“Rise and Shout the Cougars are Out”

by Aaron Nielson — Monday, Oct. 26, 2015@Aaron_L_Nielson

Observant readers can probably tell that I think the D.C. Circuit is an important court. A court with jurisdiction to review what the administrative state is up to inevitably is going to be important. Yet depressingly few Americans even know there is such a thing as a “D.C. Circuit,” much less who sits on it. (Indeed, most Americans cannot name even a Supreme Court justice. Hence Antonin Scalia the fashion designer.) Lawyers, to be sure, are more knowledgeable than the general public on this score. Even so, this essential court is underappreciated.

That’s why I am pleased to report that the D.C. Circuit is going on the road this week—or at least a panel of the D.C. Circuit. This Friday, BYU Law’s moot court final will be judged by an all-D.C. Circuit panel consisting of Judges Griffith, Millett, and Sentelle. It’s great for folks outside of the Beltway to get a chance to witness this national court in action.

Unfortunately, I’m going to miss it. I’m going to be at a certain “ can’t miss AdLaw Event.”* C’est la vie, I suppose. But exciting times at BYU. (This week, the D.C. Circuit comes to BYU; last week, Justice Thomas and FTC Commissioner Maureen Ohlhausen did. Not bad for a law school in the middle of the Rocky Mountains.)

* Here’s another “can’t miss” event: a free teleforum on OIRA. If you want to understand the role the White House plays in regulation, check it out.

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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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