Category Archives: D.C. Circuit Review

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 […]

D.C. Circuit Review – Reviewed: Standing

by Aaron Nielson — Friday, Jan. 27, 2017@Aaron_L_Nielson

Standing is a big deal. Most agree, for instance, that the law professors suing President Trump about the Emoluments Clause “pretty clearly lack Article III standing.” Likewise, the States, members of Congress, and interest groups seeking to intervene in PHH Corp. v. CFPB no doubt are going to face a fierce challenge to their standing. […]