Category Archives: D.C. Circuit Review

D.C. Circuit Review – Reviewed: On Mock Trials

by Aaron Nielson — Friday, Feb. 16, 2018@Aaron_L_Nielson

Apologies again; this post is also a quick one. I don’t often agree with Richard Posner.* But I’m sympathetic to his criticism of “mock trials” involving real judges. This is how they work. A pair of (often famous) lawyers reimagine historical — or historical-ish — cases before a panel of honest-to-goodness judges while an audience […]

D.C. Circuit Review – Reviewed: The Academy and PHH Corp.

by Aaron Nielson — Friday, Feb. 2, 2018@Aaron_L_Nielson

Earlier this week, as I was reading the en banc decision in PHH Corp. CFPB, it struck me that the Court cited a large number of law review articles. So for this bonus edition of D.C. Circuit Review – Reviewed, I asked my dutiful research assistants to put together a chart of the articles cited […]

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D.C. Circuit Review – Reviewed: The I-Don’t-Have-Time-To-Read-It-All Version of PHH Corp. v. CFPB

by Aaron Nielson — Wednesday, Jan. 31, 2018@Aaron_L_Nielson

At long last, the en banc D.C. Circuit has decided PHH Corp. v. CFBP. This case — which, of course, we have discussed many times here at Notice & Comment — concerns the constitutionality of the restrictions on the President’s ability to remove the CFPB director (namely, only for “for inefficiency, neglect of duty, or […]

D.C. Circuit Review – Reviewed: Playing the Lottery

by Aaron Nielson — Saturday, Jan. 20, 2018@Aaron_L_Nielson

Apologies: This post was written quickly. My evening was spent at a D.C. Circuit-ish event. The D.C. Circuit and “Net Neutrality” have a long history. Here is a short, very simplified version of it.* In 2002, the FCC decided that internet access was an “information service” rather than a “common-carrier” service. The decision was challenged […]

D.C. Circuit Review – Reviewed: The Middle Chapters

by Aaron Nielson — Friday, Jan. 12, 2018@Aaron_L_Nielson

Have you ever read the unabridged Les Misérables?* One of my favorite activities — unfortunately, not one I do all that often — is reading 19th century fiction. For a long time, my favorite author was Thackeray. Recently, however, I’ve started re-reading the greatest hits of Victor Hugo. And sure enough, Les Misérables is an […]

D.C. Circuit Review – Reviewed: Resolved 2018

by Aaron Nielson — Friday, Jan. 5, 2018@Aaron_L_Nielson

Something unexpected happened last Saturday night. I was hard at work — true story, grading exams — in my home when the clock struck midnight. At that moment I heard fireworks! And it was not just from one house. I was more than a little puzzled. Who in the world would launch fireworks to celebrate […]