Senior Counsel, The Becket Fund for Religious Liberty
Joe Davis joined Becket in 2017 as Legal Counsel. His work at Becket has included appellate litigation in both federal and state courts, including representing religious entities and governments sued because of their openness to religious expression in precedent-setting victories before the Third, Fifth, Seventh, and Eleventh Circuits. Joe has appeared in national media to discuss religious liberty issues, including on Fox News and numerous radio and print outlets, and his academic work on topics related to religious liberty has been published at venues including the Yale Law Journal Forum and the Notre Dame Law Review Online.
Before joining Becket, Joe worked as a litigator at Jones Walker LLP in New Orleans, Louisiana, where he worked on a variety of matters from commercial and criminal litigation to bankruptcy. From 2014 to 2015, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
Joe graduated summa cum laude from the University of Virginia School of Law in 2014, where he served on the Virginia Law Review and was elected to the Order of the Coif. While in law school, Joe studied religious liberty law with one of the top religious liberty scholars and litigators in the nation. He also worked as a researcher for the law school’s Supreme Court Litigation Clinic. Before going to law school, Joe received his B.A. in Economics with a minor in Religion, summa cum laude, from Mississippi State University.
Joe is married to his high school sweetheart. When he’s not helping her corral their four young children, he tends to be reading the classics, watching college football, or listening to his vinyl collection.
Robert E. Scott Distinguished Professor of Law Emeritus, University of Virginia School of Law; Alice McKean Young Regents Chair in Law Emeritus, University of Texas
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for more than four decades at the University of Chicago, the University of Texas, the University of Michigan and the University of Virginia. He retired from teaching at UVA Law School in May 2023.
Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court, where he has served as lead counsel in six cases and has also filed influential amicus briefs. He is the author (co-author in the most recent edition) of the leading casebook Modern American Remedies, the award-winning monograph The Death of the Irreparable Injury Rule and many articles in leading law reviews. He co-edited a collection of essays, Same-Sex Marriage and Religious Liberty.
His many writings on religious liberty have been republished in a five-volume collection:
Laycock resigned from the council and as first vice president of the American Law Institute to become co-reporter for the Restatement (Third) of Torts: Remedies. He is a fellow of the American Academy of Arts and Sciences. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Judge, United States Court of Appeals, Ninth Circuit
Judge Nelson was confirmed to the Ninth Circuit in October 2018, as the youngest Circuit Judge to serve from Idaho and he has chambers in his hometown of Idaho Falls. Prior to his confirmation, Judge Nelson served for nine years as General Counsel of Idaho Falls-based Melaleuca, Inc., a consumer goods company. He previously worked in Washington, DC, where he served in all three branches of the federal government, including as Special Counsel for Supreme Court nominations to the Ranking Member of the Senate Judiciary Committee; Deputy General Counsel to the White House Office of Management and Budget; Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice; and a law clerk to Judge Henderson of the United States Court of Appeals for the D.C. Circuit. He has argued in most of the federal courts of appeals and worked on dozens of Supreme Court briefs. He started in the Washington, DC office of Sidley Austin as an appellate lawyer, after clerking for Judges Mosk and Brower of the Iran-U.S. Claims Tribunal at The Hague, and for now-Judge Tom Griffith, then-Senate Legal Counsel, during the impeachment trial of President Clinton. Judge Nelson earned his B.A. from Brigham Young University and his J.D., with honors, from BYU Law School. Judge Nelson has been a member of the Federalist Society since 1998.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Partner, First & Fourteenth PLLC
For over 35 years, Martin Nussbaum has advised and advocated for dioceses, churches, denominations, religious hospitals, schools, monasteries, Chabad houses, ashrams, and other ministries. He is a nationally recognized expert on religious institution law and religious freedom. His advocacy and advice has been welcomed by religious leaders across the country.
Over his career, Martin has earned a national reputation for his expertise on the First Amendment and various other religious freedom protections. He employs strategic litigation that seeks to protect those rights. He has advocated for religious institutions in cases before the U.S. Supreme Court and in state and federal courts across the country. He also advocates for religious institutions before legislatures and in administrative proceedings, and serves as outside general counsel to numerous national and regional ministries.
Martin has served as a trial, appellate, and amicus counsel in landmark First Amendment and Religious Freedom Restoration Act cases in the U.S. Supreme Court and in state and federal courts.
Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.
