D.C. Circuit Review – Reviewed: “Changes in Administrative Law in the Courts”

by Aaron Nielson — Friday, Feb. 15, 2019@Aaron_L_Nielson

The D.C. Circuit did not decide any cases this week. So feel free to skip this post.*

A few weeks back I participated in an ABA teleforum about Kisor v. Wilkie and the future of Auer deference. One thing that struck me during that conversation was how, well, slow administrative change can be. Folks have been talking about this sort of deference for a long time now. John Manning wrote his article in 1996 and Justice Scalia wrote his concurrence in Talk America in 2011. Yet the issue is just now coming before the Court. When it comes to change, the judicial process is many things, but brisk is not one of them.

Why am I bringing this up? Because the Yale Journal on Regulation is hosting a conference on “Regulatory Change & the Trump Administrative State” and one of the panels is entitled “Changes in Administrative Law in the Courts.” This conference will feature a fair number of Notice & Comment regulars. If you are interested, and will be in New Haven on Friday, March 22, here is the line-up:

It should be a fun conversation.


* If you really need a bit of D.C. Circuit in your life, read this story. It’s about a “super fast” D.C. Circuit.


D.C. Circuit Review – Reviewed is designed to help you keep track of the nation’s “second most important court” in just five minutes a week.

Cite As: Author Name, Title, 36 Yale J. on Reg.: Notice & Comment (date), URL.

About Aaron Nielson

Professor Nielson is an associate professor at Brigham Young University Law School. Before joining the academy, Professor Nielson was a partner in the Washington, D.C. office of Kirkland & Ellis LLP (where he remains of counsel). He also has served as a law clerk to Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. All views expressed are the author's alone. Follow him on Twitter @Aaron_L_Nielson.

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