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 focuses on administrative law, civil procedure, federal courts, and antitrust. His publications have appeared in journals such as the University of Chicago Law Review, the Northwestern Law Review, the Georgetown Law Journal, Emory Law Journal, and Southern California Law Review. He currently serves as a public member of the Administrative Conference of the United States, a federal agency that studies the administrative process and makes recommendations on ways to improve it. He also 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. He also serves on the Executive Committee of the Federalist Society's Administrative Law & Regulation Practice Group.

Before joining the faculty, Professor Nielson was a partner in the Washington, D.C. office of Kirkland & Ellis LLP (where he remains of counsel). 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.

Free Teleforum: A Supreme Court Case Challenge to Auer and Seminole Rock Deference

by Aaron Nielson — Thursday, Jan. 17, 2019@Aaron_L_Nielson

Last month, the Supreme Court granted certiorari regarding an important question of administrative law: Whether to overrule Auer and Seminole Rock Deference. To provide background, the American Bar Association’s Section of Administrative Law and Regulatory Practice has an organized a free teleforum on January 24; all you have to do is register. (As an aside, […]

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A “Pioneer” with “a Subtle Wisdom” — and a “Genuine Wealth Minimizer” to Boot: The Legacy of Chief Judge Patricia Wald

by Aaron Nielson — Saturday, Jan. 12, 2019@Aaron_L_Nielson

If you ever want to get a sense of the real D.C. Circuit — a feel for the personalities behind it — I recommend you spend some time at the D.C. Circuit Historical Society’s web page. I went there today upon learning the sad news of Chief Judge Wald’s passing. One valuable service the Historical […]

D.C. Circuit Review – Reviewed: Shadows and Unshadows

by Aaron Nielson — Friday, Jan. 4, 2019@Aaron_L_Nielson

Federal circuit courts issue both published and unpublished decisions. I usually focus on the published ones. After all, unpublished opinions “do not carry the same weight in our common law system of precedent.” Yet sometimes unpublished decisions are quite important. As Will Baude has explained in an analogous context, we should also pay attention to […]