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.
Chairman, Washington Utilities and Transportation Commission
Governor Jay Inslee appointed David W. Danner chair of the Utilities and Transportation Commission (UTC) in February 2013.
Commissioner Danner was the UTC’s Executive Director from 2005 until his appointment as Chair. Before that, he was executive policy advisor to Washington Governor Gary Locke, where he worked on energy, telecommunications, finance, and elections issues. In 2004, Governor Gary Locke named him to the state Environmental Hearings Boards, where he served before moving to the UTC.
Commissioner Danner has also been a telecommunications attorney in private practice, counsel to the Washington Senate Energy and Utilities Committee, and senior policy advisor at the Washington State Department of Information Services.
He currently serves Energy Resources and Environment and International Committees of the National Association of Regulatory Utility Commissioners (NARUC). He also serves on the Board of Directors of the National Regulatory Research Institute.
Commissioner Danner has a B.A. from Columbia University, an M.A. in communications from the University of Washington, and a law degree from George Washington University.
President, Idaho Public Utilities Commission
Paul Kjellander rejoined the Idaho Public Utilities Commission in April 2011 following his service as Administrator of the Office of Energy Resources (OER). Commissioner Kjellander, who serves as Commission President, was appointed to his current six year term by Idaho Governor C.L. “Butch” Otter.
Paul Kjellander previously served on the Idaho Public Utilities Commission from January 1999 until October 2007. In 2007 Governor Otter appointed Commissioner Kjellander to head up the newly created OER. During his 3.5 years as the head of OER, Commissioner Kjellander created an aggressive energy efficiency program funded through the federal stimulus act. Commissioner Kjellander was also elected to serve as a board member on the National Association of State Energy Officials.
Commissioner Kjellander was elected to three terms (1994-1999) in the Idaho House of Representatives, where he served as a member of the House State Affairs, Judiciary and Rules, Ways and Means, Local Government and Transportation committees. During his last term in office, Commissioner Kjellander was elected House Majority Caucus Chairman. His legislative service includes membership on the Legislature’s Information Technology Advisory Council and the House/Senate Joint Committee on Technology. He also served as co-chairman of the Legislative Task Force on the Federal Telecommunications Act of 1996 and vice chairman of the Council of State Governments-West “Smart States Committee.” His interim legislative committee assignments included the Optional Forms of County Government Committee, Capital Crimes Committee and the Private Property Rights Committee.
Commissioner Kjellander has also served as director of Boise State University’s College of Applied Technology Distance Learning, program head of broadcast technology, station manager of BSU Radio Network, director of the Special Projects Unit for BSU Radio, and BSU Radio’s director of News and Public Affairs.
Commissioner Kjellander’s undergraduate degrees from Muskingum College, Ohio, were in communications, psychology and art. He holds a master’s degree in telecommunications from Ohio University.
As a member of the National Association of Regulatory Commissioners, Commissioner Kjellander has served on the Telecommunications, Consumer Affairs, and Electricity Committees. He also served as Chairman of the Joint Board on Jurisdictional Separations. Commissioner Kjellander is a member of the NARUC Presidential Federalism Task Force and serves as vice chairman of the NARUC Telecommunications Committee. He is currently serving as a NARUC representative to the North American Numbering Council (NANC).
Commissioner Kjellander is a licensed youth soccer coach and has qualified teams for various state and regional tournaments.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Associate General Counsel, Black hills Corporatioon
Greg Sopkin has been practicing energy and telecommunications law for over fifteen years. Sopkin has handled complex transmission, rate, generation, and communications regulatory cases, often in a first-chair capacity. He was the Chairman of the Colorado PUC from January 2003 until January 2007. While Chairman, Sopkin presided over numerous Phase I and II electric rate cases as well as integrated resource planning cycles; investigated service outages; guided the redrafting of the Commission's electric, gas and transmission rules; implemented a renewable energy initiative; and oversaw transmission line disputes, the electric price response pilot program, high cost fund administration and the Qwest deregulation case.
