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.

Breaking News: Two Major Executive Orders

by Aaron Nielson — Wednesday, Oct. 9, 2019@Aaron_L_Nielson

President Trump today issued two new executive orders on administrative law: The “Promoting the Rule of Law Through Improved Agency Guidance Documents” E.O. and the “Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication” E.O. Here is a snippet from the White House’s fact sheet: There is a lot in these […]

This entry was tagged .

D.C. Circuit Review – Reviewed: A Question Answered

by Aaron Nielson — Friday, Sept. 20, 2019@Aaron_L_Nielson

A few months back I “wonder[ed] what Judges Randolph and Henderson (the panel majority in Kiyemba) think of today’s decision [in Qassim v. Trump].” We now know the answer, at least for Judge Henderson: She disapproves. Let’s back up. Qassim is about whether procedural due process applies to detainees held at Guantanamo Bay. The D.C. […]

D.C. Circuit Review – Reviewed: Vacation!

by Aaron Nielson — Friday, Sept. 13, 2019@Aaron_L_Nielson

This will be a quick post. Last week’s theme, you see, was vacation — in the sense of vacatur. This week’s theme is vacation — in the sense of enjoyable travel. Why? Because today I found myself in Washington, D.C. for two separate D.C. Circuit-related investitures. To begin, Chris Landau* took the oath to serve […]

D.C. Circuit Review – Reviewed: Vacation?

by Aaron Nielson — Friday, Sept. 6, 2019@Aaron_L_Nielson

Section 706(2)(A) of the Administrative Procedure Act states as follows: To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall … (2) hold unlawful […]

D.C. Circuit Review – Reviewed: Sausage Making

by Aaron Nielson — Friday, Aug. 16, 2019@Aaron_L_Nielson

Then-Judge Scalia penned one of the D.C. Circuit’s great sentences: “This case, involving legal requirements for the content and labeling of meat products such as frankfurters, affords a rare opportunity to explore simultaneously both parts of Bismarck’s aphorism that ‘No man should see how laws or sausages are made.’” That sentence came to mind today […]