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 teaches and writes in the areas of administrative law, civil procedure, federal courts, and antitrust. His publications have appeared (or will appear) in journals such as the University of Chicago Law Review, the Georgetown Law Journal, Emory Law Journal, Southern California Law Review, Georgia Law Review, and Ohio State Law Journal. He currently 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. Professor Nielson is a permanent commentator at the Yale Journal on Regulation's Notice & Comment blog where each week he reviews all published decisions of the U.S. Court of Appeals for the District of Columbia Circuit. His analysis of D.C. Circuit opinions has been discussed in the Wall Street Journal, Washington Post, Bloomberg, and Law360.

Before joining the faculty, Professor Nielson was a partner in the Washington, D.C. office of Kirkland & Ellis LLP. 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: Knowing is Half the Battle

by Aaron Nielson — Saturday, Apr. 22, 2017@Aaron_L_Nielson

Apologies — this will have to be a quick post. I’m traveling.* On Friday, April 21, the D.C. Circuit issued two opinions about the power of knowledge. The government lost both cases — one in which it sought information and the other in which someone else sought information from it. In CFPB v. Accrediting Council […]

My Latest: Sticky Regulations (A Benefit of Ossification?)

by Aaron Nielson — Monday, Apr. 10, 2017@Aaron_L_Nielson

I’m pleased to announce that my latest article, Sticky Regulations, has been posted to SSRN. It will be published next year in The University of Chicago Law Review. If you are interested, I’m going to present it on April 21st at the Rethinking Due Process Public Policy Conference hosted by the Center for the Study […]

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D.C. Circuit Review – Reviewed: Judge Neil Gorsuch, D.C. Circuit Judge

by Aaron Nielson — Friday, Mar. 31, 2017@Aaron_L_Nielson

It’s no secret that the D.C. Circuit is the launching pad for many Supreme Court justices. Indeed, prior to Justice Scalia’s passing, fully half of the Supreme Court came from the D.C. Circuit: Chief Justice Roberts, Justice Scalia, Justice Thomas, Justice Ginsburg, and Justice Kagan. (Kagan counts for half; she was nominated to the D.C. […]

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Judge Gorsuch and Chevron Doctrine: A Defense

by Aaron Nielson — Wednesday, Mar. 29, 2017@Aaron_L_Nielson

Judge Gorsuch does not need me to defend him.* His opinions are well written and speak for themselves. (It is not by accident that the American Bar Association deemed him “well qualified” for the Supreme Court!) But this blog has recently published three posts charging Gorsuch with not “car[ing] about precedent”; exhibiting “remarkable carelessness about […]

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D.C. Circuit Review – Reviewed: Espionage

by Aaron Nielson — Friday, Mar. 17, 2017@Aaron_L_Nielson

This blog is hosted by the Yale Journal on Regulation — so I usually my focus on blogging on, you know, regulation. Funny that. This week, however, I am making an exception. You see, I have an important public service announcement: If a foreign state is spying on you, there is a good chance you […]

D.C. Circuit Review – Reviewed: Rearguard Actions

by Aaron Nielson — Friday, Mar. 3, 2017@Aaron_L_Nielson

I don’t know much — or, rather, really anything — about military strategy. And I suspect that is true for a great many judges. Nonetheless, the judiciary often invokes the language of war. Solicitor Generals are addressed as General So-and-So. Judges speak of “soldiering on” and “barrages.” But perhaps my favorite military expression used by […]