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
Emeritus Professor and Editor, Emory University and First Things magazine
Mark Bauerlein is an editor at First Things and Professor of English Emeritus at Emory University, where he taught since earning his PhD in English at UCLA in 1989. From 2003 to 2005 he served as Director of the Office of Research and Analysis at the National Endowment for the Arts. He has written or edited 12 books, including Literary Criticism: An Autopsy (1997), The Pragmatic Mind: Explorations in the Psychology of Belief (1997), Negrophobia: A Race Riot in Atlanta, 1906 (2001), The Dumbest Generation: How the Digital Age Stupefies Young Americans and Jeopardizes Our Future (2008), and The Dumbest Generation Grows Up: From Stupefied Youth to Dangerous Adults (2022). His essays have appeared in PMLA, Philosophy and Literature, Partisan Review, Wilson Quarterly, Commentary, and New Criterion, and his commentaries and reviews in the Wall Street Journal, New York Times, Washington Post, Boston Globe, Weekly Standard, Politico, Vox, Slate, The Guardian, Chronicle of Higher Education, and other national periodicals. He has done more than 500 media interviews, including Fox & Friends, CNN, BBC World Today, NPR All Things Considered, ABC Nightline, 20/20, PBS NOVA, and The New Yorker podcast. He hosts a podcast at First Things, which focusses on recent books and runs twice a week. In January 2023, he was appointed a Trustee of New College Florida by Governor DeSantis.
Research Scholar in Law and Executive Director, Center for Academic Freedom and Free Speech, Yale Law School
Joe Cohn is a research scholar in law at Yale Law school and the executive director of the Center for Academic Freedom and Free Speech (CAFFS).
Cohn has served as a staff attorney at the AIDS Law Project of Pennsylvania, a staff attorney for the Court of Appeals for the 3rd Circuit, an adjunct professor of law at the University of Pennsylvania Law School, where he supervised law students representing clients in litigation in state and federal courts, and as the interim legal director for ACLU affiliates in Nevada and Utah.
A majority of Cohn’s career has been dedicated to defending civil liberties on college campuses and free expression in society at large. As the Foundation for Individual Rights and Expression’s (FIRE’s) founding legislative and policy director, from 2012 to 2023, he testified on numerous occasions in legislatures across America and in Congress, drafted legislation on campus free speech, campus due process, and academic freedom that has been enacted in states across the country. Immediately before joining CAFFS, Cohn advocated for open inquiry, viewpoint diversity, and constructive disagreement in higher education as Heterodox Academy’s director of policy.
Cohn writes extensively on civil liberties, with articles published in a wide array of media outlets, including the Wall Street Journal, the Washington Post, Newsweek, the Hill, the New York Daily News, the Chicago Tribune, the Las Vegas Review Journal, the Minnesota Star Tribune, the Chronicle of Higher Education, Inside Higher Ed, and the Volokh Conspiracy.
He earned his bachelor of arts from the University of Nevada at Las Vegas in 2000. He is a 2004 graduate of the University of Pennsylvania Carey School of Law and the Fels Institute of Government Administration, where he earned his J.D. and M.A. in Government Administration.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Professor of Business and Professor of Law (by courtesy) | Executive Director, Georgetown Institute for the Study of Markets and Ethics McDonough School of Business, Georgetown University
John Hasnas is a professor of business at Georgetown's McDonough School of Business and a professor of law (by courtesy) at Georgetown University Law Center in Washington, DC, where he teaches courses in ethics and law.
Professor Hasnas is also the executive director of the Georgetown Institute for the Study of Markets and Ethics, whose tripartite mission is to produce high-quality research on matters related to the ethics of market activity, improve ethics pedagogy, and educate the broader, non-academic community about ethical issues related to the functioning of markets.
Professor Hasnas has held previous appointments as associate professor of law at George Mason University School of Law, visiting associate professor of law at Duke University School of Law and the Washington College of Law at American University, and Law and Humanities Fellow at Temple University School of Law. Professor Hasnas has also been a visiting scholar at the Kennedy Institute of Ethics in Washington, DC and the Social Philosophy and Policy Center in Bowling Green, Ohio.
