Category Archives: D.C. Circuit Review

D.C. Circuit Review – Reviewed: Another Round of the * Game

by Aaron Nielson — Friday, July 19, 2019@Aaron_L_Nielson

When filing a brief in the D.C. Circuit, “an asterisk may be placed next to those authorities on which the brief principally relies, together with a notation at the bottom of the first page of the table stating: ‘Authorities upon which we chiefly rely are marked with asterisks.’” This prompts a game we’ve played before […]

D.C. Circuit Review – Reviewed: 20 Thoughts from Maryland

by Aaron Nielson — Friday, June 28, 2019@Aaron_L_Nielson

I’m in Maryland today — to learn about the D.C. Circuit. Cambridge, Maryland is home to the 2019 D.C. Circuit Judicial Conference.* Because I’m rushing to catch a flight home, this will be a post filled with a hodgepodge of thoughts. (1) If you’re wondering whether we should have Judicial Conferences, here are some thoughts […]

D.C. Circuit Review – Reviewed: Precedential Musings

by Aaron Nielson — Saturday, June 22, 2019@Aaron_L_Nielson

We are nearing the end of June so talk of precedent is in the air. In just the last week, both Justices Thomas and Kagan have defended conflicting theories of stare decisis; the Supreme Court — I think — effectively overruled one case and — I know — openly overruled another; and four of the […]

D.C. Circuit Review – Reviewed: An Update on Lucia

by Aaron Nielson — Friday, June 14, 2019@Aaron_L_Nielson

Apologies: This is a quick post; I’m traveling this week. Summers in the D.C. Circuit are busy. And it is now summertime. We have eleven opinions this week. Before getting to those cases, however, I want to discuss an update on a case that bounced around within the D.C. Circuit for a while before it […]

D.C. Circuit Review – Reviewed: Catnip for #AppellateTwitter

by Aaron Nielson — Friday, June 7, 2019@Aaron_L_Nielson

It’s remarkable how much nonsense (or worse) can be crammed into 280 characters. #NationalDoughnutDay, indeed. And I even like donuts! Bah humbug. To all of it, I say #GetOffMyLawn. That said, I enjoy learning about new things. And a good way to do that is Twitter. Granted, the nonsense-to-sense ratio could be better. But there […]

D.C. Circuit Review – Reviewed: Erie as Nondelegation?

by Aaron Nielson — Friday, May 24, 2019@Aaron_L_Nielson

The D.C. Circuit is a fascinating court. If you don’t believe me, you probably aren’t reading this post. If you are reading this post and you still don’t believe me, you will soon. That said, the D.C. Circuit is a quirky court. It’s docket is odd. There are some criminal appeals (as you’ll see from […]