More on the Intersection of Qualified Immunity and Administrative Law

by Aaron Nielson — Monday, Dec. 14, 2015@Aaron_L_Nielson

A while back I mentioned a new project that Chris Walker and I are working on that applies administrative law principles to the Supreme Court’s new procedural rules for qualified immunity. Those who are interested in the topic should check out Nancy Leong’s (very generous) review in Jotwell, available here. (Quick preview: “The article should stand as a seminal contribution to the post- Pearson literature—indeed, to the qualified immunity literature in general. It’s the place where all those interested in evaluating qualified immunity should begin in the future.”) Likewise, Chris and I are working on another paper that I’ll present next month as part of the AALS Administrative Law Section’s “New Voices in Administrative Law” program. We’ll share more about this new paper in due course. But as a sneak peak, we’re taking a deep dive into the data to research how panel composition affects the use of discretion to clarify constitutional law, as well as the use of unpublished opinions. It promises to be an interesting analysis.

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About Aaron Nielson

Professor Nielson is an associate professor at Brigham Young University Law School, where he teaches and writes in the areas of administrative law, civil procedure, federal courts, and antitrust. He currently serves as a public member of the Administrative Conference of the United States, a federal agency that studies the administrative process and makes recommendations on ways to improve it. He also co-chairs the Rulemaking Committee of the American Bar Association’s Section of Administrative Law & Regulatory Practice. Previously he chaired the Section's Antitrust & Trade Regulation Committee. 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. Follow him on Twitter @Aaron_L_Nielson.

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