Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Vice President, Practice Groups, The Federalist Society
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.
Senior Fellow, National Review
Bestselling author Andrew C. McCarthy is a contributing editor at National Review, a senior fellow at National Review Institute, and a Fox News contributor. He is a former Chief Assistant United States Attorney in the Southern District of New York and led the terrorism prosecution against the “Blind Sheikh” (Omar Abdel Rahman) and eleven other jihadists for conducting a war of urban terrorism against the United States that included the 1993 World Trade Center bombing and a plot to bomb New York City landmarks. During is 20-year career as a prosecutor, he received numerous honors, including the Justice Department’s highest awards. Andy speaks and writes widely on law and national security, radical Islam, politics, and culture. He has testified before Congress as an expert on issues of constitutional law, counterterrorism, and law-enforcement. He is a columnist for The Hill, and his essays and book reviews appear frequently at The New Criterion. His most recent New York Times bestselling book is Ball of Collusion (Encounter Books, 2019), about the Russiagate controversy (an updated version was published in 2020). His other books include Willful Blindness (2008), The Grand Jihad (2010), Spring Fever: The Illusion of Islamic Democracy (2012), and Faithless Execution (2014). He has also written several pamphlets in the Broadside series published by Encounter Books, most recently Islam and Free Speech (2015).
Segal Family Professor of Regulatory Law and Policy, New York University School of Law
Rachel Barkow is the Segal Family Professor of Regulatory Law and Policy and the Faculty Director of the Center on the Administration of Criminal Law at NYU. In June of 2013, the Senate confirmed her as a Member of the United States Sentencing Commission. Since 2010, she has also been a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel.
Professor Barkow teaches courses in criminal law, administrative law, and constitutional law. In 2013, she was the recipient of the NYU Distinguished Teaching Award. The Law School awarded her its Podell Distinguished Teaching Award in 2007.
Her scholarship focuses on criminal law, and she is especially interested in applying the lessons and theory of administrative and constitutional law to the administration of criminal justice. She has written more than 20 articles that span a range of topics. She has written several articles on sentencing, including the relationship between modern sentencing laws and the constitutional role of the criminal jury; federalism and the politics of sentencing; the role of cost-benefit and risk tradeoff analysis in sentencing policy; what institutional model works for designing agencies that regulate criminal punishment; the political factors that lead to guideline and commission formation; and the flawed bifurcation between capital and noncapital constitutional sentencing jurisprudence. Professor Barkow has also explored in numerous articles the role of prosecutors in the criminal justice system. For example, she has analyzed how the lessons of institutional design from administrative law could improve the way prosecutors' offices are structured; she has looked to organizational guidelines and compliance programs as a model for prosecutorial oversight; and she has considered the increasing role of prosecutors as regulators through the conditions they place on corporations. Professor Barkow has also explored larger structural questions of how criminal justice is administered in the United States. In a series of major articles, she has explored the relationship between separation of powers and the criminal law and the relationship between federalism and the criminal law. Professor Barkow has also considered the role of mercy and clemency in criminal justice, paying particular attention to the relationship between administrative law's dominance and the increasing reluctance of scholars and experts to accept pockets of unreviewable discretion in criminal law.
Barkow has been invited to present her work in various settings. In the summer of 2009, Barkow testified before the House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection regarding the institutional design of the proposed Consumer Financial Protection Agency. Barkow testified before the United States Sentencing Commission at a 2009 regional hearing on the 25th Anniversary of the Sentencing Reform Act. In the summer of 2004, Barkow testified before the Senate Judiciary Committee at a hearing on the future of the Federal Sentencing Guidelines. She has also presented her work on sentencing to the National Association of Sentencing Commissions Conference, the Federal Judicial Center's National Sentencing Policy Institute, and the Judicial Conference of the Courts of Appeals for the First and Seventh Circuits. In addition, Barkow has presented papers at numerous law schools.
After graduating from Northwestern University (B.A. 1993), Barkow attended Harvard Law School (J.D. 1996), where she won the Sears Prize, which is awarded annually to two students with the top overall grade averages in the first-year class. Barkow served as a law clerk to Judge Laurence H. Silberman on the District of Columbia Circuit, and Justice Antonin Scalia on the U.S. Supreme Court. Barkow was an associate at Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, in Washington, D.C., from 1998-2002, where she focused on telecommunications and administrative law issues in proceedings before the FCC, state regulatory agencies, and federal and state courts. She took a leave from the firm in 2001 to serve as the John M. Olin Fellow in Law at Georgetown University Law Center.
District Court Judge, United States Court of Appeals, 2nd Circuit
Bianco has served as a United States District Court judge for the Eastern District of New York since 2006. Most notably, he presided over several cases involving the MS-13 gang.
