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: 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 […]

SCOTUSblog: Judge Kavanaugh and Justiciability

by Aaron Nielson — Tuesday, Aug. 14, 2018@Aaron_L_Nielson

A couple of weeks ago at Notice & Comment, Chris Walker flagged his post at SCOTUSblog on Judge Kavanaugh’s approach to administrative law. Today, I have a post over there entitled Judge Kavanaugh and Justiciability. Here is how it begins: The U.S. Court of Appeals for the District of Columbia Circuit is an unusual court. […]

This entry was tagged .

D.C. Circuit Review – Reviewed: In Which Your Host Is Lazy

by Aaron Nielson — Friday, Aug. 3, 2018@Aaron_L_Nielson

Here at Notice & Comment, I try to come up with a fun* theme each week. This week, however, I’m going to play a get-out-of-fun-theme-free card. The Court decided too many cases. Alas. Here is the rundown. Let’s start with the FERC cases. In Verso Corporation v. FERC, Judge Wilkins (joined by Judges Rogers and […]

D.C. Circuit Review – Reviewed: More Artful Dodging

by Aaron Nielson — Friday, July 27, 2018@Aaron_L_Nielson

A couple of weeks ago, I rebutted — well, at least I think so — the suggestion that Judge Kavanaugh is an artful dodger. This week, however, I’m going to backpedal a bit. It turns out that Kavanaugh may very well have to be an artful dodger once he gets to the Supreme Court. Let […]

Another View of Judge Kavanaugh and “The Artful Dodge”

by Aaron Nielson — Monday, July 16, 2018@Aaron_L_Nielson

It isn’t a compliment to say that a judge “dodged” an issue. After all, to “dodge” is to “evad[e] by sudden bodily movement” — “an artful device to evade, deceive, or trick.” And throwing the word “artful” in front (to the extent it isn’t redundant, as “dodge” already includes “artful”) doesn’t turn it into a […]

This entry was tagged .

D.C. Circuit Review – Reviewed: Under No Circumstances Should President Trump Nominate *This Judge* to the Supreme Court

by Aaron Nielson — Friday, July 6, 2018@Aaron_L_Nielson

The President will soon nominate a replacement for Justice Kennedy. Different folks have their favorites. That’s understandable — there are many talented folks in the mix.* What is less understandable are some of the attacks made on potential nominees by supporters of other nominees. To be sure, I have no objection to fair criticism; this […]