Stephanie Barclay

Stephanie Barclay

Associate Professor of Law

Email: sbarcla2@nd.edu
Staff Assistant: Kellye Mitros

Professor Stephanie Barclay joined the faculty of Notre Dame Law School as an associate professor of law in July 2020. 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. Her most recent article on the topic, "An Economic Approach to Religious Exemptions," was selected for the Yale/Harvard/Stanford Junior Faculty Forum. Barclay’s academic writing has been published or is forthcoming in publications such as the Washington University Law Review, the Notre Dame Law Review, the Boston College Law Review, and the Florida Law Review. Barclay has frequently appeared in the national media to discuss First Amendment issues, including appearances on BBC World News, Wall Street Journal Live, and Fox News. And her work has been featured in media outlets such as The New York Times, The Wall Street Journal, The Washington Post, USA Today, Bloomberg BNA, Deseret News, The Hill, and Law 360. 

Prior to joining the Notre Dame faculty, Barclay was an associate professor at BYU Law, where she was twice voted Professor of the Year by her second- and third-year students. Before becoming a professor, Barclay litigated First Amendment cases full-time at The Becket Fund for Religious Liberty, where she represented many organizations and individuals at both the trial and appellate level, including before the U.S. Supreme Court. Barclay has twice been named a Washington D.C. Super Lawyer Rising Star (for 2016 and 2019). Before joining Becket, Barclay worked at Covington in Washington, D.C., where she drafted multiple Supreme Court briefs, including defending the rights of a Muslim prison inmate seeking to wear a religious beard. She served as lead counsel on multiple additional trials and appeals.

Barclay was nominated to serve as the Chair Elect for the AALS Law and Religion Section, and as a subcommittee chair for the JRCLS International Religious Freedom Committee. She graduated summa cum laude from BYU Law School, where she was elected to the Order of the Coif. Barclay also clerked for the Honorable N. Randy Smith on the U.S. Court of Appeals for the Ninth Circuit.
 

Scholarship

Articles and Essays

Areas of Expertise

  • Law and Religion
  • Freedom of Speech
  • Constitutional Law
  • Appellate Advocacy
  • Family Law
  • Indigenous Rights
  • Prisoners’ Rights