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 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.

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: “The Nielson Presumption”

by Aaron Nielson — Friday, Nov. 10, 2017@Aaron_L_Nielson

Note: Another quiet week in the D.C. Circuit. This week’s post will be short — especially because I’m traveling. This week the D.C. Circuit formally announced an interesting policy: “Earlier this year, the Court agreed to provide live audio streaming of arguments upon request in an individual case if the panel assigned to the case […]

Confessions of an “Anti-Administrativist”: My Response to This Year’s Foreword

by Aaron Nielson — Friday, Nov. 10, 2017@Aaron_L_Nielson

Every year the Harvard Law Review publishes its Foreword — a prominent scholar’s take on the Supreme Court’s latest term and the law generally. This year’s author is Gillian Metzger, a giant of administrative law. And her article is quite provocative — 1930s Redux: The Administrative State Under Siege. Here is the first sentence: “Eighty […]

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My ACUS Report: Waivers, Exemptions, and Prosecutorial Discretion

by Aaron Nielson — Thursday, Nov. 2, 2017@Aaron_L_Nielson

I’m pleased to announce that the Administrative Conference of the United States has recently posted a report I was commissioned to author. The report “draws conceptual distinctions among waivers, exemptions, and prosecutorial discretion; examines current practices in agencies that grant waivers and exemptions; reviews statutory and doctrinal requirements; and makes concrete procedural recommendations for implementing […]

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D.C. Circuit Review – Reviewed: Broadcasts UPDATED

by Aaron Nielson — Friday, Oct. 20, 2017@Aaron_L_Nielson

In a perfect world, each edition of D.C. Circuit Review–Reviewed would have an obvious theme, some common denominator to tie the week’s events together. Sometimes it is easy to find such a theme; when more than one case invokes the Bible, it is pretty easy to know what I’ll write about. Sometimes, alas, no theme […]

D.C. Circuit Review – Reviewed: “Also Known as Fish”

by Aaron Nielson — Friday, Oct. 13, 2017@Aaron_L_Nielson

This is an interesting time in the D.C. Circuit. Last night, the Trump Administration likely mooted the House of Representatives v. Burwell/Price/Wright litigation. Last week, the Department of Justice sought rehearing en banc in Allina Health Services v. Price/Wright. The Trump Administration has also begun the process of undoing the Obama Administration’s Clean Power Plan, […]

D.C. Circuit Review – Reviewed: En Banc Review

by Aaron Nielson — Saturday, Sept. 30, 2017@Aaron_L_Nielson

The D.C. Circuit did a noteworthy yet routine thing this week — it denied rehearing en banc in Wrenn v. District of Columbia, the Court’s recent Second Amendment case. No judge even called for a vote. Why is this “noteworthy”? Because Wrenn addressed a constitutional issue and the panel opinion prompted a dissent. So why […]