William Henry Glasson Distinguished Professor of Economics, Duke University
Peter Arcidiacono is the William Henry Glasson Professor of Economics at Duke University. He received his PhD from the University of Wisconsin-Madison in 1999 and has taught at Duke University ever since. He is a fellow of the Econometric Society, the International Association of Applied Econometricians, and a senior fellow at the Manhattan Institute. He is best known for his work in three areas: college major choice, affirmative action in higher education, and structural estimation of dynamic discrete choice models. He served as an expert witness for the plaintiffs in the Supreme Court cases SFFA v. Harvard and SFFA v. UNC, examining the role race played in the admissions process at both institutions.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Judge, United States Court of Appeals, Eleventh Circuit
On March 20, 2018, Judge Elizabeth L. Branch (Lisa) was sworn in as a United States Circuit Judge for the Eleventh Circuit.
Judge Branch attended and graduated from Davidson College in North Carolina (B.A., cum laude, 1990), and Emory University School of Law (J.D., with distinction, 1994).
After graduating from law school, Judge Branch served as a federal law clerk to The Honorable J. Owen Forrester of the U.S. District Court for the Northern District of Georgia from 1994 to 1996. Following her clerkship, Judge Branch joined the litigation department of Smith, Gambrell & Russell, LLP in Atlanta as an associate and then a partner.
From 2004 to 2008, Judge Branch was a senior official in the Administration of President George W. Bush in Washington, D.C. She served first as the Associate General Counsel for Rules and Legislation at the U.S. Department of Homeland Security and then as the Counselor to the Administrator of the Office of Information and Regulatory Affairs at the U. S. Office of Management and Budget.
She returned to Smith Gambrell in 2008 as a litigation partner. Judge Branch then was appointed to the Court of Appeals of Georgia by Governor Nathan Deal, taking office on September 4, 2012, where she served until March 19, 2018.
Judge Branch is a member of the Board of Advisors of the Atlanta Lawyers Chapter for the Federalist Society for Law and Public Policy Studies.
Julius Kreeger Professor of Law & Criminology, University of Chicago Law School
Sonja Starr joined the University of Chicago law faculty after eleven years teaching at the University of Michigan, where she was the Henry M. Butzel Professor of Law. She previously taught at the University of Maryland and Harvard Law School after graduating from Yale Law. She also clerked for Judges Merrick Garland of the DC Circuit and Mohamed Shahabuddeen of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.
Professor Starr's research focuses on the criminal justice system and on discrimination and disparity (in the criminal process and in other contexts, including employment, education, and health care). Her research blends quantitative empirical work with more traditional legal scholarship. Topics include the use of predictive algorithms in sentencing and bail, legal and empirical analyses of statistical discrimination, racialized medical algorithms, educational diversity and race-conscious policymaking, racial and other disparities in prosecution and sentencing, policies designed to expand employment opportunities for people with criminal records, and how neighborhoods affect employment discrimination patterns. Professor Starr’s work has appeared in, for example, the Quarterly Journal of Economics, the Journal of Political Economy, the Yale Law Journal, and the Stanford and Harvard Law Reviews. She has been the Law and Economics Section Chair of the American Association of Law Schools, a past co-president of the Society for Empirical Legal Studies, and a board member of the American Law and Economics Association. She teaches Criminal Law, the Constitutional Law Workshop, Race and Criminal Justice Policy, and Collateral Consequences of Criminal Convictions.
Professor of Law, Northwestern University
Vice President of Legal Affairs, Landmark Legal Foundation
Chief Legal and Government Affairs Officer, BrightStar Care
Cheryl M. Stanton is Chief Legal and Government Affairs Officer at BrightStar Care. Prior to joining BrightStar Care, she served as Administrator of the Department of Labor’s Wage and Hour Division. She was sworn in as WHD’s Administrator by U.S. Secretary of Labor Alexander Acosta on April 29, 2019.
Stanton brought a wealth of experience to WHD, most recently having served as the Executive Director of the South Carolina Department of Employment and Workforce. Under her leadership, South Carolina’s jobless rate dropped to its lowest point in at least 50 years. During that time period, South Carolina’s workforce system helped place over 500,000 South Carolinians into jobs. Stanton also partnered with her colleague at the Department of Corrections to create a job re-entry program for ex-offenders, receiving national accolades. She also oversaw two major information technology modernization projects that improved customer service and increased efficiencies for employees.
Stanton served as the White House’s principal legal liaison to the DOL under President George W. Bush. She is a graduate of Williams College, and earned her law degree from the University of Chicago Law School.
Vice President of Legal Affairs, Landmark Legal Foundation
Chief Legal and Government Affairs Officer, BrightStar Care
Cheryl M. Stanton is Chief Legal and Government Affairs Officer at BrightStar Care. Prior to joining BrightStar Care, she served as Administrator of the Department of Labor’s Wage and Hour Division. She was sworn in as WHD’s Administrator by U.S. Secretary of Labor Alexander Acosta on April 29, 2019.
Stanton brought a wealth of experience to WHD, most recently having served as the Executive Director of the South Carolina Department of Employment and Workforce. Under her leadership, South Carolina’s jobless rate dropped to its lowest point in at least 50 years. During that time period, South Carolina’s workforce system helped place over 500,000 South Carolinians into jobs. Stanton also partnered with her colleague at the Department of Corrections to create a job re-entry program for ex-offenders, receiving national accolades. She also oversaw two major information technology modernization projects that improved customer service and increased efficiencies for employees.
