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: Let’s Be Practical

by Aaron Nielson — Friday, June 15, 2018@Aaron_L_Nielson

From time to time I indulge my theoretical side. At heart, however, I’m a pretty practical person. That’s why I love being a lawyer. Law requires theory. But it isn’t just theory; it is theory applied to very practical problems.* The D.C. Circuit, like the Supreme Court, is a theory-heavy court. But it also is […]

D.C. Circuit Review – Reviewed: The Irons Footnote

by Aaron Nielson — Friday, June 8, 2018@Aaron_L_Nielson

It’s summer again — at least in the D.C. Circuit. As explained last week, June, July, and August are busy months in the nation’s “second most important court.” We have seven opinions — and one important order.* This creates a dilemma for, well, me. I could discuss all of the cases in great detail. But […]

D.C. Circuit Review – Reviewed: Boo-Hoo, Daniel Epps!

by Aaron Nielson — Friday, June 1, 2018@Aaron_L_Nielson

The Supreme Court is in crisis. It is already June yet almost half of the High Court’s cases remain undecided. For the Justices to finish their work by July 1, they will have to decide “29 of 63 argued cases” this month alone. What is happening? And why? Most importantly, can the Court — nay, […]

D.C. Circuit Review – Reviewed: [Under Seal]

by Aaron Nielson — Friday, May 11, 2018@Aaron_L_Nielson

For two days this week, there was a mystery in the D.C. Circuit: Why did the Court rule against “James Mattis, in his official capacity as Secretary of Defense” in Doe v. Mattis? As you probably already know, the case is about the government’s authority to transfer a U.S. citizen — also a citizen of […]

D.C. Circuit Review – Reviewed: “Why Congress Matters: The Collective Congress in the Structural Constitution”

by Aaron Nielson — Friday, Apr. 20, 2018@Aaron_L_Nielson

Scholarship takes a hit when the flurry that is the end of the second semester arrives. It takes time to write exams; host review sessions; meet with nervous students; and sometimes even reach out to potential employers about students who are still looking for summer slots. Hence, when April comes around, I’ve learned that for […]

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’ […]