Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Deputy General Counsel, Local 32 BJ, Service Employees International Union
Brent Garren is a Deputy General Counsel of SEIU Local 32 BJ, the 145,000 member property services local in New York and the eastern seaboard. He worked for the International Ladies’ Garment Workers Union, then UNITE, UNITE HERE and Workers United prior to Local 32 BJ, including serving as General Counsel for UNITE HERE and later Workers United.
Mr. Garren’s career has focused on the National Labor Relations Act. He is an Editor-In-Chief of How to Take a Case Before the NLRB, the leading text on NLRB procedure. He is a member of and past union co-chair of the ABA’s subcommittee on Practice and Procedure under the NLRA, part of the Labor and Employment Law Section. He has spoken about and written on the NLRA, including on remedies, voluntary recognition and NLRB jurisdiction.
He has been involved in international labor solidarity activities, including representing U.S. labor to the International Labor Organization, dealing with protection of home workers and protection of contracted labor.
He was graduated by Wayne State School of Law, summa cum laude.
Partner, Gibson, Dunn & Crutcher, and Former United States Secretary of Labor
Eugene Scalia is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the firm’s Administrative Law and Regulatory Practice Group, and a senior member of the firm’s Labor and Employment Practice Group and Financial Institutions Practice Group. He returned to the firm after serving as U.S. Secretary of Labor from September 2019 to January 2021.
Mr. Scalia has a nationally-prominent practice in two areas: Labor and employment law, and advice and litigation regarding the regulatory obligations of federal administrative agencies. He also has extensive appellate experience. Federal regulatory actions he has challenged include the SEC’s “proxy access” rule; the CFTC’s “position limits’” rule; MetLife’s designation as “too big to fail” by the Financial Services Oversight Council; the Labor Department’s “fiduciary” rule; and OSHA’s “cooperative compliance program.”
As Labor Secretary, Mr. Scalia engaged at the highest level with national employment policy and matters affecting the financial services industry and international trade, overseeing the enforcement and administration of more than 180 federal employment laws covering more than 150 million workers and 10 million workplaces. He also served as Chair of the Board of Directors of the Pension Benefit Guaranty Corporation and as a member of the White House Coronavirus Task Force. He was closely involved in the drafting and implementation of the CARES Act and other coronavirus-related legislation. Laws administered by the Labor Department also include the workplace safety requirements of OSHA and the Mine Safety and Health Administration, federal minimum wage and overtime protections, the anti-discrimination requirements applicable to federal contractors, and ERISA’s protection of the more than $11 trillion held in employee retirement plans and health plans.
Mr. Scalia served from 2002 to 2003 as Solicitor of the U.S. Department of Labor, with responsibility for all Labor Department litigation and legal advice on rulemakings and administrative law. He is the only person to have served as both Solicitor and Secretary of Labor.
He also served at the U.S. Department of Justice as a Special Assistant to the Attorney General, receiving the Department’s Edmund J. Randolph Award in 1993.
In private practice, Mr. Scalia has represented employers in high-profile matters under the National Labor Relations Act and in class actions and collective actions under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, and federal and state wage hour laws. He has extensive experience in federal district court, the courts of appeals, and in the arbitration of employment disputes. He has been a leading authority on “whistleblower” investigations and litigation since the 2002 enactment of the Sarbanes-Oxley Act. Mr. Scalia also counsels employers on reductions-in-force and the proper conduct of harassment and discrimination investigations. He has provided pro bono representation to workers in discrimination matters, wrongful separation disputes, and other matters.
Mr. Scalia is a Senior Fellow of the Administrative Conference of the United States, a federal agency that makes recommendations to Congress and the Executive Branch on ways to improve the administrative process. He is the author of more than 30 articles and papers on labor and employment law, administrative law, and other subjects. Among other accolades, he has been named an “Employment MVP,” a “Securities MVP,” and an “Appellate MVP” by Law360. The National Law Journal recognized Mr. Scalia as a “Visionary” for his litigation against financial regulatory agencies, and the Nation magazine has called him a “fearsome litigator.” He has been a Lecturer in labor and employment law at the University of Chicago Law School.
