Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Attorney, Institute for Justice
Anya Bidwell (née Cherkasova) leads IJ’s Project on Immunity and Accountability (“PIA”). Through this project, Anya works to promote judicial engagement and ensure that government officials are held to account when they violate individuals’ constitutional rights. Anya also serves as an adviser on the American Law Institute’s Restatement of the Law, Constitutional Torts project.
One of Anya’s PIA cases—Gonzalez v. Trevino—was heard by the United States Supreme Court on March 20, 2024. She argued the case for the petitioner, with the goal of convincing the Justices that retaliatory arrests not involving on-the-spot decisions by police officers should be actionable under the First Amendment regardless of probable cause. The decision is expected in June.
This was Anya’s third appearance before the U.S. Supreme Court. She second-chaired Brownback v. King (an excessive force case) and Tennessee Wine & Spirits Retailers Association v. Thomas (a commerce clause case) in November 2020 and January 2019 respectfully.
Before joining IJ, Anya worked for a top national law firm, handling cases in trial and appellate courts. She earned her J.D. with honors from the University of Texas. Two years prior to entering law school, Anya received a master’s degree in Global Policy Studies, also from the University of Texas, and wrote a thesis on asymmetric warfare.
Anya spent her childhood in Ukraine and Kyrgyzstan. At 16, she left her family behind and came to America on a university scholarship. Her upbringing motivated her to study law and become an advocate for a strong, independent judiciary.
Anya’s work has been featured in numerous publications, including the Washington Post, the Wall Street Journal, the New York Times, USA Today, and the Guardian. She is also the host of live recordings of our Short Circuit podcast and a co-producer of our documentary-style podcast Bound by Oath.
Prof. Sheley joined the College of Law in 2018. Before coming to OU she was an Assistant Professor at the University of Calgary Faculty of Law. She has also served as a Visiting Associate Professor at the George Washington University Law School and an Olin-Searle Fellow at Georgetown University Law Center. Prior to academia she practiced for several years in the litigation group of the Washington, D.C. offices of Gibson, Dunn & Crutcher LLP. While in practice she was commended by the Humane Society of the United States for her pro bono work in the prosecution of dog fighting sponsors. She is proud to have served on the Board of Directors of the Alberta Animal Rescue Crew Society.
Solicitor General, Arkansas
Autumn Hamit Patterson is currently the Solicitor General of Arkansas.
Autumn’s previous experience includes serving as a Special Assistant Solicitor General for the Office of the Louisiana Attorney General, a Senior Attorney at the Texas Public Policy Foundation, an Issues and Appeals Associate at Jones Day, and a Solicitor General Fellow for the Office of the Texas Attorney General. Autumn also clerked for Justice Eva Guzman on the Supreme Court of Texas and Judge Andrew Oldham on the United States Court of Appeals for the Fifth Circuit. In 2021 and 2022, Autumn was named one of “Best Lawyers in America: Ones to Watch” for appellate practice.
Autumn earned her J.D. from Duke University School of Law, where she graduated magna cum laude. While in law school, she served as co-president of the Federalist Society. Autumn graduated summa cum laude from Furman University, where she received a B.A. in History and Political Science.
Special Assistant/Counsel, United States Commission on Civil Rights
Alexander Heideman is Special Assistant/Counsel at the United States Commission on Civil Rights.
Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
Vice President for Litigation & General Counsel, Goldwater Institute
Jon Riches is the Vice President for Litigation for the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and General Counsel for the Institute. He litigates in federal and state trial and appellate courts in the areas of economic liberty, regulatory reform, free speech, taxpayer protections, public labor issues, government transparency, and school choice, among others.
Jon has developed and authored several pieces of legislation, including the landmark Right to Earn a Living Act, which provides some of the greatest protections in the country to job-seekers and entrepreneurs facing arbitrary licensing regulations. He also developed legislation eliminating deference to administrative agencies in Arizona—a first-of-its-kind regulatory reform that can serve as a model for the rest of the country.
His work at the Institute has been covered by national media, including the Wall Street Journal, New York Times, CBS This Morning, Bloomberg News, and Politico. Jon is also a member of the Federalist Society’s Regulatory Transparency Project: State and Local Working Group.
Prior to joining the Goldwater Institute, Jon served on active duty in the U.S. Navy Judge Advocate General’s (JAG) Corps. While on active duty, Jon represented hundreds of clients, litigated dozens of court-martial cases, and advised commanders on a vast array of legal issues.
He previously clerked for Sen. Jon Kyl on the U.S. Senate Judiciary Committee, worked for the Rules Committee in the Arizona State Senate, and clerked in the Office of Counsel to the President at the White House. Jon received his B.A. from Boston College, where he graduated magna cum laude and Phi Beta Kappa. He earned his J.D. from the University of Arizona, James E. Rogers College of Law.
Jon served as a presidentially appointed Panel Member on the Federal Service Impasses Panel. He is an officer in the U.S. Navy Reserve and an Adjunct Professor at Arizona State University School of Law. Jon is a native of Phoenix.
Attorney, Institute for Justice
Josh Windham is an attorney at the Institute for Justice.
Originally from Charlotte, Josh joined the Institute’s headquarters office in 2016. He received his law degree in 2016 from the University of North Carolina School of Law, where he served as president of the Federalist Society and as judicial extern to the Honorable Robert Numbers in the Eastern District of North Carolina. Josh graduated summa cum laude from North Carolina State University in 2013 with a Bachelor of Arts in History. He is an avid sports fan and dessert lover.
Josh is licensed in North Carolina.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
Tammy Dee McCutchen, Alexander T. MacDonald
Federalist Society Review, Volume 24
There is a war on independent contracting. Martial metaphors are often overworked in the law....
Iowa Supreme Court Reverses Ruling That Recognized Implied Rights of Action under the Iowa Constitution
Anya Bidwell
If states are laboratories of democracy, then state judiciaries run these labs’ clinical trials for...
Texas Supreme Court Holds Foreign Auto Manufacturers Subject to Texas Jurisdiction
After taking care of some preliminary matters,[1] the Texas Supreme Court settled a personal...
Pennsylvania Supreme Court holds GPS Data is not Hearsay
Erin Sheley
In Pennsylvania v. Wallace, the Supreme Court of Pennsylvania held that GPS data collected from...
Iowa Supreme Court Retains the Emergency Aid Doctrine as an Exception to the Warrant Requirement
Autumn Hamit Patterson
The Iowa Supreme Court has recognized a community-caretaking exception to the Fourth Amendment’s warrant requirement...
Hispanic-Serving Institutions and Emerging Constitutional Issues
Alexander M. Heideman
Federalist Society Review, Volume 24
In 2019, Florida Gulf Coast University’s (FGCU) “Florida Educational Equity Report” noted that FGCU “continues...
Is Congress a Salvageable Institution?
Ted Hirt
Federalist Society Review, Volume 24
A review of Philip A. Wallach, Why Congress (Oxford University Press 2023) Constitutional law...
Administrative Appeals in Arizona: Does Form Prevail over Substance?
Jonathan Riches
The Arizona Supreme Court’s decision in Shea v. Maricopa County[1] turns on whether form prevails...
State Constitution’s Enhanced Vehicle Search Protections Reaffirmed by New Jersey Supreme Court
Josh Windham
In March, the New Jersey Supreme Court reaffirmed that the New Jersey Constitution provides more...
Tennessee Supreme Court Clarifies Which Policy Statements Must Undergo Notice and Comment
Thomas Berry
While the federal Administrative Procedure Act (APA)[1] may receive the most attention from students of...