Prior to his confirmation to the bench, he spent portions of his career working in government, as both senior counsel/deputy assistant attorney general for the Department of Justice Criminal Division from 2004 to 2006, and as an assistant United States attorney for the Southern District of New York from 1994 to 2003. Bianco also worked in private practice as counsel at Debevoise & Plimpton LLP from 2003 to 2004, and as an associate at Simpson Thacher & Bartlett LLP from 1991 to 1992 and 1993 to 1994.
Bianco clerked for Judge Peter K. Leisure on the District Court for the Southern District of New York from 1992 to 1993. He received his J.D. from Columbia University School of Law in 1991 and his B.A. from Georgetown University in 1988.
Bianco has been a member of the Federalist Society since 2004.
Maurice and Hilda Friedman Professor of Law, Columbia Law School; CEO, New Civil Liberties Alliance
Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School, and Chief Executive Officer at the New Civil Liberties Alliance. Before coming to Columbia, he was the John P. Wilson Professor at the University of Chicago Law School.
He writes on constitutional law and its history—with particular emphasis on religious liberty, freedom of speech and the press, judicial office, administrative power, and unconstitutional conditions.
His books are Separation of Church and State (Harvard 2002), Law and Judicial Duty (Harvard 2008), Is Administrative Law Unlawful? (Chicago 2014), The Administrative Threat (Encounter 2017), and Liberal Suppression: Section 501(c)(3) and the Taxation of Speech (Chicago 2018). A forthcoming book is Purchasing Submission: Conditions, Power, and Freedom (Harvard 2021).
He is a member of the American Academy of Arts and Sciences, and he has served on the board of directors of the American Society for Legal History. He has twice received the Sutherland Prize for the most significant contribution to English legal history, and has been awarded the Henry Paolucci - Walter Bagehot Book Award, the Hayek Book Prize, and the Bradley Prize.
Dean and Lucy G. Moses Professor of Law, Columbia Law School
Gillian Lester is Dean and the Lucy G. Moses Professor of Law at Columbia Law School.
She is a nationally recognized authority on employment law and policy whose research has explored workplace intellectual property law, public finance policy, and the design of social insurance laws and regulations. Dean Lester is the author of numerous books and articles and is co-author of one of the leading casebooks on employment law, Employment Law Cases and Materials. She is also a member of the American Law Institute and was an adviser to the ALI Restatement of Employment Law.
Dean Lester began her teaching career in 1994 at UCLA School of Law, becoming a full professor in 1999, and joined the Berkeley Law faculty in 2006. At Berkeley, she was the Alexander F. and May T. Morrison Professor of Law and Mimi Wolfen Research Professor, and also served as co-director of the Berkeley Center for Health, Economic and Family Security; Associate Dean for the J.D. Program and Curricular Planning; and, most recently, Acting Dean (2012-2014).
She has held external appointments as the Sidley Austin Visiting Professor at Harvard Law School and Sloan Fellow and Visiting Professor at Georgetown University Law Center. Dean Lester also held short-term visiting appointments at USC Gould School of Law, University of Chicago Law School, and Radzyner School of Law Interdisciplinary Center in Herzliya, Israel.
Dean Lester, Columbia Law School’s 15th dean, holds degrees from Stanford Law School and the University of Toronto Faculty of Law, where she served as Editor-in-Chief of the law review. She earned her undergraduate degree from the University of British Columbia.
Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School
Jonathan R. Macey is Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law at Yale University, and Professor in the Yale School of Management. From 1991 – 2004, Professor Macey was J. DuPratt White Professor of Law, Director of the John M. Olin Program in Law and Economics at Cornell Law School, and Professor of Law and Business at the Cornell University Johnson Graduate School of Business. Professor Macey earned his B.A. cum laude from Harvard in 1977, and his J.D. from Yale Law School in 1982, where he was Article and Book Review editor of The Yale Law Journal. In 1996, Professor Macey received a Ph.D. honoris causa from the Stockholm School of Economics. Following law school, Professor Macey was law clerk to Judge Henry J. Friendly on the U.S. Court of Appeals for the Second Circuit.
Professor Macey is the author of several books including the two-volume treatise, Macey on Corporation Laws, published in 1998 (Aspen Law & Business), and co-author of two leading casebooks, Corporations: Including Partnerships and Limited Liability Companies (2003 Thomson West), which is in its eighth edition, and Banking Law and Regulation (2002 Aspen Law & Business), which is now in its third edition. He also is the author of over 100 scholarly articles. His recent articles have appeared in the Banking Law Journal, the University of Chicago Law Review, the Stanford Law Review, The Yale Law Journal, the Cornell Law Review, the Journal of Law and Economics, and the Brookings Wharton Papers on Financial Institutions. He has published numerous editorials in such publications as The Wall Street Journal, Forbes, The Los Angeles Times, and The National Law Journal.
