In Defense of Strict Scrutiny
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Is strict scrutiny consistent with originalism? And can strict scrutiny be implemented without involving judicial balancing? Professor Stephanie Barclay will argue yes on both fronts, offering a different conceptual framework for thinking about the protection of constitutional rights in a democracy.
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Stephanie Barclay is a Professor of Law at Notre Dame Law School. 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 has published work in the Harvard Law Review, the Washington University Law Review, the Notre Dame Law Review, the Boston College Law Review, and the Yale Law Journal Forum, among others. Her article, “An Economic Approach to Religious Exemptions,” was selected for the 2020 Stanford/Harvard/Yale Junior Faculty Forum. Prior to joining the Notre Dame faculty, Barclay was an Associate Professor of Law at BYU Law, where she was twice voted Professor of the Year. Before becoming a professor, Barclay litigated First Amendment cases in D.C., where she represented many clients at both the trial and appellate level, including before the U.S. Supreme Court. Barclay has also 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. |
