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 Point of Personal Privilege

by Aaron Nielson — Friday, Dec. 14, 2018@Aaron_L_Nielson

The D.C. Circuit was quiet this week. It issued just one short opinion about criminal law.* So I’ll take a moment to discuss something I’ve been thinking about lately: agency websites. Yesterday, the Administrative Conference of the United States adopted recommendations relating to “Public Availability of Adjudication Rules.” The recommendations were prepared by an ad […]

Reflections on Seminole Rock — The Complete Online Symposium

by Aaron Nielson — Monday, Dec. 10, 2018@Aaron_L_Nielson

The Supreme Court this morning granted certiorari regarding an important question of administrative law:   In light of this news, it is worth recalling that a couple of years ago, Notice & Comment hosted an online symposium on this very subject. The result is, I believe, the best “law review article” on Seminole Rock/Auer ever […]

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D.C. Circuit Review – Reviewed: O Christmas Tree!

by Aaron Nielson — Friday, Dec. 7, 2018@Aaron_L_Nielson

This year my family did a crazy thing: We purchased the world’s largest Christmas Tree.* Well, that’s not true — some trees are a bit bigger. Even so, the Nielson Christmas Tree is pretty darn big. To be sure, we didn’t set out to buy Super-Humongous-Giant Tree™. Yet when we arrived at the lot, there […]

D.C. Circuit Review – Reviewed: A Potential Student Note (or Three)

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

We have opinions this week. One is about jurisdiction and agency efforts to postpone a compliance deadline, another is about mootness with a congressional backdrop, and the third is about the Bill of Attainder Clause in the context of “a Russian-based cybersecurity company.” These cases got me thinking about potential student notes. What can I […]

D.C. Circuit Review – Reviewed: Thanks, C-Span

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

Another quick post — about to hop onto a plane. I’m a fan of the history of the D.C. Circuit — and for that reason, this has been a fun week. Yesterday, I moderated a panel that included Judge Sentelle. As regular readers know, Sentelle has lived an extraordinary life. It was fun to chat […]

D.C. Circuit Review – Reviewed: Circuit Justices

by Aaron Nielson — Friday, Oct. 19, 2018@Aaron_L_Nielson

This is a quick post — I’m traveling. Here is a little known fact about Notice & Comment. For a while, we tried to find someone to write a D.C. Circuit Review–Reviewed-style column for the Ninth Circuit, which — like the D.C. Circuit — is also home to a great deal of administrative law. Alas, […]