D.C. Circuit Review – Reviewed: Catnip for #AppellateTwitter

by Aaron Nielson — Friday, June 7, 2019@Aaron_L_Nielson

It’s remarkable how much nonsense (or worse) can be crammed into 280 characters. #NationalDoughnutDay, indeed. And I even like donuts! Bah humbug. To all of it, I say #GetOffMyLawn. That said, I enjoy learning about new things. And a good way to do that is Twitter. Granted, the nonsense-to-sense ratio could be better. But there […]

D.C. Circuit Review – Reviewed: Thanks, C-Span

by Aaron Nielson — Friday, Nov. 2, 2018@Aaron_L_Nielson

Another quick post — about to hop onto a plane. I’m a fan of the history of the D.C. Circuit — and for that reason, this has been a fun week. Yesterday, I moderated a panel that included Judge Sentelle. As regular readers know, Sentelle has lived an extraordinary life. It was fun to chat […]

Replicating the Seminal Eskridge and Baer SCOTUS Chevron Deference Study

by Christopher J. Walker — Friday, Oct. 5, 2018@chris_j_walker

As regular readers of the blog know, I’m very interested in how Chevron deference plays out on the ground in the federal courts of appeals. Kent Barnett and I spent several years coding eleven years (2003-2013) of all published circuit-court opinions that mention Chevron or Skidmore deference. As for study design, we modeled out approach, […]

Nearly Four Months After His Death, Judge Reinhardt Casts the Deciding Vote in an Important Tax Exceptionalism Case: Altera v. Commissioner of Internal Revenue

by Christopher J. Walker — Tuesday, July 24, 2018@chris_j_walker

[8/7/2018 Update: In an order issued today by a Ninth Circuit three-judge panel where Judge Graber has replaced Judge Reinhardt, the newly constituted panel states that “[t]he Opinions filed July 24, 2018, are hereby withdrawn to allow time for the reconstituted panel to confer on this appeal.”] Today the Ninth Circuit issued a 2-1 decision in a […]

D.C. Circuit Review – Reviewed: The Irons Footnote

by Aaron Nielson — Friday, June 8, 2018@Aaron_L_Nielson

It’s summer again — at least in the D.C. Circuit. As explained last week, June, July, and August are busy months in the nation’s “second most important court.” We have seven opinions — and one important order.* This creates a dilemma for, well, me. I could discuss all of the cases in great detail. But […]