Professor Macey has taught at major universities throughout the world, including Bocconi University (Milan), the University of Tokyo; the University of Toronto; the University of Turin, the University of Amsterdam Department of Finance, and the Stockholm School of Economics, Department of Law. He also has been Professor of Law at the University of Chicago (1990) and Visiting Professor of Law at Harvard Law School (1999). Professor Macey is a Senior Research Fellow at the International Centre for Economic Research (ICER) in Turin, Italy. Professor Macey also serves on the Academic Advisory Board (Comitato Scientifico) of the Associazione Disiano Preite for the study of corporate law (per lo studio del diritto dell’impresa). In 1995, Professor Macey was awarded the Paul M. Bator prize for excellence in Teaching, Scholarship and Public Service by the Federalist Society for Law and Public Policy. In 1996, he received a Ph.D., honoris causa from the Stockholm School of Economics. And in 1998, he received the D.P. Jacobs prize for the most significant paper in volume 6 of the Journal of Financial Intermediation for his paper (co-authored with Maureen O’Hara), “The Law & Economics of Best Execution.”
In 1999 Professor Macey was made an honorary Fellow of the Society For Advanced Legal Studies. In 2000, Professor Macey became a member of the Legal Advisory Committee to the Board of Directors of the New York Stock Exchange. In 2001 Professor Macey was appointed a Bertil Daniellson Distinguished Visiting Professor in Banking and Finance at the Stockholm School of Economics. In 2002 Professor Macey was appointed to the Economic Advisory Board of the National Association of Securities Dealers (NASD). In 2004 Professor Macey was awarded a Teaching Award by the Yale Law Women in recognition of his “commitment to excellence in teaching, mentoring and inspiring.” In 2005 Professor Macey became a member of the Board of Editors of Thomson West Publishing Company.
Partner, WilmerHale LLP
Matthew Martens represents clients in their toughest civil and criminal investigations and litigation. He is one of the few lawyers who has appeared—and won—at trial at “all four tables”: civil plaintiff, civil defendant, criminal prosecution, and criminal defendant. In all, he has tried 26 cases ranging from securities fraud to patent infringement to consumer fraud to murder to employment law to money laundering, in New York, California, Illinois, Texas, Florida, Washington, South Dakota, New Jersey, and North Carolina. He has also argued 18 appeals in federal and state appellate courts across the country. Martens joined WilmerHale after a long career of government service, including both as Chief Litigation Counsel for the SEC’s Division of Enforcement and, earlier, as Chief of Staff for the Criminal Division at the US Department of Justice during the Bush Administration. He has been recognized as an AmLaw Daily Litigator of the Week, a National Law Journal Litigation Trailblazer and a Law360 Securities Law MVP.
At the SEC, Martens led the Enforcement Division's litigation program, managing cases nationwide and supervising a trial unit of approximately 40 attorneys in Washington DC, as well as coordinating the activity of litigators throughout the SEC's 11 regional offices. He personally developed and directed the Commission's nationwide litigation response to the Supreme Court's decision in Janus Capital, for which he received the SEC's prestigious Chairman's Award for Excellence.
Harlan Fiske Stone Professor of Constitutional Law, Columbia Law School
A leading administrative and constitutional law scholar, Gillian Metzger ’96 writes and teaches in the areas of administrative law, constitutional law, and federal courts, with an emphasis on federalism and privatization. In 2023-2024, she served as Acting Assistant Attorney General and Deputy Assistant Attorney General in the Office of Legal Counsel in the Department of Justice.
Metzger's recent work covers topics ranging from constitutional attacks on the administrative state to appropriations, administrative law under the Roberts Court, and the role of administrative agencies in a polarized world. In 2015, Metzger won the American Bar Association Administrative Law Section Annual Scholarship Award for “The Constitutional Duty to Supervise,” which examined presidential control and oversight of the modern administrative state. She is a co-editor of Gellhorn & Byse’s Administrative Law: Cases and Comments, 13th ed. (Foundation Press, 2023), a seminal administrative law casebook.
Professor Metzger was recently elected to the American Academy of Arts & Sciences and is a Senior Fellow of the Administrative Conference of the United States. In 2020, she was awarded Columbia University's Faculty Mentorship Award and in 2014, the Law School’s graduating class awarded Metzger the Willis L.M. Reese Prize for Excellence in Teaching, recognizing, among many other accomplishments, her commitment to mentoring new generations of law students.
