John P. Murphy Foundation Professor of Law and Associate Dean for External Engagement, University of Notre Dame Law School
Nicole Stelle Garnett is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where she also serves as the Associate Dean for External Engagement and directs the Notre Dame Education Law Project. Her teaching and research focus on education law and policy, religious liberty, and topics related to property law (especially land use and urban development policies). In addition to dozens of articles on these subjects, she is the author of Lost Classroom, Lost Community: Catholic Schools' Importance in Urban America (University of Chicago Press, 2014) and Ordering the City: Land Use, Policing and the Restoration of Urban America (Yale University Press, 2009).
Garnett received her B.A. with distinction in Political Science from Stanford University and her J.D. from Yale Law School. After law school, she clerked for the Honorable Morris S. Arnold of the United States Court of Appeals for the Eighth Circuit and for Associate Justice Clarence Thomas of the Supreme Court of the United States. Before joining the law school faculty in 1999, she worked for two years as a staff attorney at the Institute for Justice, a non-profit public-interest law firm in Washington, D.C., where she helped to defend the constitutionality of the nation's first private-school-choice programs.
At Notre Dame, Garnett is a faculty fellow in the Institute for Educational Initiatives, Kellogg Institute for International Studies, Fitzgerald Institute for Real Estate, and deNicola Center for Ethics and Culture. She also is an elected member of the American Law Institute and a Senior Fellow at the Manhattan Institute.
Brenden Mann Foundation Chair in Law and Religion and Co-Director of the Nootbaar Institute for Law, Pepperdine Caruso School of Law
Professor Michael Helfand is the Brenden Mann Foundation Chair in Law and Religion and Co-Director of the Nootbaar Institute for Law, Religion and Ethics at Pepperdine Caruso School of Law. During the Spring, he serves as the Florence Rogatz Visiting Professor at Yale Law School. In addition to his academic appointments, Professor Helfand serves as the Senior Legal Advisor to the Orthodox Union’s Teach Coalition and a Senior Fellow at the Shalom Hartman Institute.
An expert on questions of church and state, Professor Helfand’s work considers how U.S. law treats religious law, custom and practice. His academic articles have appeared in numerous law journals, including the Yale Law Journal, New York University Law Review, Duke Law Journal, Minnesota Law Review, Washington University Law Review, and Southern California Law Review. In addition, Professor Helfand often provides commentary on clashes between law and religion, writing for various public audience publications, including the Wall Street Journal, the Los Angeles Times, and the Forward.
Professor Helfand joined the Pepperdine Caruso Law faculty in 2010 where he has taught Contracts, Arbitration Law, Jewish Law and seminars in Law and Religion as well as Multiculturalism and the Law. Prior to joining the Pepperdine Caruso Law faculty, Professor Helfand was an associate at Davis Polk & Wardwell LLP, where his practice focused on complex commercial litigation. Before entering private practice, Professor Helfand clerked for the Honorable Julia Smith Gibbons of the U.S. Court of Appeals for the Sixth Circuit.
University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University Charles Widger School of Law
Michael P. Moreland was appointed University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy at Villanova University in 2017. Professor Moreland joined the Villanova faculty in 2006 and served as Vice Dean from 2012 to 2015. His research is primarily in the areas of torts, law and religion, constitutional law, and Catholic social thought, and he regularly teaches Torts, First Amendment, seminars in law and religion, and undergraduate courses in ethics.
Professor Moreland is the co-editor of Christianity and Private Law (Routledge, 2021), and his most recent publications include: “The Authority of Tradition: John Henry Newman and Legal Theory” in Christianity and the Making of Irish Law (Routledge, 2025); “Christianity and Torts” in The Oxford Handbook on Christianity and Law, (Oxford University Press, 2023); “Germaneness and Religious Liberty” in the Notre Dame Law Review (2023); “Contingency and Contestation in Christianity and Liberalism” in the Notre Dame Law Review (2023); “Friendship as the Primary Purpose of Law” in The American Journal of Jurisprudence 279 (2022); and “The Moral of Torts” (with Jeffrey Pojanowski) in Christianity and Private Law (Routledge, 2021).
Professor Moreland was a Visiting Professor of Law at the University of Notre Dame and the Mary Ann Remick Senior Visiting Fellow at the Notre Dame Center for Ethics and Culture from 2015 to 2017. He was the Forbes Visiting Fellow at Princeton University in the James Madison Program during academic year 2010-11. He has served as the project leader for grants from the John Templeton Foundation and the Charles Koch Foundation. He serves as the Chair of the Federalist Society’s Religious Liberties Practice Group Executive Committee and the Chair of the Board of Trustees of the Institute for Advanced Catholic Studies at the University of Southern California.
Professor Moreland received his BA in philosophy from the University of Notre Dame, his MA and PhD in theological ethics from Boston College, and his JD from the University of Michigan Law School. Following law school, Professor Moreland clerked for the Honorable Paul J. Kelly Jr., of the United States Court of Appeals for the Tenth Circuit and was an associate at Williams & Connolly LLP in Washington, DC, where he represented clients in First Amendment, professional liability, and products liability matters. Before coming to Villanova, he served as Associate Director for Domestic Policy at the White House under President George W. Bush, where he worked on a range of legal policy issues, including criminal justice, immigration, civil rights, and liability reform.
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.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
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.
Tracking and Ending Religious Discrimination
Nicole Stelle Garnett, Michael A. Helfand, Michael P. Moreland
A new project sponsored by a coalition of organizations seeks to track the various ways...
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
Why Nineteenth Century Bans on “Sectarian” Aid Are Facially Unconstitutional: New Evidence on Plain Meaning
Robert G. Natelson
Note from the Editor: This article presents original research on the nineteenth century meaning of...