Notice & Comment

Author: Aaron L. Nielson

Notice & Comment

The Real OIRA: Inside White House Reg Review

Each morning, lawyers everywhere do certain things. We brush our teeth; take a shower; get dressed; check our email and the headlines; have a bite to eat; exchange pleasantries with loved ones, co-workers, or both; and then read the Notice & Comment blog. (Well, at least we all should do these things ….) I followed […]

Notice & Comment

“Rise and Shout the Cougars are Out”

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. […]

Notice & Comment

Administrative Law meets Qualified Immunity

Before entering the academy, I had an idea: Why not apply administrative law principles to certiorari? Whether to grant cert is a discretionary decision; administrative law is concerned, perhaps above all else, with how to manage the dangers and benefits of discretion; why not then apply the lessons from administrative law to certiorari? After a […]

Notice & Comment

D.C. Circuit Review – Reviewed: The Frank Easterbrook Edition

Judge Frank Easterbrook is an extraordinary jurist. He’s prolific; influential*; and scholarly. He also wields a sharp pen (e.g., “This case pits the twenty-first amendment, which appears in the Constitution, against the ‘dormant commerce clause,’ which does not.”). Even if you disagree with him, he always has interesting things to say. And that includes his […]

Notice & Comment

D.C. Circuit Review – Reviewed: Confessions (Pedagogy Edition)

I have a dark confession: I probably won’t teach exhaustion to my administrative law students. My syllabus covers ripeness/standing, the “final agency action” requirement, mootness, and, yes, exhaustion. But to my shame, I include this disclaimer: “May be cut if insufficient time.” Sure, I try to justify this decision to myself. I think: “Well, with […]