Executive General Counsel, First Liberty Institute
Hiram Sasser is Executive General Counsel for First Liberty Institute, where he oversees First Liberty’s litigation and media efforts. Sasser’s practice focuses on First Amendment and other constitutional and civil rights issues relating to religious liberty. Sasser served as co-counsel in seven victories before the United States Supreme Court, including Groff v. DeJoy (landmark case overturning the “de minimis cost” test for Title VII in place almost 50 years), Kennedy v. Bremerton (landmark case overturning 50 years of Establishment Clause precedent), Carson v. Makin (overturning 40 years of Maine’s discrimination against parents choosing faith-based schools), American Legion v. American Humanist Association (landmark case ending Establishment Clause attacks on veterans’ memorials with religious imagery), Klein v. Oregon Bureau of Labor and Industries (granted, vacated, and remanded (twice) in religious wedding service case), and Sause v. Bauer (summary reversal revoking qualified immunity for police who ordered a citizen not to pray in her own home).
In addition to his legal duties, Sasser develops, coordinates, and implements successful media strategies on behalf of his clients. This includes numerous appearances on ABC, NBC, CBS, Fox News, CNN, and the BBC as well as being heard on various radio stations throughout the United States, Asia, Africa, and Europe.
In 2016, Sasser took a leave of absence to serve a temporary assignment as the Chief of Staff for the Attorney General of Texas. He currently serves as an Adjunct Professor of Law at both The University of Texas at Austin School of Law (teaching Religious Liberty) and Oklahoma City University School of Law (teaching Civil Rights Procedure).
District Judge, United States District Court for the Northern District of Texas
Judge Brantley Starr was appointed to United States District Court for the Northern District of Texas in August 2019. Before his appointment, Judge Starr was the Deputy First Assistant Attorney General of Texas. Prior to that appointment, he served as Deputy Attorney General for Legal Counsel. From 2011 to 2015, Judge Starr served as career staff attorney to Texas Supreme Court Justice Eva Guzman. From 2008 to 2011, he practiced at King & Spalding, LLP. He served in the Office of the Solicitor General from 2006 to 2008. Prior to that, Judge Starr clerked for then-Justice Don Willett on the Texas Supreme Court after serving at the Office of the Attorney General. Judge Starr received his law degree from the University of Texas School of Law and his bachelor of arts degree from Abilene Christian University in 2001. Judge Starr has taught the Origins of the Constitution Class at the University of Texas law, Texas A&M law, and SMU law.
Anne Fleming Research Professor and Professor of Law, Georgetown University Law Center; Faculty Director, Georgetown Center for the Constitution
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
William (Bill) Marshall joined the Carolina Law faculty in 2001 and serves as the William R. Kenan Jr. Distinguished Professor of Law. His teaching and research interests include the first amendment, presidential power, election law, federal jurisdiction, federal judicial selection, civil procedure, and media law. Marshall is the author of numerous book chapters, articles, and essays on free speech, separation of powers, the Establishment Clause, and the Free Exercise Clause. His work has appeared in the Harvard Law Review, the Yale Law Journal, the Supreme Court Review, and the University of Chicago Law Review, among others.
Marshall received his law degree from the University of Chicago and his undergraduate degree from the University of Pennsylvania. Marshall was Deputy Counsel to the President and Deputy Assistant to the President during the Clinton Administration and also served as the Solicitor General for the State of Ohio. He has taught at the Northwestern, Boston University, Vanderbilt, Ohio State, DePaul, Case Western Reserve, William and Mary, and the University Connecticut law schools. Prior to beginning his teaching career, Marshall was a Special Assistant Attorney General for the State of Minnesota.
Executive Vice President and Dean of the Law Center; Paul Regis Dean Leadership Chair; Professor of Law, Georgetown University Law Center
William M. Treanor is the Executive Vice President of Georgetown University, Dean of the Law Center, and Paul Regis Dean Leadership Chair. Treanor joined Georgetown in 2010 and was reappointed to serve a third term as Dean and Executive Vice President on July 1, 2020.
Under Treanor’s leadership, Georgetown Law has hired 75 new faculty members; tripled the number of experiential offerings for students in its clinical, externship, and practicum programs; transformed its law and technology offerings into a world class program with 19 full-time faculty experts and over 80 courses in this area; and experienced its most successful era of fundraising, culminating in nearly $67 million in giving in the last fiscal year.