He received his B.A. in Philosophy from Lafayette College, his J.D. and Ph.D. in Legal Philosophy from Duke University, and his LL.M. in Legal Education from Temple Law School. His scholarship concerns ethics and white collar crime, jurisprudence, and legal history.
Shareholder, Greenberg Traurig
Jennifer Weddle is the Co-Chair of Greenberg Traurig's American Indian Law Practice and has wide-ranging experience in complex regulatory and jurisdictional issues, with a focus in Indian law, handling a variety of matters for tribal and non-tribal clients. She has a dynamic, inter-disciplinary practice that centers on providing strategies for resolving complex jurisdictional problems. Much of her practice focuses in the areas of tribal economic development and natural resources development. Jennifer also has U.S. Supreme Court experience, including serving as one of the attorneys for the respondent in Nevada v. Hicks (2001) and representing the petitioners in Ute Mountain Ute Tribe v. Padilla (2012) and Grand Canyon Skywalk Development, LLC v. Grand Canyon Resort Corporation (2013) and cert stage amici in Saginaw-Chippewa Tribe v. NLRB (2016) and United States v. Cooley (2020) and amici on the merits in Lewis v. Clarke (2017), U.S. v. Washington (2018), Carpenter v. Murphy (2018), McGirt v. Oklahoma (2020), and United States v. Cooley (2021).
Jennifer's work also includes negotiations for mineral leasing employment matters and representation before federal agencies. She has also been involved in civil litigation, working on numerous complex federal, state and tribal litigation matters, including class action tort litigation and large commercial disputes. Her transactional experience includes oil and gas renewables projects throughout the west, as well as Endangered Species Act work. Jennifer frequently assists tribes, banks and non-bank entities with financing and regulatory matters with Indian law components. Jennifer has wide-ranging project siting experience, including the application of NEPA, NHPA, and other environmental laws on tribal and public lands, including with respect to large linear multi-state energy and infrastructure projects. Jennifer has deep transactional, regulatory and litigation experience involving very complex matters with both legal and policy components.
Jennifer is past President of the National Native American Bar Association and past two-term Chair of the Federal Bar Association Indian Law Section. She currently serves as the Tenth Circuit Representative on the American Bar Association Standing Committee on the Federal Judiciary, a role she has held since 2018, spanning the evaluations for more than two dozen federal judicial nominees at every level of the federal courts. She is a ’00 graduate of Harvard Law School and a ’97 graduate of the University of Michigan (Classical Languages and Literature).
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
Judge, United States Court of Appeals, Fifth Circuit
James C. Ho is a Circuit Judge on the U.S. Court of Appeals for the Fifth Circuit. Before taking the bench on January 4, 2018, he was a partner and co-chair of the national Appellate and Constitutional Law practice group of Gibson, Dunn & Crutcher LLP.
As an appellate litigator for over a decade, including three years as the Solicitor General of Texas, Judge Ho presented 50 oral arguments in federal and state courts nationwide. He won numerous appeals, including three merits cases at the U.S. Supreme Court. He was routinely ranked among the nation’s leading lawyers by Benchmark, Chambers, Law360, The Legal 500, and The National Law Journal, among other publications. His work has been cited favorably by courts at every level of both the federal and state judiciaries. He won a Best Brief Award from the National Association of Attorneys General for every year that he served as solicitor general, and he is the only state solicitor general in history to be invited by the U.S. Supreme Court to express the views of a state.
Judge Ho has served in all three branches of the federal government. On the Senate Judiciary Committee, he served as chief counsel of the Subcommittees on the Constitution and Immigration under Senator John Cornyn. At the Justice Department, he served as Special Assistant to the Assistant Attorney General for Civil Rights and an attorney-advisor at the Office of Legal Counsel. He clerked for Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and Justice Clarence Thomas of the U.S. Supreme Court.
His record of public service also includes appointments as vice chair of the Federal Judicial Evaluation Committee in Texas and co-chair of the National Asian Pacific American Bar Association Judiciary Committee, and as a member of the U.S. Magistrate Judge Merit Selection Panel for the Northern District of Texas, the U.S. delegation to the United Nations Committee on the Elimination of Racial Discrimination, and the Continuity of Government Commission.