Mr. Scalia graduated cum laude from the University of Chicago Law School, where he was editor-in-chief of the Law Review. He graduated With Distinction from the University of Virginia in 1985 and was a speechwriter for Education Secretary William J. Bennett before attending law school. Mr. Scalia and his wife Trish have seven children.
Mr. Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, international dispute resolution and counseling matters, and developing strategies for avoiding or responding to workplace-related crises.
Mr. Fortney has a broad-based practice representing and counseling employers and executives in employment and labor matters, including equal employment opportunity requirements, wage and hour matters, federal contractor's affirmative action and non-discrimination obligations, collective bargaining, and workplace health and safety. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before federal and state agencies, including the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.
Mr. Fortney has been widely recognized for his professional accomplishments, including being named one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USAsurvey of America’s Leading Lawyers for Business in all years from 2005 through 2015. He was selected for inclusion in the 2008 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Mr. Fortney was also awarded an AV rating (the highest level) by Martindale-Hubbell.
Before co-founding the firm, Mr. Fortney previously served as the chief legal officer of the U.S. Department of Labor in Washington, D.C. during the term of President George H.W. Bush. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation's workplaces and managing an agency with 800 attorneys and support staff. He advised Secretaries of Labor Elizabeth Dole and Lynn Martin and the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory and enforcement issues.
Mr. Fortney has testified before the U.S. Congress on several occasions and a state legislative committee on wage and hour matters.
Mr. Fortney is a frequent lecturer and writer on employment-related topics, including appearances on CNN, CBS and Fox News. Mr. Fortney is the co-editor of the Federal Employment Law Insider monthly newsletter, Chapter Editor of The Family and Medical Leave Act (2006) published by BNA Books, co-author of the Military Leave Compliance Kit (2001), published by M. Lee Smith Publishers, and lead author of the Guide to Employee Leave(1997), published by Warren, Gorham & Lamont.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Bell, McAndrews & Hiltachk, LLP
Staff Attorney, National Right to Work Legal Defense Foundation
Experience: Staff Attorney, National Right to Work Legal Defense Foundation, Springfield, VA, 1989-Present; Associate, Borland & Borland, Wilkes-Barre, PA, 1989; Intern, Criminal Division, U.S. Attorney’s Office, Atlanta, GA, U.S. Justice Department, 1988-89; Martindale-Hubbell® AV® Peer Review Rated.
Bar Admissions: Pennsylvania, 1989; District of Columbia, 1991; U.S. Supreme Court, 1992 (admitted only in PA & DC).
Law School: Emory University, J.D., 1989.
College: Hampden-Sydney College, B.A., with Honors in Political Science and History, magna cum laude, 1986.
Member: Federalist Society.
Publications: “Casting an Overdue Skeptical Eye: Knox v. SEIU,” CATO SUPREME COURT REVIEW, September 2012, at 333; “Making Windows into Litigants’ Souls: The Pernicious Potential of Gilpin v. AFSCME,” Engage, Apr. 2004, at 90; Co-author, “Big Labor’s Tyranny of the Minority: Forced Union Dues in Politics,” Federalist Society Free Speech & Election Law Newsletter, Fall 1996.
