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.

D.C. Circuit Review – Reviewed: An Update on Lucia

by Aaron Nielson — Friday, June 14, 2019@Aaron_L_Nielson

Apologies: This is a quick post; I’m traveling this week. Summers in the D.C. Circuit are busy. And it is now summertime. We have eleven opinions this week. Before getting to those cases, however, I want to discuss an update on a case that bounced around within the D.C. Circuit for a while before it […]

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: Erie as Nondelegation?

by Aaron Nielson — Friday, May 24, 2019@Aaron_L_Nielson

The D.C. Circuit is a fascinating court. If you don’t believe me, you probably aren’t reading this post. If you are reading this post and you still don’t believe me, you will soon. That said, the D.C. Circuit is a quirky court. It’s docket is odd. There are some criminal appeals (as you’ll see from […]

D.C. Circuit Review – Reviewed: The Perfect Opinion

by Aaron Nielson — Friday, May 3, 2019@Aaron_L_Nielson

The D.C. Circuit gets more than its fair share of regulatory cases. But it does not have a monopoly on them. As regular Notice & Comment readers know, the Ninth Circuit also has a sizable “admin law” docket. The same can be said of the Fifth Circuit. And then-Judge Gorsuch decided a number of important […]

D.C. Circuit Review – Reviewed: An “Admin Law”-ish Week

by Aaron Nielson — Friday, Apr. 19, 2019@Aaron_L_Nielson

The D.C. Circuit issued an opinion this week about legislative prayer. This prompts a question: Should I blog about it? I think the opinion is well written. I also think the subject is important. Yet the opinion hardly seems related to administrative law — and this blog is hosted by the Yale Journal on Regulation […]

D.C. Circuit Review – Reviewed: Chevron Waiver

by Aaron Nielson — Friday, Apr. 12, 2019@Aaron_L_Nielson

At first blush, it may look like we had a busy week in the D.C. Circuit: But not really. Four of our entries are about amending prior opinions — and the amendments are not earth shattering. In Reid v. Hurwitz, Judge Katsas clarified: “Reid was convicted of robbing a convenience store at gunpoint.” And in […]