Category Archives: D.C. Circuit Review

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 […]

D.C. Circuit Review – Reviewed: Floods, Fires, and Clerkships

by Aaron Nielson — Friday, Dec. 29, 2017@Aaron_L_Nielson

In the aftermath of Watergate, a young — well, young-ish — Antonin Scalia found himself defending executive privilege before Congress. This is how he closed his remarks: “I realize that anyone saying a few kind words about executive privilege after the events of the last few years is in a position somewhat akin the man […]

D.C. Circuit Review – Reviewed: Bye-Bye, Browning-Ferris

by Aaron Nielson — Saturday, Dec. 16, 2017@Aaron_L_Nielson

(Apologies; this post was written quickly — and at 30,000 feet.) This has been a busy week. What to write about? The White House released the Unified Agenda. Unfortunately, I haven’t had a chance to review it yet. The Administrative Conference of the United States finished its plenary session.* Emily Bremer, however, will have that […]

D.C. Circuit Review – Reviewed: Thoughts from Judge Randolph

by Aaron Nielson — Friday, Dec. 8, 2017@Aaron_L_Nielson

The D.C. Circuit issued no opinions this week. But that doesn’t mean there is no news. For instance, Adam Feldman suggested yesterday that Judge Brett Kavanaugh may be “The Next Nominee to the Supreme Court.”* Likewise, Judge Raymond Kethledge of the Sixth Circuit published a significant essay about Chevron — in which he discusses his […]