Reported Decisions (partial listing): Knox v. SEIU Local 1000, 132 S.Ct. 2277 (2012); Locke v. Karass, 555 U.S. 207 (2009); Cummings v. Connell, 402 F. 3d 935 (9th Cir. 2005); Prescott v. County of El Dorado, 177 F.3d 1102 (9th Cir. 1999), vacated, 528 U.S. 1111, reinstated in part, 204 F.3d 984 (9th Cir. 2000); Knight v. Kenai Peninsula Borough School District, 131 F.3d 807 (9th Cir. 1997); Johnson v. Lafayette Firefighters Ass’n, 51 F.3d 726 (7th Cir. 1995); Weaver v. University of Cincinnati, 942 F.2d 1039 (1991), further proceedings, 970 F.2d 1523 (6th Cir. 1992); Dixon v. City of Chicago, 948 F.2d 355 (7th Cir. 1991); Orr v. National Football League Players Ass’n, 147 L.R.R.M. (BNA) 2845 (Va. Cir. Ct. 1994), aff’d, 150 L.R.R.M. (BNA) 2191 (Va. 1995).
Of Counsel, Kirkland & Ellis LLP
John focuses his practice on labor and employment litigation and counseling employers on mergers, acquisitions and consolidations, downsizing, plant relocations, union representation elections, labor negotiations, strikes and lockouts, NLRB unfair labor practices, arbitration, wage and hour, wrongful discharge and equal employment. John, a former NLRB General Counsel and Labor Department official, was selected as a global leader in the field of employment & labor law in The International Who's Who of Labor and Employment Lawyers by Law Business Research, The Best Lawyers in America, and Super Lawyers.
John earned his B.A. from Brown University and both his J.D. and LL.M. from Georgetown.
Immigration Law and Policy Fellow, Cornell Law School
Randel Johnson has worked on employment and immigration law and policy issues for over twenty-five years, bringing a broad perspective from working in the executive agencies, on Capitol Hill, and in the private sector. Deeply involved in past efforts on comprehensive immigration reform, including testifying in both the U.S. House of Representatives and the U.S. Senate, his experience includes working as the senior vice president at the U.S. Chamber of Commerce, labor counsel to the House Education and Labor Committee, and special assistant to the solicitor of labor at the U.S. Department of Labor. He was also a partner at the law firm of Seyfarth Shaw and most recently a judge on the Administrative Review Board at the Labor Department.
Robert Mundheim Professor of Law, University of Pennsylvania Law School
Amy Wax's work addresses issues in social welfare law and policy as well as the relationship of the family, the workplace, and labor markets. By bringing to bear her training in biomedical sciences and appellate practice as well as her interest in economic analysis, Wax has developed a uniquely insightful approach to problems in her areas of expertise.
Wax's career has been stellar. As an Assistant to the Solicitor General in the Office of the Solicitor General at the U.S. Department of Justice in the late 1980s and early 1990s, Wax argued 15 cases before the United States Supreme Court. She taught for seven years at the University of Virginia Law School before joining the Penn Law faculty in 2001.
Wax has published widely in law journals, including Chicago, Virginia, Villanova, Indiana, Emory, the Virginia Journal of Social Policy and Law, Yale Journal on Regulation and the Michigan Journal of Race and Law. Papers in press address liberal theory and welfare work requirements as well as the economics of federal disability laws. Current work in progress includes articles on law and evolutionary psychology, the political psychology of social security reform, and economic models of the family-friendly workplace. Wax has also received the A. Leo Levin Award for Excellence in an Introductory Course.
Secretary, US Department of Transportation
The Honorable Elaine L. Chao, the 24th U. S. Secretary of Labor who served from 2001-2009, is the first American woman of Asian descent to be appointed to a President’s Cabinet in our nation’s history. On January 31, 2017, she was confirmed as the 18th U.S. Secretary of Transportation.
An immigrant who arrived in America at the age of eight speaking no English, Secretary Chao received her citizenship at the age of 19. Her experience transitioning to a new country has motivated her to dedicate most of her professional life to ensuring that everyone has the opportunity to build better lives.
As the first U. S. Secretary of Labor in the 21st century, Elaine L. Chao focused on increasing the competitiveness of America’s workforce by restructuring department programs to empower workers and modernizing regulations to respond to the realities of the 21st century workplace. Under her leadership, the U.S. Department of Labor achieved record results in protecting the health, safety, wages, and retirement security of the nation’s workforce.
