Miscimarra, Chad A. Readler
2023 National Lawyers Convention
Is the National Labor Relations Board doing more than any other federal agency to impose...
Topics
Does Religious Speech Fly With Southwest Airlines?
“Bags fly free on Southwest. But free speech didn’t fly at all with Southwest in...
Topics
Third Circuit Court of Appeals Rejects Challenge to Pennsylvania Rule 8.4(g)
In Greenberg v. Lehocky, issued on August 29, 2023, and due to be published, the...
Topics
Two Conservative Visions of the First Amendment: Social Media Anti-Discrimination Law at the Supreme Court
Last month, the Supreme Court granted certiorari to review the Fifth Circuit’s decision upholding Texas’s...