Greg also has represented energy and telecommunications clients at Squire Sanders and Gorsuch Kirgis LLP and represented the Colorado PUC as an assistant attorney general in the Colorado Attorney General's office. He taught at the University of Colorado and has been a member of the National Association of Regulatory Utility Commissioners, serving on the telecommunications, energy and critical infrastructure committees; a member of the Federalist Society, serving on the telecommunications and electronic media practice group executive committee; and director of the Federation for Economically Rational Utility Policy. He received his J.D. in 1991 from the University of Colorado School of Law, where he was on the University of Colorado Law Review, and his BS, with high honors, in 1988 from the University of Illinois. Sopkin, his wife Rebecca and six children live in Lakewood, Colorado.
Senior Fellow, Center for Energy and Environment, Competitive Enterprise Institute
Christopher C. Horner serves as a Senior Fellow at CEI. As an attorney in Washington, DC Horner has represented CEI as well as scientists and Members of the U.S. House and Senate on matters of environmental policy in the federal courts including the Supreme Court. He has written on numerous topics in publications ranging from law reviews to legal and industrial trade journals to print and online opinion pages, and is the author of two best-selling books: Red Hot Lies: How Global Warming Alarmists Use Threats, Fraud and Deception to Keep You Misinformed (Regnery, 2008) and The Politically Incorrect Guide to Global Warming and Environmentalism (Regnery, 2007), which spent half of 2007 on the New York Times bestseller list.
Horner has testified before the United States Senate Committees on Foreign Relations and Environment and Public Works, and works on a legal and policy level with numerous think tanks and policy organizations throughout the world. He has given numerous addresses to audiences in the European Parliament in Strasbourg and Brussels, and before policymakers in European capitals including London, Rome, Prague, Copenhagen, Madrid and Warsaw, on topics ranging from rail deregulation and unfunded pension liability to all manner of energy and environment issues. Horner serves on the international law practice group’s executive committee for an internationally respected assembly of lawyers, and has provided counsel and work product on other matters including intellectual property, WTO proceedings and treaty law and policy.
Greenpeace has repeatedly targeted Mr. Horner, by stealing his garbage on a weekly basis, issuing press releases announcing with whom he dines and including him in various other hysterical publications including most recently "A Field Guide to Climate Criminals" distributed at the UN climate meeting in Montreal in December 2005.
Mr. Horner has provided legal, policy and political commentary several hundred times each on both television and radio, in the United States, Europe, Canada, and Australia, including scores of visits each on the Fox News Channel, Court TV, MSNBC with repeat visits on The News Hour with Jim Lehrer, BBC, CNN, CNN International, ITN, CBC, Bloomberg and Reuters Television. Mr. Horner has also been a guest on The Daily Show with Jon Stewart. He has guest hosted television commentary programs and makes weekly appearances on and regularly guest hosts nationally and regionally syndicated radio shows in America.
He has been a frequent contributor in the Washington Times, National Review Online and TechCentralStation.com opinion pages, is a guest columnist for United Press International and OpinionEditorials.com, and has regularly contributed to the Brussels legislative news magazine EU Reporter .
Horner also regularly writes for Energy Tribune and Spain's Actualidad Economica.
He received his Juris Doctorate from Washington University in St. Louis where he received the Judge Samuel Breckenridge Award for Advocacy.
Senior Vice President for Legal Studies, Cato Institute
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, civil forfeiture, police accountability, and gun rights. Neily is the author of Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. His writing has appeared in the Wall Street Journal, Forbes, and National Review Online, as well as various law reviews, including the Harvard Journal of Law and Public Policy, George Mason Law Review, Georgetown Journal of Law and Public Policy, NYU Journal of Law and Liberty, and Texas Review of Law and Politics. Neily is a frequent guest speaker and lecturer for the Federalist Society, Institute for Humane Studies, and American Constitution Society.
Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement. He is also an adjunct professor at the University of Texas School of Law, where he teaches constitutional litigation and public-interest law.
Neily served as co-counsel in District of Columbia v. Heller, the historic case in which the Supreme Court held for the first time that the Second Amendment protects an individual right to own a gun for self-defense.
Neily began his legal career as a law clerk to Judge Royce Lamberth on the U.S. District Court for the District of Columbia. After that he spent four years in the trial department of the Dallas-based firm Thompson & Knight. Neily received his undergraduate and law degrees from the University of Texas, where he was Chief Articles Editor of the Texas Law Review.
Senior Counsel, Becket Fund for Religious Liberty
William J. Haun is Senior Counsel at the Becket Fund for Religious Liberty and a Nonresident Fellow at the American Enterprise Institute (AEI). At Becket, Will litigates nationwide in defense of religious liberty for all faith traditions, particularly before the U.S. Supreme Court and in other federal and state appellate courts. His litigation includes being a member of the U.S. Supreme Court team that prevailed 9-0 for Catholic Social Services in Fulton v. City of Philadelphia, arguing before multiple federal appellate courts, federal district courts, and the Supreme Court of Texas. At AEI, Will writes and researches on constitutionalism and self-government’s prerequisites, especially the role of religion in securing and preserving freedom.
Before joining Becket and AEI, Will practiced appellate and antitrust law at two international law firms—Shearman & Sterling and Hunton & Williams. He also served as a law clerk to Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit and Judge Claude Hilton of the U.S. District Court for the Eastern District of Virginia. Will often writes on constitutional law issues, including in the Harvard Journal of Law & Public Policy, the Catholic University Law Review, National Affairs, Law & Liberty, National Review Online, the Wall Street Journal, and the Washington Post. He also speaks on these topics, including at the Catholic University of America, Columbus School of Law, Princeton University, the University of Virginia School of Law, and the University of Chicago Law School. He received his J.D. from the Catholic University of America, cum laude, where he was a published member of the Law Review. He received his B.A. from American University in political science, cum laude. He lives in Maryland with his wife and children, where they enjoy sailing, cheering on their favorite baseball teams, and discovering the great traditions of their Catholic faith.
Professor Emeritus, Paul M. Hebert Law Center, Louisiana State University
In memoriam
Dr. John Baker is Professor Emeritus of Law, and previously the Dale E. Bennett Professor of Law, at Louisiana State University Law School. He is currently Visiting Professor at Peking University School of Transnational Law (via Zoom) and has been Visiting Professor at The Center for the Constitution, Georgetown Law School (2013-2020). He has also been a Visiting Fellow at Oriel College, the University of Oxford (2012-2014) and taught at Blackfriars Hall, Oxford in 2014. Dr. Baker has also been an adjunct Fellow at the Heritage Foundation (Spring, 2008) and a Distinguished Scholar at the Catholic University of America Law School (2011-12). He has taught at Tulane Law School, George Mason Law School, Pepperdine Law School, New York Law School, Hong Kong University, and the University of Dallas, School of Management and also taught and/or lectured in 17 foreign countries. Notable among his foreign visits are the
following: Visiting Professor at the University of Lyon III (France) (1999-2011); Visiting Professor at the Universidad de los Andes, Chile (2012), as a Fulbright Specialist (2006); and a Fulbright Scholar at various universities in the Philippines. Dr. Baker received his J.D., with honors, from the University of Michigan Law School and his B.A., magna cum laude, from the University of Dallas. He also earned a Ph.D. in Political Thought from the University of London. Baker has taught over a dozen different subjects, mostly courses in public law. His main areas of interest are Constitutional Law (particularly federalism and separation of powers), Criminal Law, Anti-Terrorism Law, International Law, Health Care Law, Mediation, and Comparative Law.