Treanor has also advanced Georgetown Law’s commitment to affordability and access. During his tenure, Georgetown has more than doubled financial aid; raised nearly $25 million dollars for the Law Center’s scholarship program for exceptional students with significant financial need; and launched the RISE program, which provides academic support for students from historically underrepresented groups. The Law Center also created the Early Outreach Initiative, which brings the Law Center’s dean of admissions, current law students, and alumni together to encourage students in underserved high schools to consider pursuing careers as lawyers.
In keeping with Georgetown Law’s motto, “Law is but the means; justice is the end,” Treanor has focused on increasing opportunities for students to pursue careers in public interest law. He is proud that nearly 1 in 4 graduates move straight into public service jobs – a ratio higher than any other top law school in America. The Law Center supports post-graduate fellowships that have enabled more than 400 graduates to work in public interest jobs, and, in combination with the law firms ArentFox Schiff and DLA Piper, it has launched the D.C. Affordable Law Firm, a “low bono” law firm where recent Georgetown Law graduates provide legal representation to people of limited means.
The National Jurist magazine has named Treanor one of the most influential people in legal education five times. He is a member of the Morristown (N.J.) High School Hall of Fame. In 2020, he was elected into the American Academy of Arts & Sciences for law and education. Most recently, he was selected for the inaugural Honorable Robert A. Katzmann Award for Academic Excellence by the Burton Awards.
Treanor’s areas of academic expertise include constitutional law, property law, criminal law, intellectual property, and legal history. At Georgetown Law, he has taught a first-year legal justice seminar, an upper-level course on the drafting of the U.S. Constitution, and leadership courses. His writings have principally been in the area of constitutional history, and he has been recognized as one of the 10 most-cited legal history scholars in the United States by the University of Chicago Law School’s Brian Leiter. His early work largely focused on the history of constitutional protections of private property. His article “The Original Understanding of the Takings Clause and the Political Process,” 95 Colum. L. Rev. 782 (1995), was recognized by the Land Use Professors Blog as the most cited land use article of the past 30 years. Treanor’s article, “Judicial Review before Marbury” was cited in the Moore v. Harper (2023) majority opinion written by Chief Justice Roberts. His recent article, “The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution,” examined the changes that Gouverneur Morris and the Committee of Style made in preparing the Constitution’s final draft. W.W. Norton will publish his upcoming book, Fathers of the Constitution: Triumph, Tragedy, and the Creation of the American Republic.
Before coming to Georgetown, Treanor was Dean and Paul Fuller Professor of Law at Fordham Law School. He also served in a variety of positions in the government, including Deputy Assistant Attorney General in the Office of Legal Counsel, U.S. Department of Justice; Associate Counsel, Office of Independent Counsel during the Iran/Contra investigation. He was law clerk to the Honorable James L. Oakes, U.S. Court of Appeals for the Second Circuit. Treanor has a Ph.D. in history from Harvard University, a J.D. from Yale Law School, and a B.A., summa cum laude, from Yale College.
Anne Fleming Research Professor and Professor of Law, Georgetown University Law Center; Faculty Director, Georgetown Center for the Constitution
Stephanie Barclay is a Professor of Law at Georgetown Law School, and the Faculty Director of the Georgetown Center for the Constitution. Her research focuses on the role our different democratic institutions play in protecting minority rights, particularly at the intersection of free speech and religious exercise. Barclay‘s work is published or is forthcoming in leading journals such as the Harvard Law Review, the Chicago Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal Forum. One of her articles was also selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Her work has been featured in many media outlets, including The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, The Hill, and Law 360. And her work has also been cited by the U.S. Supreme Court.
Prior to joining Georgetown, Barclay was twice voted Professor of the Year. Barclay has also litigated constitutional cases at both the trial and appellate level, including before the U.S. Supreme Court. Barclay served as a law clerk to Judge N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit, and to Justice Neil M. Gorsuch of the U.S. Supreme Court.
Barclay is a Faculty Affiliate at the Constitutional Law Center at Stanford Law School; and she is a Nootbaar Fellow at the Nootbaar Institute on Law, Religion, and Ethics at Pepperdine University. She currently serves as the Chair for the AALS Law and Religion Section and as a Member of the Executive Committee for the AALS Constitutional Law Section. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. She is completing a Ph.D. in Law at Oxford University as a Clarendon Scholar and a Tang Scholar.
