Director, Faculty Relations, The Federalist Society
Katie McClendon is the Director of Faculty Relations at the Federalist Society, where she has worked since 2015.
Katie holds a J.D. from the University of Pennsylvania Law School and a B.A. in Political Science from Biola University, where she was a member of the Torrey Honors Institute. She is a fellow of the John Jay Institute and the Blackstone Legal Fellowship. Katie is originally from Los Angeles, and she now lives with her husband and four children in Atlanta.
Deputy Secretary of Agriculture, U.S. Department of Agriculture
Judge Stephen Alexander Vaden was appointed as the Deputy Secretary of the U.S. Department of Agriculture on July 7, 2025. Alongside Secretary Brooke L. Rollins, Deputy Secretary Vaden leads the Department’s operations and implements policies that support America’s food and farm systems. A native of Union City, Tennessee, Deputy Secretary Vaden brings expertise in agricultural policy, law, and rural development. Previously, he served as a judge on the U.S. Court of International Trade and as General Counsel of USDA. Throughout Deputy Secretary Vaden’s time as General Counsel, he led successful Supreme Court litigation, advanced regulatory reform, and supported the implementation of the 2018 Farm Bill. He is a graduate of Yale Law School and Vanderbilt University. A public servant with strong agricultural roots, Deputy Secretary Vaden is committed to revitalizing rural America and ensuring an abundant, affordable, and safe U.S. food supply.
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.
President, Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
Shareholder, Jackson Lewis PC
Paul DeCamp is a Shareholder in the Washington, D.C. Region office of Jackson Lewis P.C. and leader of the firm’s Wage and Hour Practice Group. His practice focuses exclusively on management-side wage and hour law.
Mr. DeCamp devotes much of his practice to complex litigation, including class, collective, and hybrid actions. He has served as lead or co-counsel in scores of class and putative class cases around the country involving such industries as restaurants, pharmaceutical sales, financial services, retail, medical supplies, security, health care, information technology, and aerospace. Mr. DeCamp also defends federal and state agency investigations, conducts preventive compliance reviews, and provides day-to-day advice and counsel regarding such issues as exempt/non-exempt classification, permissible pay deductions, measuring working time, regular rate calculations for premium overtime pay, determining proper pay and duties for tipped employees, complying with state laws concerning meal and rest periods, and independent contractor status. He has provided extensive wage and hour guidance in a variety of industries including restaurants and hospitality, retail, wholesale distribution, health care, financial services, oil and gas, and government contracting.
Before joining Jackson Lewis, Mr. DeCamp served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, the chief federal officer responsible for interpreting and enforcing the Nation’s wage and hour laws on behalf of roughly 135 million workers in 7.3 million workplaces around the country. Appointed by the President, he was in charge of a federal agency with close to 1,300 employees in more than 220 offices nationwide, operating on an annual budget of more than $170 million.
Mr. DeCamp has testified in Congress on a variety of wage and hour topics, most recently in 2014. He is a frequent speaker at seminars and conferences across the country, as well as an author of numerous articles and book chapters regarding wage and hour law and litigation. He is a member of the American Employment Law Council and the editorial advisory board for Thompson Publishing Group’s four Fair Labor Standards Act publications. Since 2011, Mr. DeCamp has been listed as one of the country's leading labor and employment lawyers in Chambers USA: America's Leading Lawyers for Business. He has also been selected for inclusion in Virginia Super Lawyers since 2013, after having been listed twice in Virginia Super Lawyers Rising Stars. OS Restaurant Partners (now Bloomin’ Brands), which operates Outback Steakhouse and Carrabba’s Italian Grill, among other restaurant concepts, has twice recognized Mr. DeCamp’s team at Jackson Lewis as “Purveyor of the Year.”
Mr. DeCamp received his A.B. in Government, magna cum laude, from Harvard College in 1992. In 1995, he earned his J.D. from the Columbia University School of Law, where he was a Notes Editor for the Columbia Law Review and the Director of the First-Year Moot Court Program. After law school, he clerked for the Honorable Alan E. Norris of the U.S. Court of Appeals for the Sixth Circuit.
Partner, Seyfarth & Shaw LLP
Mr. Passantino is a Co-Chair for Seyfarth & Shaw LLP’s Wage and Hour Litigation Practice Group. Mr. Passantino, the former Acting Administrator of the U.S. Department of Labor’s Wage and Hour Division, focuses his practice on all aspects of wage and hour law, including advising employers on federal and state wage and hour compliance issues, auditing payroll and employee classification practices, representing employers before the U.S. Department of Labor, and defending class and collective action litigation.