In addition to law review articles and book chapters, Dr. Baker’s academic publications include Hall's Criminal Law: Cases and Materials (with Benson, Force and George; 5th ed. Michie, 1993); An Introduction to the Law of the United States (ed. with Levasseur; University Press of America, 1992). He has also published on Forbes.com, FoxNews.com, in The Washington Times, and a number of times in The Wall Street Journal. He argues in federal court, including two oral arguments in the U.S. Supreme Court. For many years, he co-taught courses for the Federalist Society on separation of powers with the late Supreme Court Justice Antonin Scalia. In September 2016, he co-taught a Supreme Court seminar in China with Justice Samuel Alito. Following law school, he served as a law clerk in federal district court and as an assistant district attorney in New Orleans before joining LSU in 1975. While a professor, he has been as a consultant to USAID, USIA (since rolled into the State Department), the Justice Department, the U.S. Senate Judiciary Subcommittee on Separation of Powers, and the Office of Planning in the White House. He served on an ABA Task Force which issued the report, The Federalization of Crime (1998) and later as a consultant to the “Bi-Partisan Task Force on the Over- federalization of Crime” (2012-2014) created by the U.S. House Judiciary Subcommittee on Crime. Dr. Baker was a co-founder of the first iteration (1995) of Stratfor Inc., a global intelligence agency. He co-authored its first book: The Intelligence Edge (with Friedman, Friedman and Chapman; Crown Books/Random House 1997). In 2022, he began a short, weekly video podcast available on YouTube and Rumble, The Baker Brief.
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Executive in Residence, Wake Forest University School of Business
John Allison is an Executive in Residence at the Wake Forest School of Business. He is a member of the Cato Institute’s Board of Directors and Chairman of the Executive Advisory Council of the Cato Institute’s Center for Monetary and Financial Alternatives. Allison was president and CEO of the Cato Institute from October 2012 to April 2015. Prior to joining Cato, Allison was chairman and CEO of BB&T Corporation, the 10th-largest financial services holding company headquartered in the United States. During his tenure as CEO from 1989 to 2008, BB&T grew from $4.5 billion to $152 billion in assets. He was recognized by theHarvard Business Reviewas one of the top 100 most successful CEOs in the world over the last decade.
Allison has received the Corning Award for Distinguished Leadership, been inducted into the North Carolina Business Hall of Fame, and received the Lifetime Achievement Award from theAmerican Banker. He is the author of The Financial Crisis and the Free Market Cure: Why Pure Capitalism Is the World Economy’s Only Hope and The Leadership Crisis and the Free Market Cure: Why the Future of Business Depends on the Return to Life, Liberty, and the Pursuit of Happiness. In addition, he is a former Distinguished Professor of Practice at Wake Forest University School of Business, and serves on the Board of Visitors at the business schools at Wake Forest, Duke, and the University of North Carolina–Chapel Hill.
Allison is a Phi Beta Kappa graduate of the University of North Carolina–Chapel Hill. He received his master’s degree in management from Duke University and is also a graduate of the Stonier Graduate School of Banking. Allison is the recipient of six honorary doctorate degrees.
Wayne A. Abernathy, Wild Bells
Wayne A. Abernathy is a former U.S. Treasury Assistant Secretary for Financial Institutions under President George W. Bush, receiving the Alexander Hamilton Award in recognition of his service. In that office he was also a member of the Board of Directors of the Securities Investor Protection Corporation. Prior to his work at the Treasury, Mr. Abernathy served as Staff Director of the Senate Banking Committee, under Chairman Phil Gramm.
Following his service at the Treasury, Mr. Abernathy worked for 15 years on the staff of the American Bankers Association, as Executive Vice President for Financial Institutions Policy and Regulatory Affairs.
Previous experience with the Senate Banking Committee includes serving as Staff Director of the Subcommittee on Securities during 1995-1998. From 1989 until 1994, Mr. Abernathy was a Republican economist for the committee. He previously worked as a senior legislative assistant for Senator Gramm during 1987-1989 and as an economist for the Banking Committee’s Subcommittee on International Finance and Monetary Policy during 1981-1986, under Chairman Jake Garn.