Professor of History, Southern Methodist University
Kate Carté (Ph.D., history, University of Wisconsin; B.A., Haverford College) is a Professor of History at Southern Methodist University, specializing in early American and Atlantic history. She is the author of Religion and the American Revolution: An Imperial History (UNC Press for the Omohundro Institute, 2021) and Religion and Profit: Moravians in Early America (Philadelphia: University of Pennsylvania Press, 2009, paper 2011), which was awarded the 2010 Dale W. Brown Award for Outstanding Scholarship in Anabaptist and Pietist Studies. Her articles have appeared in the William and Mary Quarterly, Church History, and Early American Studies, as well as a variety of edited collections. Carté has been a Charles A. Ryskamp Fellow of the American Council of Learned Societies, an affiliate fellow of the Center for the Study of Religion at Princeton University, a Franklin Fellow of the American Philosophical Society, and a Barra Postdoctoral Fellow at the McNeil Center for Early American Studies.
Senior Counsel, Alliance Defending Freedom's Appellate Advocacy Team
Chris Schandevel serves as senior counsel on Alliance Defending Freedom’s Appellate Advocacy Team. In that role, he represents ADF clients of all stripes at the appellate level, preserving lower-court victories and seeking to overturn unjust results.
Among other clients, he has represented a faith-based pregnancy resource center and adoption agency, a Christian photographer, a college student and conservative student group, a former Planned Parenthood clinic manager, female track-and-field athletes, and a high-school French teacher. Schandevel also was on the team of attorneys who successfully represented the Thomas More Law Center in the U.S. Supreme Court. And he regularly represents clients in friend-of-the-court briefs filed in state and federal appellate courts and in the U.S. Supreme Court.
Before joining ADF, Schandevel served as an assistant attorney general in the Criminal Appeals Section at the Office of the Attorney General of Virginia. During his five years in that office, Schandevel briefed and argued 14 appeals in the Supreme Court of Virginia and more than 60 appeals in the Court of Appeals of Virginia. Before his time at the Virginia attorney general’s office, Schandevel clerked for the Honorable Stephen R. McCullough on the Court of Appeals of Virginia.
Schandevel earned his J.D. from the University of Virginia School of Law in 2012. During law school, he founded a student organization called Advocates for Life at Virginia Law. He also completed ADF’s Blackstone Legal Fellowship and was commissioned as a Blackstone Fellow in 2010 after an internship with ADF’s Center for Life. Schandevel earned his B.A. in Social Work from Harding University in 2009.
A member of the state bar of Virginia, Schandevel is admitted to practice before the U.S. Supreme Court and various state and federal trial and appellate courts.
Senior Counsel, Storzer and Associates; Adjunct Professor at the Catholic University of America Columbus School of Law
Eric Treene is Senior Counsel at Storzer and Associates in Washington, D.C., and an Adjunct Professor at the Catholic University of America School of Canon Law. He served for 19 years in four administrations in the U.S. Department of Justice as Special Counsel for Religious Discrimination, where he provided leadership for the Department on a wide range of religious liberty issues, including developing and overseeing the Department’s enforcement program for the Religious Land Use and Institutionalized Persons Act (RLUIPA), testifying before the U.S. Senate on religious hate crimes and developing training programs to protect places of worship from violence, and leading the Department’s efforts to protect religious liberty rights during the COVID-19 epidemic. Prior to serving at the Department of Justice, Mr. Treene was Litigation Director at the Becket Fund for Religious Liberty in Washington, D.C, and was a law clerk to the Hon. John M. Walker, Jr. on the U.S. Court of Appeals for the Second Circuit. He is a graduate of Amherst College and Harvard Law School.
Partner, Jenner & Block LLP
Adam Unikowsky is a partner in Jenner & Block LLP’s Appellate & Supreme Court Practice Group, where he has worked since 2011.
Prior to his time at Jenner & Block, Mr. Unikowsky served as a Judicial Law Clerk to former Justice Antonin Scalia. He also previously clerked for Judge Douglas Ginsberg at the U.S. Courts of Appeals for the D.C. Circuit.
Mr. Unikowsky got his JD from Harvard University, following achieving his Masters of Engineering & Bachelors of Science from Massachusetts Institute of Technology.