Secretary Chao’s distinguished career spans the public, private and non-profit sectors. As President and Chief Executive Officer of United Way of America, she restored public trust and confidence in one of our nation’s premier charitable institutions after it had been tarnished by financial mismanagement and abuse. As Director of the Peace Corps, she established the first programs in the newly liberated Baltic nations and the independent states of the former Soviet Union. Her government service also includes serving as Deputy Secretary at the U.S. Department of Transportation, Chairman of the Federal Maritime Commission, Deputy Maritime Administrator, and White House Fellow. Prior to her government service, she was Vice President of Syndications at BankAmerica Capital Markets Group and a banker with Citicorp in New York.
Secretary Chao earned her MBA from the Harvard Business School and an economics degree from Mount Holyoke College. Recognized with innumerable awards for her public and community service, she is the recipient of 36 honorary doctorate degrees from colleges and universities across the globe.
Secretary Chao is a resident of Kentucky. Prior to her appointment as Secretary of Transportation, she was a Distinguished Fellow at the Hudson Institute.
She is the eldest of six daughters of Dr. James S.C. Chao and the late Mrs. Ruth Mulan Chu Chao.
Of Counsel, Kirkland & Ellis LLP
John focuses his practice on labor and employment litigation and counseling employers on mergers, acquisitions and consolidations, downsizing, plant relocations, union representation elections, labor negotiations, strikes and lockouts, NLRB unfair labor practices, arbitration, wage and hour, wrongful discharge and equal employment. John, a former NLRB General Counsel and Labor Department official, was selected as a global leader in the field of employment & labor law in The International Who's Who of Labor and Employment Lawyers by Law Business Research, The Best Lawyers in America, and Super Lawyers.
John earned his B.A. from Brown University and both his J.D. and LL.M. from Georgetown.
Of Counsel, Kirkland & Ellis LLP
John focuses his practice on labor and employment litigation and counseling employers on mergers, acquisitions and consolidations, downsizing, plant relocations, union representation elections, labor negotiations, strikes and lockouts, NLRB unfair labor practices, arbitration, wage and hour, wrongful discharge and equal employment. John, a former NLRB General Counsel and Labor Department official, was selected as a global leader in the field of employment & labor law in The International Who's Who of Labor and Employment Lawyers by Law Business Research, The Best Lawyers in America, and Super Lawyers.
John earned his B.A. from Brown University and both his J.D. and LL.M. from Georgetown.
New York Court Limits Preemption of State’s Labor Law
Publius
Distinguishing the United States Supreme Court’s decision in Hoffman Plastic Compounds Inc. v. National Labor...
Contending With Diverse State Employment Laws In A Global Economy, or What's So Great About Federalism?
2005 National Lawyers Convention
Washington, DCThe High Road to Section 7 Rights: The Law of Voluntary Recognition Agreements
Brent Garren
Voluntary recognition agreements (“VRAs”), also known as “neutrality agreements” or “card check agreements” depending on...
Labor and Employment Law: A Briefing
Arthur Rosenfeld, Eugene Scalia, Cari M. Dominguez, David Fortney
MR. FORTNEY: My name is David Fortney. I am the Chair of the Federalist Society’s...
Address by Secretary Elaine Chao
2001 National Lawyers Convention
Washington, DCRegulatory Enforcement of Labor and Employment Law: What the Future Holds
2000 National Lawyers Convention
Washington, DCCase Notes
Jeffrey Bossert Clark
Three cases with significant implications for environmental and/or property-rights law are addressed below. Kumho Tire...
Proposition 226 Paycheck Protection: the California Experience
Charles H. Bell
"Paycheck Protection" legislation has been introduced in nearly a dozen states and in Congress in...
Big Labor's Tyranny of the Minority: Forced Union Dues in Politics
Edith Hakola, W. James Young
The AFL-CIO has received much attention for its $35 million campaign to bring a Democratic...