Notice & Comment

Author: Aaron L. Nielson

Notice & Comment

“Deconstructing” the Administrative State …

As Chris notes, Dædalus — the Journal of the American Academy of Arts and Sciences — today published a special issue on the future of the administrative state.  The issue’s title is The Administrative State in the Twenty-First Century: Deconstruction and/or Reconstruction. I’m grateful they asked me to participate. My essay is entitled Deconstruction (Not Destruction). Many […]

Notice & Comment

D.C. Circuit Review – Reviewed: Smallness

The big news this week from the D.C. Circuit has nothing to do with administrative law.* But the Court did issue two unanimous opinions about standing that are worth a read. Here is how Judge Rogers begins her opinion in Hawkins v. Haaland (joined by Judges Katsas and Rao): And here is how Judge Walker […]

Notice & Comment

The Future of Chevron Deference

A few weeks ago I posted a registration link for the Duke Law Journal’s administrative law symposium on The Future of Chevron Deference. The symposium will be held via Zoom on February 5, 2021. The event is free and I’m confident that it will be worth your time. In connection with that event, I’m pleased […]

Notice & Comment

Three Wrong Turns in Agency Adjudication: The APA at 75

Last week, Chris Walker noted that the George Mason Law Review is hosting a symposium to recognize the Administrative Procedure Act’s 75th anniversary. Like Chris, I’ve also prepared a short essay about agency adjudication. My contribution to the symposium — entitled Three Wrong Turns in Agency Adjudication — explores why agency adjudication is more controversial than […]

Notice & Comment

Gratitude: The Collins v. Mnuchin Edition

Last August, the U.S. Supreme Court appointed me as amicus curiae to brief and argue in defense of the constitutionality of the Federal Housing Finance Agency in Collins v. Mnuchin. I filed my brief in October and argued the case last month. I’m just now catching up. I’ve always dreamed about arguing in the Supreme […]

Notice & Comment

D.C. Circuit Review – Reviewed: An Examination of the U.S. Court of Appeals for the District of Columbia Circuit

A couple of weeks back I finished D.C. Circuit Review — Reviewed as a weekly series.* If you’re interested, I’ve penned a short essay about what I’ve learned from five year of posts. I’ve also attached the posts as an appendix so they are available in a single (control-F searchable) place. Here’s the abstract: Thanks […]