In addition, Judge Ho has served as an Adjunct Professor of Law at the University of Texas School of Law, where he taught seminars on U.S. Supreme Court Litigation and Religious Liberty. He has authored numerous articles in respected law reviews nationwide, including an annual feature on exemplary judicial writing for The Green Bag Almanac & Reader. He previously served as senior editor of The Green Bag and as co-editor of Pub. L. Misc.
Judge Ho graduated from Stanford University with honors and a B.A. in Public Policy in 1995, and the University of Chicago Law School with high honors in 1999. Before law school, he was a legislative aide to California State Senator Quentin Kopp. He and his wife Allyson live in Dallas, Texas, with their twin daughter and son.
Emeritus Professor and Editor, Emory University and First Things magazine
Mark Bauerlein is an editor at First Things and Professor of English Emeritus at Emory University, where he taught since earning his PhD in English at UCLA in 1989. From 2003 to 2005 he served as Director of the Office of Research and Analysis at the National Endowment for the Arts. He has written or edited 12 books, including Literary Criticism: An Autopsy (1997), The Pragmatic Mind: Explorations in the Psychology of Belief (1997), Negrophobia: A Race Riot in Atlanta, 1906 (2001), The Dumbest Generation: How the Digital Age Stupefies Young Americans and Jeopardizes Our Future (2008), and The Dumbest Generation Grows Up: From Stupefied Youth to Dangerous Adults (2022). His essays have appeared in PMLA, Philosophy and Literature, Partisan Review, Wilson Quarterly, Commentary, and New Criterion, and his commentaries and reviews in the Wall Street Journal, New York Times, Washington Post, Boston Globe, Weekly Standard, Politico, Vox, Slate, The Guardian, Chronicle of Higher Education, and other national periodicals. He has done more than 500 media interviews, including Fox & Friends, CNN, BBC World Today, NPR All Things Considered, ABC Nightline, 20/20, PBS NOVA, and The New Yorker podcast. He hosts a podcast at First Things, which focusses on recent books and runs twice a week. In January 2023, he was appointed a Trustee of New College Florida by Governor DeSantis.
Research Scholar in Law and Executive Director, Center for Academic Freedom and Free Speech, Yale Law School
Joe Cohn is a research scholar in law at Yale Law school and the executive director of the Center for Academic Freedom and Free Speech (CAFFS).
Cohn has served as a staff attorney at the AIDS Law Project of Pennsylvania, a staff attorney for the Court of Appeals for the 3rd Circuit, an adjunct professor of law at the University of Pennsylvania Law School, where he supervised law students representing clients in litigation in state and federal courts, and as the interim legal director for ACLU affiliates in Nevada and Utah.
A majority of Cohn’s career has been dedicated to defending civil liberties on college campuses and free expression in society at large. As the Foundation for Individual Rights and Expression’s (FIRE’s) founding legislative and policy director, from 2012 to 2023, he testified on numerous occasions in legislatures across America and in Congress, drafted legislation on campus free speech, campus due process, and academic freedom that has been enacted in states across the country. Immediately before joining CAFFS, Cohn advocated for open inquiry, viewpoint diversity, and constructive disagreement in higher education as Heterodox Academy’s director of policy.
Cohn writes extensively on civil liberties, with articles published in a wide array of media outlets, including the Wall Street Journal, the Washington Post, Newsweek, the Hill, the New York Daily News, the Chicago Tribune, the Las Vegas Review Journal, the Minnesota Star Tribune, the Chronicle of Higher Education, Inside Higher Ed, and the Volokh Conspiracy.
He earned his bachelor of arts from the University of Nevada at Las Vegas in 2000. He is a 2004 graduate of the University of Pennsylvania Carey School of Law and the Fels Institute of Government Administration, where he earned his J.D. and M.A. in Government Administration.