In his national practice, Mr. Passantino provides day-to-day advice and assistance to employers in their efforts to comply with the federal Fair Labor Standards Act and the state laws that require employers to pay overtime and minimum wages to their employees. In addition, Mr. Passantino provides guidance and counseling to government contractors who are subject to the Service Contract Act and the Davis-Bacon Act. He advises clients on implementing compliance programs, auditing and correcting wage and hour issues, and responding to the ever-changing wage and hour legal landscape. Mr. Passantino has also defended numerous wage and hour lawsuits, including both individual claims and class and collective actions.
Mr. Passantino is active in the hospitality, construction, retail, financial services, and energy industries, and regularly assists trade associations and individual employers in those industries with public policy, legislative, regulatory, and administrative issues. He has testified before a number of congressional committees, including the House Committee on Education and Workforce and the House Committee on Oversight and Government Reform. He is a frequent speaker on wage and hour issues, at conferences, webinars, and client-specific training sessions.
Prior to joining the Firm, Mr. Passantino served as the Deputy and Acting Administrator of the U.S. Department of Labor, Wage and Hour Division (WHD) from 2006 until 2009. In this role, he led the WHD in its interpretation and enforcement of the FLSA, the FMLA, the Davis-Bacon Act, the Service Contract Act, and numerous other federal statutes. Nominated by the President, Mr. Passantino was responsible for enforcement policy, field operations, strategic planning, budgeting, media relations, legislation, regulations, opinion letters, compliance assistance, and personnel matters.
Mr. Passantino joined the Department of Labor in 2005 as a Senior Policy Advisor to the Honorable Victoria A. Lipnic, former Assistant Secretary of Labor for Employment Standards. In that capacity, Mr. Passantino was a member of the WHD’s Executive Team and provided legal and policy advice on a range of wage and hour matters, with emphasis on the FLSA and the FMLA.
Before his work at the Department of Labor, Mr. Passantino served as a law clerk to the Honorable John F. Nangle in the Southern District of Georgia, after which he practiced law for eight years in Atlanta and Nashville, focusing on FLSA, employment discrimination, First Amendment, and consumer and financial services litigation. He is a graduate of the University of Georgia School of Law, where he served as an Honor Court Justice and Notes Editor on the Georgia Law Review.
Garrick Professor in Law, The University of Queensland School of Law
James Allan is the Garrick Professor of Law at the University of Queensland. He is a native born Canadian who practised law at a large firm in Toronto and then at the Bar in London before moving to teach law in Hong Kong, New Zealand and then Australia. He has had sabbaticals at the Cornell Law School and the University of San Diego School of Law in the U.S. and at Osgoode Hall Law School and the Dalhousie Law School in Canada (where he was the Bertha Wilson Visiting Professor of Human Rights).
Prof. Allan has published widely in the areas of constitutional law, legal philosophy and bill of rights scepticism. His latest book, aimed at the educated layperson, came out recently. It is titled Democracy in Decline and is available from Connor Court in Australia and from MQUP in the U.S. and Canada. Prof. Allan also writes regularly for weeklies and monthlies, including being a regular contributor to The Australian, The Spectator Australia, and Quadrant. He was elected to the Mont Pelerin Society in 2011.
Associate Professor, Osgoode Hall Law School, York University
Dan Priel is associate professor at Osgoode Hall Law School, York University. He holds an LL.B. from Hebrew University in Jerusalem, where he graduated summa cum lauda. After clerking for Justice Dorit Beinisch of the Supreme Court of Israel, he pursued graduate studies at the University of Oxford, where he obtained a B.C.L., M.Phil. and a D.Phil. After completing his doctorate he spent two years at Yale Law School as Oscar M. Ruebhausen Fellow-in-Law. He has since taught at the University of Warwick in the UK and is currently teaching in Canada; he has also taught in Israel, China, and the United States. Prof. Priel published extensively in jurisprudence and various areas of law. His work appeared in leading journals in the U.S., Canada, the UK and Australia, including Law and Society Review, Legal Theory, Melbourne University Law Review, Oxford Journal of Legal Studies, Texas Law Review, Virginia Law Review, and the University of Toronto Law Journal. In 2013–14 he published two essays on Lon Fuller’s legal philosophy and has a continuing interest in his work.
David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia, and previously was Frank Stanton Professor of the First Amendment at Harvard University. A Fellow of the American Academy of Arts and Sciences and recipient of a Guggenheim Fellowship, Schauer is the author of The Law of Obscenity (BNA, 1976), Free Speech: A Philosophical Enquiry (Cambridge, 1982), Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Oxford, 1991), Profiles, Probabilities, and Stereotypes (Harvard, 2003), Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Harvard, 2009), and The Force of Law (Harvard, 2015). The editor of Karl Llewellyn, The Theory of Rules (Chicago, 2011), and a founding editor of Legal Theory, he has chaired the Section on Constitutional Law of the Association of American Law Schools and the Committee on Philosophy and Law of the American Philosophical Association. In 2005 he wrote the Foreword to the Harvard Law Review’s Supreme Court issue, and has written widely on freedom of speech, constitutional interpretation, evidence, legal reasoning, and the philosophy of law.
