Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
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.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
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).
Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
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.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
Professor of Law, Notre Dame Law School
Professor Derek Muller is a nationally-recognized scholar in the field of election law. His research focuses on the role of states in the administration of federal elections, the constitutional contours of voting rights and election administration, the limits of judicial power in the domain of elections, and the Electoral College.
He has published more than two dozen academic works, and his op-eds have appeared in the New York Times, the Los Angeles Times, and the Wall Street Journal. He has testified before Congress, and he is a contributor at the Election Law Blog. He is a co-author on a Federal Courts casebook published by Carolina Academic Press. He is also the co-reporter on a new Restatement of the Law, Election Litigation, an effort led by the American Law Institute.
Professor Muller teaches Election Law, Civil Procedure, and Evidence.
Litigation Update: Apache Stronghold v. United States
Stephanie Barclay, Anthony J. Ferate
Apache Stronghold v. United States is an ongoing case involving religious land use. On February...
Litigation Update: Apache Stronghold v. United States
TeleforumCourthouse Steps Oral Argument Teleforum: Brnovich v. Democratic National Committee
Derek T. Muller
In Brnovich v. Democratic National Committee and the consolidated case of Arizona Republican Party v. Democratic National Committee,...
Courthouse Steps Oral Argument Teleforum: Brnovich v. Democratic National Committee
TeleforumTopics
Race & the COVID-19 Vaccine
Commissioners Gail Heriot and Peter Kirsanow of the U.S. Commission on Civil Rights recently wrote...
An Update on Challenges to California’s Statutes Allocating Corporate Board Seats by Race, Ethnicity, Sex, and Gender
California’s state legislature has aggressively sought to impose affirmative action on the state, aiming to...
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...
Topics
Federal Court to Michigan: Stop Discriminating Against Faith-Based Adoption Agencies
On September 26, 2019, a federal district court temporarily enjoined the State of Michigan’s attempt...
Courthouse Steps Decision: Herrera v. Wyoming
On May 20, 2019, the U.S. Supreme Court issued a 5-4 ruling in the case...
Courthouse Steps Decision: Herrera v. Wyoming
Teleforum