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
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Alexander T. MacDonald advises employers on all aspects of the employment and labor landscape, focusing on emerging legislation and regulation. He has extensive experience advising businesses on worker classification, arbitration, the administrative and regulatory process, and the future of work. He frequently writes, publishes, and speaks on these subjects. His work has been cited by scholars and appellate courts. He is a recognized voice for the management perspective.
Alexander is a co-chair of the Workplace Policy Institute (WPI) team. With WPI, he advises employers on legislative, administrative, and regulatory developments at the state and federal level. He advocates for employers in the regulatory and administrative process. He also helps employers protect their businesses by understanding and anticipating cutting-edge legal developments.
Alexander also has extensive experience in traditional labor law. He represents management in all aspects of labor-management relations, including unfair labor practice charges, grievance arbitrations, representation elections, contract negotiations, and related litigation, including litigation in the U.S. courts of appeals.
Before joining Littler, Alexander served as the director, future of work, for a major technology company. He also worked in a national labor and employment law firm and a major public-sector general counsel’s office. He was a law clerk to the senior judges in the District of Columbia Court of Appeals.
He is also a veteran of the U.S. Air Force. He served in Operations Enduring Freedom and Iraqi Freedom. In law school, he graduated first in his class
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Partner, Williams & Connolly
Sarah Harris is a partner in Williams & Connolly’s Supreme Court and Appellate practice, where she represents clients in high-stakes appeals in the U.S. Supreme Court and federal and state appellate courts across the country. She has argued five cases before the U.S. Supreme Court, and she has presented many arguments in federal courts of appeals and state appellate courts. Her cases have run the gamut of substantive areas, including constitutional law—especially First Amendment and separation-of-powers issues—as well as administrative law, arbitration, class actions, antitrust, False Claims Act litigation, commercial litigation, and federal civil procedure.
Sarah is widely recognized for her appellate advocacy. Chambers USA has recognized her as “Up and Coming” in Appellate Law. She has been named to Bloomberg Law’s 40 Under 40 list of top lawyers nationwide and to Benchmark Litigation’s “40 & Under Hot List,” as well as a an appellate “Rising Star” by The National Law Journal and Law360, a “Next Generation Lawyer” by The Legal 500, and as one of Bloomberg Law’s “Five Fresh Faces to Know in Appellate.”
Sarah clerked for Justice Clarence Thomas on the Supreme Court of the United States, Judge Laurence Silberman on the United States Court of Appeals for the D.C. Circuit, and Judge Sandra Lynch on the United States Court of Appeals for the First Circuit. Before joining Williams & Connolly, she served as a Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel.
Sarah received her undergraduate degree summa cum laude from Princeton University, and her J.D. magna cum laude from Harvard Law School. She also holds a Ph.D. and M. Phil. from the University of Cambridge.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Partner, Williams & Connolly
Sarah Harris is a partner in Williams & Connolly’s Supreme Court and Appellate practice, where she represents clients in high-stakes appeals in the U.S. Supreme Court and federal and state appellate courts across the country. She has argued five cases before the U.S. Supreme Court, and she has presented many arguments in federal courts of appeals and state appellate courts. Her cases have run the gamut of substantive areas, including constitutional law—especially First Amendment and separation-of-powers issues—as well as administrative law, arbitration, class actions, antitrust, False Claims Act litigation, commercial litigation, and federal civil procedure.
Sarah is widely recognized for her appellate advocacy. Chambers USA has recognized her as “Up and Coming” in Appellate Law. She has been named to Bloomberg Law’s 40 Under 40 list of top lawyers nationwide and to Benchmark Litigation’s “40 & Under Hot List,” as well as a an appellate “Rising Star” by The National Law Journal and Law360, a “Next Generation Lawyer” by The Legal 500, and as one of Bloomberg Law’s “Five Fresh Faces to Know in Appellate.”
Sarah clerked for Justice Clarence Thomas on the Supreme Court of the United States, Judge Laurence Silberman on the United States Court of Appeals for the D.C. Circuit, and Judge Sandra Lynch on the United States Court of Appeals for the First Circuit. Before joining Williams & Connolly, she served as a Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel.
Sarah received her undergraduate degree summa cum laude from Princeton University, and her J.D. magna cum laude from Harvard Law School. She also holds a Ph.D. and M. Phil. from the University of Cambridge.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Associate, Baker Hostetler
Sean Sandoloski is a member of BakerHostetler’s Appellate and Major Motions Team. Sean has represented clients at every level of the federal judiciary, as well as in multiple federal agencies and state courts. He has extensive experience in constitutional, administrative, and antitrust law and litigation.
Sean has developed and implemented litigation, administrative, legislative, and communications strategies for clients—presenting holistic solutions for complex problems. He regularly works across groups and offices to tackle high-stakes, fast-moving issues, and advise clients on strategic and regulatory matters. Throughout his career, Sean has worked to cultivate and foster relationships at all levels from the highest offices in government to corporate executives to benefit his clients.
Prior to joining BakerHostetler, Sean served as Special Assistant and Associate Counsel to the President in the Office of White House Counsel, where his primary responsibilities included the selection and confirmation of judicial nominees. There, Sean worked closely with the Department of Justice, a number of federal agencies, and various congressional committees. He also previously served in the Appellate Section of the Department of Justice’s Antitrust Division, representing the United States in the courts of appeals and advising Division leadership on complex issues of federal law. Additionally, he clerked for Judge Steven M. Colloton of the United States Court of Appeals for the Eighth Circuit.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Lyle T. Alverson Professor of Law, George Washington University Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Judge, U.S. Court of Appeals for the Third Circuit
Hon. Jennifer Mascott served as Associate Professor of Law and Director of the Separation of Powers Institute at The Catholic University of America’s Columbus School of Law before her appointment to the federal bench. On July 16, 2025, President Donald J. Trump nominated her to the U.S. Court of Appeals for the Third Circuit (Delaware), and she was confirmed on October 9, 2025.