Stanton served as the White House’s principal legal liaison to the DOL under President George W. Bush. She is a graduate of Williams College, and earned her law degree from the University of Chicago Law School.
Solicitor, U.S. Department of Labor
Jonathan Berry is Solicitor at the U.S. Department of Labor, in service to President Trump’s agenda to put American workers first. He leads the Department’s lawyers in advising the Secretary and agency leadership on all aspects of law and in representing the Department in court. He was previously managing partner at Boyden Gray PLLC, where he provided strategic counsel and litigated on issues at the intersection of law, politics, and public policy. Earlier, he headed the regulatory office at Labor, and also served at the Department of Justice, in the first Trump Administration. Mr. Berry served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and to Associate Justice Samuel A. Alito, Jr., of the Supreme Court of the United States.
Chief Economist, American Compass
Oren Cass is the chief economist at American Compass and author of The Once and Future Worker: A Vision for the Renewal of Work in America (2018). He is a contributing editor for the Financial Times and a contributing opinion writer for the New York Times.
From 2005 to 2015, Oren worked as a management consultant in Bain & Company’s Boston and Delhi offices. During this period, he also earned his J.D. magna cum laude from Harvard Law School, where he was elected vice president and treasurer of the Harvard Law Review and oversaw the journal’s budget and operations. While still in law school, Oren also became Domestic Policy Director for Governor Mitt Romney’s 2012 presidential campaign, editing and producing the campaign’s “jobs book” and developing its domestic policy strategy, proposals, and research. He joined the Manhattan Institute as a senior fellow in 2015 and became a prolific scholar, publishing more than 15 reports for MI and editing its popular “Issues 2016” and “Issues 2020” series, testifying before seven congressional committees and speaking on dozens of college campuses. He founded American Compass at the start of 2020.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
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
Solicitor, U.S. Department of Labor
Jonathan Berry is Solicitor at the U.S. Department of Labor, in service to President Trump’s agenda to put American workers first. He leads the Department’s lawyers in advising the Secretary and agency leadership on all aspects of law and in representing the Department in court. He was previously managing partner at Boyden Gray PLLC, where he provided strategic counsel and litigated on issues at the intersection of law, politics, and public policy. Earlier, he headed the regulatory office at Labor, and also served at the Department of Justice, in the first Trump Administration. Mr. Berry served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit, and to Associate Justice Samuel A. Alito, Jr., of the Supreme Court of the United States.
Chief Economist, American Compass
Oren Cass is the chief economist at American Compass and author of The Once and Future Worker: A Vision for the Renewal of Work in America (2018). He is a contributing editor for the Financial Times and a contributing opinion writer for the New York Times.
From 2005 to 2015, Oren worked as a management consultant in Bain & Company’s Boston and Delhi offices. During this period, he also earned his J.D. magna cum laude from Harvard Law School, where he was elected vice president and treasurer of the Harvard Law Review and oversaw the journal’s budget and operations. While still in law school, Oren also became Domestic Policy Director for Governor Mitt Romney’s 2012 presidential campaign, editing and producing the campaign’s “jobs book” and developing its domestic policy strategy, proposals, and research. He joined the Manhattan Institute as a senior fellow in 2015 and became a prolific scholar, publishing more than 15 reports for MI and editing its popular “Issues 2016” and “Issues 2020” series, testifying before seven congressional committees and speaking on dozens of college campuses. He founded American Compass at the start of 2020.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
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
Showcase Panel IV: Race in the Law After SFFA
Peter Arcidiacono, David Bernstein, Lisa Branch, Sonja B. Starr, Kyle Rozema
2024 National Lawyers Convention
Students for Fair Admission v. Harvard was the most important decision on affirmative action in...
Topics
Another One Bites the Dust: Texas Court Invalidates EAP Salary Regs
On November 15, 2024, in Plano Chamber of Commerce v. U.S. Department of Labor, a...
Courthouse Steps Oral Argument: E.M.D. Sales, Inc. v. Carrera
Michael J. O'Neill, Cheryl M. Stanton
E.M.D. Sales, Inc. v. Carrera concerns what standard the court should apply in cases of...
Courthouse Steps Oral Argument: E.M.D. Sales, Inc. v. Carrera
Michael J. O'Neill, Cheryl M. Stanton
E.M.D. Sales, Inc. v. Carrera concerns what standard the court should apply in cases of...
Topics
Agency Exuberance: A Flaw or Feature in Labor and Employment Law?
Ours are not the only authors to note that the substantive work of federal agencies has...
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May the EEOC Embed Interrogatories in Subpoenas?
A routine subpoena from the Equal Employment Opportunity Commission to an employer might include items...
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The Public Service Freedom to Negotiate Act: How the Presidential Election Could Affect State Labor Relations
This November, when voters cast their ballots for president, few of them will be thinking...
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The NLRB’s “Laboratory Conditions” Are Overdue for Inspection
Just like campaigns for political office, union representation election campaigns are characterized by bombast, bloviation,...
Conservative Populism and the Future of the Right’s Relationship with Organized Labor
Jonathan Berry, Oren Cass, Richard A. Epstein, G. Roger King, Alexander T. MacDonald
On July 15th, Teamster’s president Sean O’Brien surprised the country by becoming the first head...
Conservative Populism and the Future of the Right’s Relationship with Organized Labor
Jonathan Berry, Oren Cass, Richard A. Epstein, G. Roger King, Alexander T. MacDonald
On July 15th, Teamster’s president Sean O’Brien surprised the country by becoming the first head...