Category Archives: D.C. Circuit Review

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 […]

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 […]

D.C. Circuit Review – Reviewed: Prill!

by Aaron Nielson — Friday, Feb. 24, 2017@Aaron_L_Nielson

Today the D.C. Circuit applied the Prill doctrine. There are many things about administrative law that I do not know well, but Prill is not one of them. In fact, Daniel Hemel and I are currently working on an article all about Prill (which we dub Chevron Step One-and-a-Half). We’ll publish it later this year. […]

D.C. Circuit Review – Reviewed: A Coin Toss

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

I have a confession: I don’t really care about this year’s Super Bowl. Atlanta is a lovely place — I’ve been there once — but I have literally no opinion about the Atlanta Falcons. And although I lived in Massachussets for a time, I prefer not to think about it.* But one thing about the […]