Mr. Abernathy earned his bachelor’s degree in International Studies from The Johns Hopkins University in 1978. In 1980, he received a master’s degree in International Studies from the School of Advanced International Studies of The Johns Hopkins University.
Senior Attorney, U.S. Commission on Civil Rights
Mr. Byrnes is a senior attorney at the United States Commission on Civil Rights and has served as an attorney to the Office of the Assistant Secretary for Civil Rights in the Department of Education.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Partner, Barr & Klein PLLC
Steve Klein, a partner at Barr & Klein PLLC, is an experienced free speech attorney who has successfully fought for the First Amendment rights of his clients against local, state and federal regulators. As a lobbyist, Steve’s advocacy has led to the successful amendment of state laws to respect political engagement and prevented the enactment of laws that burden it. Steve has published articles in several legal journals, and his commentary has appeared in The Wall Street Journal, The Washington Times, The Detroit News, and other outlets. Steve earned a bachelors degree in politics at Hillsdale College and a law degree from Ave Maria School of Law, where he served as Managing Editor of the Ave Maria Law Review. He is licensed to practice law in the District of Columbia, Illinois and Michigan.
Sandifer v. United States Steel Corporation - Post-Argument SCOTUScast
Tammy Dee McCutchen
SCOTUScast 11-06-13 featuring Tammy McCutchen
On October 8, 2013, the Supreme Court heard oral argument in Sandifer v. United States...
The FCC and the States: A Division of Authority - Podcast
David W. Danner, Paul Kjellander, Randolph May, Gregory E. Sopkin
Telecommunications & Electronic Media Practice Group Podcast
This Teleforum conference call examined how the Federal Communications Commission and states can work together...
Government Transparency and FOIA - Podcast
Christopher C. Horner, Clark Neily
Administrative Law & Regulation Practice Group Podcast
In his most recent book, The Liberal War on Transparency: Confessions of a Freedom of...
The “Mens Rea” Component Within the Issue of the Over-Federalization of Crime
William J. Haun, John S. Baker
Engage Volume 14, Issue 2 July 2013
Introduction After decades of hastily passing federal criminal laws, the U.S. House of Representatives, through...
Book Review: Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance
Nelson Lund
Engage Volume 14, Issue 2 July 2013
Other Reviews of Cosmic Constitutional Theory: •Marc O. Degirolami, The New Republic, Sept. 2012: http://www.newrepublic.com/book/review/cosmic-constitutional-theory-judicial-restraint...
The Financial Crisis and the Free Market Cure: A Conversation with John A. Allison
John A. Allison, Wayne A. Abernathy
Engage Volume 14, Issue 2 July 2013
Note from the Editor: The following is a transcript of a Federalist Society Practice Group...
Kaley v. United States - Post-Argument SCOTUScast
SCOTUScast 11-01-13 featuring Scott Bullock
On October 16, 2013, the Supreme Court heard oral argument in Kaley v. United States....
Executive Order 13583: Establishing a Coordinated Government-Wide Initiative to Promote Diversity
Christopher Byrnes
Engage Volume 14, Issue 2 July 2013
Note from the Editor: This article is about Executive Order (EO) 13583—Establishing a Coordinated Government-Wide...
Testimony on “The Voting Rights Act after the Supreme Court’s Decision in Shelby County”
Hans A. Von Spakovsky
Engage Volume 14, Issue 2 July 2013
Note from the Editor: This article is based on testimony given by the author before...
Bailey v. Maine Commission on Governmental Ethics: Another Step Toward the End of Political Privacy
Stephen R. Klein
Engage Volume 14, Issue 2 July 2013
Note from the Editor: This article discusses the Bailey v. Maine Commission on Governmental Ethics...