Prior to her confirmation, Judge Mascott wrote extensively in administrative and constitutional law, statutory interpretation, and the separation of powers. Her scholarship—published in leading journals including the Stanford Law Review, Notre Dame Law Review, and Supreme Court Review—was cited by the U.S. Supreme Court and multiple federal courts. She also contributed Supreme Court commentary for NBC Universal.
Before joining Catholic Law, she was an Assistant Professor and Co-Director of The C. Boyden Gray Center at George Mason University’s Antonin Scalia Law School. In 2022 she became co-author of Beermann, Cass & Diver’s Administrative Law: Cases and Materials (9th ed.). In 2023 she received the Justice Joseph Story Award for excellence in scholarship, teaching, and advancing the rule of law.
Judge Mascott also served as a Council Member of the ABA’s Administrative Law Section and as a Public Member of the Administrative Conference of the United States. She frequently testified before Congress on executive power, regulatory reform, and judicial jurisdiction, and participated in multiple Supreme Court confirmation hearings.
From 2019 to 2021, she took leave from academia to serve as Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel and later as Associate Deputy Attorney General, where she argued federal cases and assisted with Justice Amy Coney Barrett’s confirmation. Earlier in her career, she clerked for Justice Clarence Thomas and for then-Judge Brett M. Kavanaugh on the D.C. Circuit.
Judge Mascott earned her J.D. summa cum laude from the George Washington University Law School and her B.A. from the same institution.
Lyle T. Alverson Professor of Law, George Washington University Law School
Professor Pierce is author of over twenty books and 130 articles on administrative law, government regulation, and the effects of various forms of government intervention on the performance of markets. His books and articles have been cited in hundreds of judicial opinions, including over a dozen opinions of the U.S. Supreme Court.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Partner, Williams & Connolly
Sarah Harris is a partner in Williams & Connolly’s Supreme Court and Appellate practice, where she represents clients in high-stakes appeals in the U.S. Supreme Court and federal and state appellate courts across the country. She has argued five cases before the U.S. Supreme Court, and she has presented many arguments in federal courts of appeals and state appellate courts. Her cases have run the gamut of substantive areas, including constitutional law—especially First Amendment and separation-of-powers issues—as well as administrative law, arbitration, class actions, antitrust, False Claims Act litigation, commercial litigation, and federal civil procedure.
Sarah is widely recognized for her appellate advocacy. Chambers USA has recognized her as “Up and Coming” in Appellate Law. She has been named to Bloomberg Law’s 40 Under 40 list of top lawyers nationwide and to Benchmark Litigation’s “40 & Under Hot List,” as well as a an appellate “Rising Star” by The National Law Journal and Law360, a “Next Generation Lawyer” by The Legal 500, and as one of Bloomberg Law’s “Five Fresh Faces to Know in Appellate.”
Sarah clerked for Justice Clarence Thomas on the Supreme Court of the United States, Judge Laurence Silberman on the United States Court of Appeals for the D.C. Circuit, and Judge Sandra Lynch on the United States Court of Appeals for the First Circuit. Before joining Williams & Connolly, she served as a Deputy Assistant Attorney General in the Department of Justice’s Office of Legal Counsel.
Sarah received her undergraduate degree summa cum laude from Princeton University, and her J.D. magna cum laude from Harvard Law School. She also holds a Ph.D. and M. Phil. from the University of Cambridge.
Predistribution, Labor Standards, and Ideological Drift: Why Some Conservatives Are Embracing Labor Unions (and Why They Shouldn't)
Alexander T. MacDonald
Common ground isn’t always a good thing. For example, consider the growing popularity of “predistribution.”...
Topics
Fast Food, Minimum Wages, and the Pervasive Myth of Benevolent Unions: Why the Labor Movement Pushes for Stricter Labor Laws
Starting this month, California’s fast-food workers will earn a minimum of $20 an hour. The...
The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
Tammy Dee McCutchen, Alexander T. MacDonald
There is a war on independent contracting. Martial metaphors are often overworked in the law....
A Seat at the Sitting - October 2021
The October Docket in 90 Minutes or Less
TeleforumA Seat at the Sitting - October 2021
Jonathan H. Adler, Sarah M. Harris, Kate Comerford Todd
Streamed live on September 30, 2021Join us for the inaugural episode of the Federalist Society’s...
A Seat at the Sitting - October 2021
Jonathan H. Adler, Sarah M. Harris, Kate Comerford Todd
Streamed live on September 30, 2021Join us for the inaugural episode of the Federalist Society’s...
The End of Independent Agencies? Restoring Presidential Control of the Executive Branch
Andrew Grossman, Sean Sandoloski
On the day that President Joe Biden took office, among his first official acts was...
Carr v. Saul - Post-Decision SCOTUScast
Thomas Berry
On April 22, 2021 the Supreme Court decided Carr v. Saul. was whether a claimant...
Carr v. Saul - Post-Argument SCOTUScast
Richard J. Pierce, Jenn L. Mascott
On March 3, 2021, the Supreme Court will hear oral arguments in Carr v. Saul. The...
Courthouse Steps Oral Argument Teleforum: Carr v. Saul
Jenn L. Mascott, Richard J. Pierce
On March 3, 2021, the Supreme Court will hear oral arguments in Carr v. Saul. This...