Distinguished Research Professor, Center for Citizenship and Constitutional Government, University of Notre Dame
Donald L. Drakeman is Distinguished Research Professor in the Center for Citizenship and Constitutional Government at the University of Notre Dame, and a Fellow of the Centre for Health Leadership and Enterprise at the University of Cambridge. His writings have been cited by the Supreme Courts of the United States and the Philippines. He has published seven books, including The Hollow Core of Constitutional Theory (Cambridge University Press, 2021), Why We Need the Humanities (Palgrave, 2016), and Church, State, and Original Intent (Cambridge University Press, 2010). He received an A.B. magna cum laude from Dartmouth College; a J.D. from Columbia Law School, where he was a Harlan Fiske Stone Scholar; and a Ph.D. from Princeton University. He is a Fellow of the Royal Historical Society, and he was the founding chair of the Advisory Council for the James Madison Program on American Ideals and Institutions at Princeton University.
Adam Griffin is a graduate of the University of North Carolina School of Law. During law school, he served as a research assistant to Professor Stephen E. Sachs and UNC Law Dean Martin Brinkley. After law school, Adam spent two years litigating for liberty at the Institute for Justice as an inaugural Law and Liberty Fellow. He then served as a law clerk to Chief Judge Richard E. Myers in the United States District Court for the Eastern District of North Carolina, and previously worked at Pacific Legal Foundation and the Civil Rights Division of the Department of Justice.
Richard and Frances Mallery Professor of Law and Faculty Director, Constitutional Law Center, Stanford Law School
Michael W. McConnell is the Richard and Frances Mallery Professor and Faculty Director of the Constitutional Law Center at Stanford Law School, and a Senior Fellow at the Hoover Institution. From 2002 to 2009, he served as a Circuit Judge on the United States Court of Appeals for the Tenth Circuit. He was nominated by President George W. Bush, a Republican, and confirmed by a Democratic Senate by unanimous consent. McConnell has previously held chaired professorships at the University of Chicago and the University of Utah, and visiting professorships at Harvard and NYU. He teaches courses on constitutional law, constitutional history, First Amendment, and interpretive theory. He has published widely in the fields of constitutional law and theory, especially church and state, equal protection, and separation of powers. His book, “The President Who Would Not Be King: Executive Power Under the Constitution,” was published by Princeton University Press in 2020, based on the Tanner Lectures in Human Values, which he delivered at Princeton in 2019. His latest book, co-authored with Nathan Chapman, “Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience,” was published by Oxford University Press in mid-2023. McConnell has argued sixteen cases in the United States Supreme Court, most recently Carney v. Adams (2020). defending a provision of the Delaware Constitution requiring political balance on that state’s courts. More recently, he was co-counsel in Gonzalez v. Google. He earned his B.A. from Michigan State University and his J.D. from the University of Chicago, and has received honorary degrees from Notre Dame University and Michigan State. He served as law clerk to Supreme Court Justice William J. Brennan, Jr. and D.C. Circuit Chief Judge J. Skelly Wright. He has been Assistant General Counsel of the Office of Management & Budget, Assistant to the Solicitor General of the Department of Justice, and a member of the President’s Intelligence Oversight Board. He is Senior of Counsel to the law firm Wilson, Sonsini, Goodrich & Rosati, and is co-chair of Meta’s Oversight Review Board.
Tocqueville Associate Professor Department of Political Science and Concurrent Associate Professor of Law, University of Notre Dame Law School
Vincent Phillip Muñoz is the Tocqueville Associate Professor of Religion & Public Life in the Department of Political Science at the University of Notre Dame. He is the founding director of Notre Dame's undergraduate minor in Constitutional Studies and directs Notre Dame's Tocqueville Program for Inquiry into Religion and Public Life.
Muñoz writes and teaches across the fields of constitutional law, American politics, and political philosophy with a focus on religious liberty and the American Founding. His first book, God and the Founders: Madison, Washington, and Jefferson (Cambridge University Press, 2009) won the Hubert Morken Award from the American Political Science Association for the best publication on religion and politics in 2009 and 2010. His First Amendment church-state case reader, Religious Liberty and the American Supreme Court: The Essential Cases and Documents (Rowman & Littlefield) was first published in 2013 (revised edition, 2015) and is being used at Notre Dame and other leading universities.