Judge, United States Court of Appeals, Fifth Circuit
Judge Duncan received his B.A. from Louisiana State University in 1994, his J.D. from the Paul M. Hebert Law Center at Louisiana State University in 1997, and his LL.M. from Columbia Law School in 2004.
After graduating from law school, he clerked for Louisiana-based Circuit Judge John Malcolm Duhé Jr. of the United States Court of Appeals for the Fifth Circuit.
From 2008–2012, Duncan served as Appellate Chief for Louisiana's Attorney General's office. From 2012–2014, he served as general counsel of the Becket Fund for Religious Liberty. From 2004-2008, he was an assistant professor of law at the University of Mississippi School of Law.
Before becoming a judge, Duncan practiced at the Washington, D.C. firm of Schaerr Duncan LLP, where he was a founding partner. He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit on May 1, 2018.
Commissioner, Federal Trade Commission
Andrew N. Ferguson was sworn in April 2, 2024 as a Commissioner of the Federal Trade Commission. President Joe Biden named Ferguson to a term that expires on September 25, 2030.
Ferguson most recently served as solicitor general of the Commonwealth of Virginia. Prior to that position, he served as chief counsel to U.S. Sen. Mitch McConnell of Kentucky, the Republican leader, and as a Republican counsel on the U.S. Senate Judiciary Committee. He also practiced law at several Washington, D.C. law firms. He earned his undergraduate degree and law degree from the University of Virginia. After law school, Ferguson clerked for Judge Karen L. Henderson on the U.S. Court of Appeals for the D.C. Circuit and U.S. Supreme Court Justice Clarence Thomas.
Professor of Business and Professor of Law (by courtesy) | Executive Director, Georgetown Institute for the Study of Markets and Ethics McDonough School of Business, Georgetown University
John Hasnas is a professor of business at Georgetown's McDonough School of Business and a professor of law (by courtesy) at Georgetown University Law Center in Washington, DC, where he teaches courses in ethics and law.
Professor Hasnas is also the executive director of the Georgetown Institute for the Study of Markets and Ethics, whose tripartite mission is to produce high-quality research on matters related to the ethics of market activity, improve ethics pedagogy, and educate the broader, non-academic community about ethical issues related to the functioning of markets.
Professor Hasnas has held previous appointments as associate professor of law at George Mason University School of Law, visiting associate professor of law at Duke University School of Law and the Washington College of Law at American University, and Law and Humanities Fellow at Temple University School of Law. Professor Hasnas has also been a visiting scholar at the Kennedy Institute of Ethics in Washington, DC and the Social Philosophy and Policy Center in Bowling Green, Ohio.
He received his B.A. in Philosophy from Lafayette College, his J.D. and Ph.D. in Legal Philosophy from Duke University, and his LL.M. in Legal Education from Temple Law School. His scholarship concerns ethics and white collar crime, jurisprudence, and legal history.
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....
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How Much Should Courts Defer to U.S. Sentencing Guidelines Commentary?
The federal circuit courts are irreconcilably split on a weighty question: How much deference should...
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A First Amendment Bulwark Against a Ministry of Truth
As many know by now, on July 4 in Missouri v. Biden, U. S. District...
Stanford Law School Alumni Rooftop Reception
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Missouri v. Biden: The Crossroads Between Misinformation and Free Speech
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Fair-Weather Originalism: Judges, Umpires, and the Fear of Being Booed
Salt Lake City Lawyers Chapter
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Florida Lawsuit Opens New Battleground over Federal Accreditation Policy
Postsecondary accreditation, once a low-profile policy backwater, has suddenly become a major target of reform...
Panel 4: Academic Freedom in Higher Education: The Role of States Defending Freedom of Thought
Mark Bauerlein, Joe Cohn, Stuart Kyle Duncan, Andrew N. Ferguson, John Hasnas
What policies and practices can states adopt to encourage freedom of thought within higher education?...
Panel 4: Academic Freedom in Higher Education: The Role of States Defending Freedom of Thought
State Power Review Conference
Washington, DCCourthouse Steps Decision: Haaland v. Brackeen
Jennifer H. Weddle
On Thursday, June 15, 2023, the Supreme Court issued its decision in Haaland v. Brackeen....