Garrick Professor in Law, The University of Queensland School of Law
James Allan is the Garrick Professor of Law at the University of Queensland. He is a native born Canadian who practised law at a large firm in Toronto and then at the Bar in London before moving to teach law in Hong Kong, New Zealand and then Australia. He has had sabbaticals at the Cornell Law School and the University of San Diego School of Law in the U.S. and at Osgoode Hall Law School and the Dalhousie Law School in Canada (where he was the Bertha Wilson Visiting Professor of Human Rights).
Prof. Allan has published widely in the areas of constitutional law, legal philosophy and bill of rights scepticism. His latest book, aimed at the educated layperson, came out recently. It is titled Democracy in Decline and is available from Connor Court in Australia and from MQUP in the U.S. and Canada. Prof. Allan also writes regularly for weeklies and monthlies, including being a regular contributor to The Australian, The Spectator Australia, and Quadrant. He was elected to the Mont Pelerin Society in 2011.
Associate Professor, Osgoode Hall Law School, York University
Dan Priel is associate professor at Osgoode Hall Law School, York University. He holds an LL.B. from Hebrew University in Jerusalem, where he graduated summa cum lauda. After clerking for Justice Dorit Beinisch of the Supreme Court of Israel, he pursued graduate studies at the University of Oxford, where he obtained a B.C.L., M.Phil. and a D.Phil. After completing his doctorate he spent two years at Yale Law School as Oscar M. Ruebhausen Fellow-in-Law. He has since taught at the University of Warwick in the UK and is currently teaching in Canada; he has also taught in Israel, China, and the United States. Prof. Priel published extensively in jurisprudence and various areas of law. His work appeared in leading journals in the U.S., Canada, the UK and Australia, including Law and Society Review, Legal Theory, Melbourne University Law Review, Oxford Journal of Legal Studies, Texas Law Review, Virginia Law Review, and the University of Toronto Law Journal. In 2013–14 he published two essays on Lon Fuller’s legal philosophy and has a continuing interest in his work.
David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia, and previously was Frank Stanton Professor of the First Amendment at Harvard University. A Fellow of the American Academy of Arts and Sciences and recipient of a Guggenheim Fellowship, Schauer is the author of The Law of Obscenity (BNA, 1976), Free Speech: A Philosophical Enquiry (Cambridge, 1982), Playing By the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Oxford, 1991), Profiles, Probabilities, and Stereotypes (Harvard, 2003), Thinking Like a Lawyer: A New Introduction to Legal Reasoning (Harvard, 2009), and The Force of Law (Harvard, 2015). The editor of Karl Llewellyn, The Theory of Rules (Chicago, 2011), and a founding editor of Legal Theory, he has chaired the Section on Constitutional Law of the Association of American Law Schools and the Committee on Philosophy and Law of the American Philosophical Association. In 2005 he wrote the Foreword to the Harvard Law Review’s Supreme Court issue, and has written widely on freedom of speech, constitutional interpretation, evidence, legal reasoning, and the philosophy of law.
Engage, Volume 16, Issue 3
Katie McClendon
Administrative Law & Regulation REINING in the Agencies: Oversight of Executive Branch Rulemaking in the...
Perez v. Mortgage Bankers Association: Portending a Return to Judicial Engagement
Stephen Alexander Vaden
In a Term full of blockbuster cases considering the fate of Obamacare and establishing gay...
Forcing Green Politics on Pension Funds
The Employee Retirement Income Security Act of 1974 (ERISA), requires pension plan fiduciaries to make...
The OFCCP Prepares to Publish Sex Discrimination Rule
The U.S. Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP) moved one...
Working on Overtime: The U.S. Department of Labor’s Proposal to Revise the Overtime Exemption Regulations
Tammy Dee McCutchen
Note from the Editor: This article is about the Department of Labor’s proposed revisions to...
Topics
Department of Labor and National Labor Relations Board Push Envelope of Executive Overreach
Much has been written, including on this blog, about the perceived uptick in the amount...
Labor Rules: Union Walk Around Rule and Broadened Joint Employer Standard
Karen Harned
Note from the Editor: This article is about new labor rules, including the so-called union...
Overtime Regulations, Independent Contractor Misclassification and Other Developments at the Department of Labor - Podcast
Paul DeCamp, Alexander Passantino
July has been a busy month for the Department of Labor (DOL). On July 6th,...
“The Case of the Speluncean Explorers" -- The Classic Law Review Article Revisited - Podcast
James Allan, James A. Haynes, Dan Priel, Frederick Schauer
It is the year 4300 in an imaginary jurisdiction named Newgarth. Old questions dominate the...
“The Case of the Speluncean Explorers" -- The Classic Law Review Article Revisited
Teleforum