Author Archives: Aaron Nielson

About Aaron Nielson

Faculty Website Curriculum Vitae

J.D., Harvard Law School, 2007

LL.M., University of Cambridge Faculty of Law, 2006

B.A., University of Pennsylvania, 2003

Professor Nielson teaches and writes in the areas of administrative law, civil procedure, federal courts, and antitrust. His publications have appeared (or will appear) in journals such as the University of Chicago Law Review, the Georgetown Law Journal, Emory Law Journal, Southern California Law Review, Georgia Law Review, and Ohio State Law Journal. He currently co-chairs the Rulemaking Committee of the American Bar Association’s Section of Administrative Law & Regulatory Practice. Previously he chaired the Section's Antitrust & Trade Regulation Committee. Professor Nielson is a permanent commentator at the Yale Journal on Regulation's Notice & Comment blog where each week he reviews all published decisions of the U.S. Court of Appeals for the District of Columbia Circuit. His analysis of D.C. Circuit opinions has been discussed in the Wall Street Journal, Washington Post, Bloomberg, and Law360.

Before joining the faculty, Professor Nielson was a partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also has served as a law clerk to Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit.

Professor Nielson received his J.D. from Harvard Law School. Following graduation, he was awarded a Harvard Law School Post-Graduate Research Fellowship. Professor Nielson also received an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree from the University of Pennsylvania, majoring in economics and political science.

D.C. Circuit Review – Reviewed: Espionage

by Aaron Nielson — Friday, Mar. 17, 2017@Aaron_L_Nielson

This blog is hosted by the Yale Journal on Regulation — so I usually my focus on blogging on, you know, regulation. Funny that. This week, however, I am making an exception. You see, I have an important public service announcement: If a foreign state is spying on you, there is a good chance you […]

D.C. Circuit Review – Reviewed: Rearguard Actions

by Aaron Nielson — Friday, Mar. 3, 2017@Aaron_L_Nielson

I don’t know much — or, rather, really anything — about military strategy. And I suspect that is true for a great many judges. Nonetheless, the judiciary often invokes the language of war. Solicitor Generals are addressed as General So-and-So. Judges speak of “soldiering on” and “barrages.” But perhaps my favorite military expression used by […]

D.C. Circuit Review – Reviewed: Prill!

by Aaron Nielson — Friday, Feb. 24, 2017@Aaron_L_Nielson

Today the D.C. Circuit applied the Prill doctrine. There are many things about administrative law that I do not know well, but Prill is not one of them. In fact, Daniel Hemel and I are currently working on an article all about Prill (which we dub Chevron Step One-and-a-Half). We’ll publish it later this year. […]

D.C. Circuit Review – Reviewed: Breaking News (From About Three Weeks Ago)

by Aaron Nielson — Saturday, Feb. 18, 2017@Aaron_L_Nielson

One of the most important cases the D.C. Circuit decided last year was the so-called Amtrak case. As I mentioned last month, the government’s cert petition was due February 6th. No petition, however, was filed. Instead, the United States determined that it would not seek certiorari at all. Accordingly, the panel decision — with its […]

Who are “Officers of the United States”?

by Aaron Nielson — Thursday, Feb. 16, 2017@Aaron_L_Nielson

The D.C. Circuit just granted en banc review in Raymond J. Lucia Companies, Inc. v. SEC. I’ve discussed this case before. In short, the full D.C. Circuit (minus Chief Judge Garland) will decide whether the SEC’s administrative law judges are “employees” or “inferior officers.” If the ALJs are mere employees, then the manner of their […]

D.C. Circuit Review – Reviewed: A Coin Toss

by Aaron Nielson — Friday, Feb. 3, 2017@Aaron_L_Nielson

I have a confession: I don’t really care about this year’s Super Bowl. Atlanta is a lovely place — I’ve been there once — but I have literally no opinion about the Atlanta Falcons. And although I lived in Massachussets for a time, I prefer not to think about it.* But one thing about the […]

Rulemaking in the Trump Administration: Feb 10th Teleconference

by Aaron Nielson — Friday, Feb. 3, 2017@Aaron_L_Nielson

Next Friday I will moderate a teleconference on behalf of the ABA Section of Administrative Law & Regulator Practice. The panel will discuss rulemaking in the new administration. It’s free, but you have to RSVP. Here is the relevant information: Friday, February 10, 2017 1:15 pm – 2:15 pm Eastern Time With a new President […]

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