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: Hello Again, Browning-Ferris

by Aaron Nielson — Friday, Apr. 13, 2018@Aaron_L_Nielson

Warning: Unless you enjoy reading docket entries, this is not an especially exciting post. A few months ago I authored a post called “Bye-Bye, Browning-Ferris.” There, I addressed the NLRB’s decision to overrule Browning-Ferris, a precedent which had “made it easier for unions to go after franchisees and contractors. Before Browning-Ferris, companies were ‘joint employers’ […]

D.C. Circuit Review – Reviewed: Trivia Day

by Aaron Nielson — Friday, Apr. 6, 2018@Aaron_L_Nielson

There are many talented people in this world. Some people can sing; others can dance; others still can pole vault, run regressions, mimic bird calls, entertain large crowds with wit and charm, or even switch hit. Alas, I can do none of those things. Instead, I have only two real skills: I can (1) sleep […]

Drawing Two Lines

by Aaron Nielson — Tuesday, Apr. 3, 2018@Aaron_L_Nielson

Let me begin with a confession: I’m not an expert on the meaning of the Appointments Clause. Of course, because I teach administrative law, I know the basics — I’ve read the leading cases and even some law review articles. Even so, I approach this symposium as a layman, not an expert. Yet even as […]

D.C. Circuit Review – Reviewed: Underdogs

by Aaron Nielson — Friday, Mar. 30, 2018@Aaron_L_Nielson

It’s hard to be a parent. Kids these days, after all, confront an avalanche of messages. How are they supposed to process a world where so much is happening so quickly? Plus media is no help. Even child-friendly content can be surreal. And don’t get me started on today’s music! “Rolly, Rolly, Rolly,” indeed. Sometimes, […]

Nonenforcement and the Dangers of Leveraging

by Aaron Nielson — Wednesday, Mar. 14, 2018@Aaron_L_Nielson

Last month I participated in a fascinating symposium hosted by the Center for Compliance Studies at Loyola University Chicago School of Law. The topic was “What is the Role of a Regulation if it is Not Enforced?” As background, in 2017 I studied waivers and exemptions for the Administrative Conference of the United States. That […]

This entry was tagged .

Pretend Privatization

by Aaron Nielson — Monday, Mar. 5, 2018@Aaron_L_Nielson

Jon Michaels has written an important book — and I say that even though I suspect that he and I disagree about many things! Although the administrative state has value, it also “has its share of problems.” For instance, the federal government sometimes overreaches in “ominous” and even “crushing” ways. Like the Chief Justice, I’m […]

D.C. Circuit Review – Reviewed: Can Hodge v. Talkin Be Distinguished?

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

Before jumping into this week’s post, I want to express appreciation for and to the D.C. Circuit Clerk’s Office. The D.C. Circuit is closed today because of the weather. The good folks in the Clerk’s Office, however, still docketed the Court’s opinion. Sincere thanks — you are professionals. Also, this week the D.C. Circuit announced […]

This entry was tagged .