In 2012, Metzger helped launch Columbia Law School’s Center for Constitutional Governance (CCG)—where she now serves as faculty director—a nonpartisan legal and policy organization devoted to the study of constitutional structure and authority. CCG brings together a diverse group of constitutional scholars to explore policy areas such as health care, civil rights, immigration, financial regulation, and national security.
Metzger also has co-authored and filed numerous amicus briefs in major constitutional and administrative law challenges before the Supreme Court and other courts. Most recently, Metzger filed a brief in Seila Law Center v. CFPB, a separation of powers challenge, and in Kisor v. Wilkie, a case involving judicial deference to agencies. She has also filed briefs in cases involving reproductive rights and the Affordable Care Act, among others.
Previously, Metzger served as vice dean of intellectual life at Columbia Law School. Before joining the Law School, she worked as an attorney with the Brennan Center for Justice. Metzger also clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg ’59 and Judge Patricia M. Wald of the U.S. Circuit Court of Appeals for the District of Columbia. In 2018, Metzger moderated a panel discussion with Justice Ginsburg on impact litigation at Columbia Law School.
Former United States Attorney General
Michael B. Mukasey is the former Attorney General of the United States, the nation’s chief law enforcement officer. As Attorney General from November 2007 to January 2009, he oversaw the U.S. Department of Justice and advised on critical issues of domestic and international law.
From 1988 to 2006, Judge Mukasey served as a district judge in the United States District Court for the Southern District of New York, becoming Chief Judge in 2000.
From 1972 to 1976, Judge Mukasey served as an Assistant United States Attorney for the Southern District of New York, and as Chief of the Official Corruption Unit from 1975 to 1976. His practice consisted of criminal litigation on behalf of the government, including investigation and prosecution of narcotics, bank robbery, interstate theft, securities fraud, fraud on the government and bribery. From 1976 to 1987 and from 2006 to 2007 he was in private practice.
Judge Mukasey has received numerous honors, including the Federal Bar Council’s Learned Hand Medal for Excellence in Federal Jurisprudence. He served as Chairman of the Committee on Public Access to Information and Proceedings of the New York Bar Association from 1984 to 1987. He served on the Federal Courts Committee of the Association of the Bar of the City of New York from 1979 to 1982 and its Communications Law Committee from 1983 to 1986. Judge Mukasey was also a part-time lecturer at Columbia School of Law from January 1993 to May 2007, teaching trial advocacy.
He received his LL.B. from Yale Law School in 1967 and his B.A. from Columbia College in 1963.
U.S. Court of Appeals, Second Circuit
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Richard J. Sullivan was sworn in as a United States Circuit Court Judge for the Second Circuit in October 2018. Before that, Judge Sullivan served for eleven years as a United States District Judge for the Southern District of New York. Prior to becoming a judge, he served as the General Counsel and Managing Director of Marsh Inc., the world's leading risk management and insurance brokerage firm. From 1994 to 2005, he served as an Assistant United States Attorney in the Southern District of New York, where he was Chief of the International Narcotics Trafficking Unit and Director of the New York/New Jersey Organized Crime Drug Enforcement Task Force. In 2003, he was awarded the Henry L. Stimson Medal from the Association of the Bar of the City of New York. In 1998, he was named the Federal Law Enforcement Association's Prosecutor of the Year. Prior to joining the U.S. Attorney's Office, he was a litigation associate at Wachtell, Lipton, Rosen & Katz in New York and a law clerk to the Honorable David M. Ebel of the United States Court of Appeals for the 10th Circuit. He is a graduate of Yale Law School, the College of William & Mary, and Chaminade High School on Long Island. From 1986 to 1987, he served as a New York City Urban Fellow under New York City Police Commissioner Benjamin Ward. Judge Sullivan is on the executive board of the New York American Inn of Court and the Center for Law and Religion at St. John’s University School of Law. He is an adjunct professor at Columbia Law School, where he teaches courses on sentencing and jurisprudence, and he previously served as an adjunct professor at Fordham Law School, where he taught courses on white collar crime and trial advocacy and was named Adjunct Professor of the Year.
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U.S. Court of Appeals for the D.C. Circuit (ret.) and former U.S. Senator
James L. Buckley was born in New York City in 1923, grew up in rural Connecticut, and received his B.A. degree from Yale. Following service as a naval officer in World War II, he returned to New Haven to secure his law degree. After several years in private practice, he joined a group of small companies engaged in oil exploration abroad. He was elected to the United States Senate in 1970 as the candidate of New York's Conservative Party. He failed of re-election; but he has since served as an under secretary of state in the Reagan administration, as president of Radio Free Europe/Radio Liberty in Munich, Germany, and, most recently, as a judge on the U.S. Court of Appeals for the District of Columbia Circuit. He retired in 2000 and now resides in Bethesda, Maryland.
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