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: A Dog’s Breakfast

by Aaron Nielson — Friday, Oct. 12, 2018@Aaron_L_Nielson

About ten years ago, I came across a phrase I had never heard before: dog’s breakfast. It was in a dissent penned by Chief Justice Roberts. Here is the passage: When the state courts considered these cases, our precedents did not provide them with “clearly established” law, but instead a dog’s breakfast of divided, conflicting, […]

D.C. Circuit Review – Reviewed: A New Cert Grant

by Aaron Nielson — Friday, Sept. 28, 2018@Aaron_L_Nielson

Well. This was not a quiet week in the D.C. Circuit — even though the Court didn’t decide any cases.* But there is a bit of D.C. Circuit news worth noting. The Supreme Court granted certiorari in Azar v. Allina Health Services. And what is the pressing question? Enjoy: Maybe a bit more background is […]

D.C. Circuit Review – Reviewed: Why I Fear the D.C. Circuit’s Approach to Clerkship Hiring is Misguided

by Aaron Nielson — Friday, Aug. 24, 2018@Aaron_L_Nielson

Here is a blog post I wish I could take back: “Five Years After the Death of the Clerkship Plan.” My post, from February of this year, concerned a (then) long-time feature of the D.C. Circuit’s homepage: The backstory is that in 2013, the D.C. Circuit officially withdrew from the “Law Clerk Hiring Plan,” which […]

Call for (Admin Law) Papers: Fourth Annual Law & Corpus Linguistics Conference

by Aaron Nielson — Friday, Aug. 17, 2018@Aaron_L_Nielson

A colleague asked me to post this because they are particularly interested in administrative law papers: Deadline: October 10, 2018 Event Date: February 7-9, 2019 Location: Brigham Young University, Provo, UT Organization: Brigham Young University Contact: James Heilpern, BYU Law School is pleased to announce the Fourth Annual Law & Corpus Linguistics Conference, to […]

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D.C. Circuit Review – Reviewed: Should There Be A Year Four?

by Aaron Nielson — Friday, Aug. 17, 2018@Aaron_L_Nielson

I started writing D.C. Circuit Review–Reviewed in August of 2015. Each August since, I have asked myself whether it is worthwhile to keep going for another year. So far, my answer has always been, “Sure, why not?” But this year I’m wavering. There are downsides to these posts; they take a lot time, especially during […]