Muñoz's current project is a scholarly monograph on the natural right of religious liberty and the original meaning of the First Amendment's Religion Clauses. Articles from that project have appeared in American Political Science Review, The Harvard Journal of Law and Public Policy, Notre Dame Law Review, American Political Thought, and the University of Pennsylvania's Journal of Constitutional Law.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Senior Associate General Counsel/Senior Legal Advisor, Office of Management and Budget/CFPB
Victoria Dorfman is a Senior Associate General Counsel at the Office of Management and Budget and is a Senior Legal Advisor at the Consumer Financial Protection Bureau. At the OMB, she advises on constitutional and statutory issues. At the CFPB, she is primarily responsible for Enforcement, Supervision, Fair Lending, Oversight, and the Bureau’s litigation.
Prior to entering government service, Victoria was a partner at Jones Day, in Washington, D.C. and in New York, where she represented clients in appellate and complex commercial litigation in U.S. courts and in international arbitration. She has successfully briefed cases at all stages of litigation and argued before federal and state courts of appeals.
Victoria's areas of in-depth experience include jurisdiction and civil procedure, arbitration, bankruptcy, antitrust, and general commercial litigation. She maintained an active First Amendment Establishment and Free Exercise practice and represents religious institutions. Victoria's representations included obtaining unanimous victories in intergovernmental tax immunity and forum non conveniens cases in the U.S. Supreme Court; bankruptcy confirmations, including in appellate and Supreme Court proceedings, of Chrysler, the City of Detroit, Caesar's, Adelphia, and Relativity Media; UNCITRAL and BIT arbitrations; victories for Bayer in antitrust patent challenges to agreements regarding a blockbuster drug's production; and a damages award for Chevron against the government, including a sanction for bad faith litigation conduct.
Prior to joining Jones Day, Victoria clerked for Justice Clarence Thomas of the United States Supreme Court and Judge Michael J. Luttig of the Fourth Circuit Court of Appeals. Victoria received her A.B. from Harvard College (cum laude) and J.D. from Harvard Law School (magna cum laude), where she was Articles, Books and Commentaries editor on Harvard Law Review.
Victoria is a native speaker of Russian, and is proficient in French and Portuguese. She published articles on Religion Clauses, bankruptcy, federal jurisdiction and statutory interpretation, and is a contributing author and editor of The Practitioner's Guide to Appellate Advocacy.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
What Was an "Establishment of Religion" at the Founding?
Joseph Davis, Douglas Laycock, Michael W. McConnell, Ryan D. Nelson
In this Federalist Society America250 series, experts analyze modern legal and policy debates through the...
Current Issues in Church Autonomy Doctrine: Categorical Immunity, Collateral Order Doctrine, and Neutral Principles of Law
Carl H. Esbeck, L. Martin Nussbaum, Eric Rassbach, Hiram Sasser, Brantley Starr
The United States Supreme Court first acknowledged what would become the church autonomy doctrine, also...
Topics
Huntsman v. Church of Jesus Christ of Latter-Day Saints: Church Autonomy is “a Threshold Structural Bar that Must be Reckoned With”
In Huntsman v. Corporation of the President of the Church of Jesus Christ of Latter-day...
Daniel Webster Debate Series: Should the Court Overturn Smith?
Stephanie Barclay, William P. Marshall, William M. Treanor
The Federalist Society's Georgetown Law Chapter'sDaniel Webster Debate Series presents Daniel Webster Debate Series:Should the...
Free Exercise, History and Tradition, and Preferred Pronouns: Key Takeaways from Vlaming v. West Point School Board
Stephanie Barclay, Kate Carté, Chris Schandevel, Eric W. Treene, Adam Unikowsky
High school French teacher Peter Vlaming was fired from his job in West Point, Virginia,...
Establishing an Agreement to Disagree About Church and State
Donald L. Drakeman
A review of Nathan Chapman & Michael McConnell, Agreeing to Disagree: How the Establishment Clause...
Talks with Authors: Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience
Adam F. Griffin, Michael W. McConnell, Vincent Phillip Munoz
Agreeing to Disagree: How the Establishment Clause Protects Religious Diversity and Freedom of Conscience investigates...
An Extended Essay on Church Autonomy
Carl H. Esbeck
The doctrine of church autonomy[1] is distinct from the two more familiar lines of cases...
Doctrine Briefing: The Ministerial Exception
Victoria Dorfman
In Our Lady of Guadalupe v. Morrissey-Berru (2020), the Supreme Court expanded on the ministerial exception doctrine it...
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...