Notice & Comment

Author: Aaron L. Nielson

Notice & Comment

D.C. Circuit Review – Reviewed: Where are the Economists?

Yesterday, the D.C. Circuit announced its decision in United States Telecom Association v. FCC, i.e., the Net Neutrality case.* The co-authored majority opinion (Judges Tatel and Srinivasan) upheld the FCC’s new scheme over Judge Williams’ partial dissent. Reviewing the competing opinions, I was struck by something: the asymmetrical treatment of economists. First, let’s review the […]

Notice & Comment

“New Life for the Congressional Review Act?”

On May 26, I’ll be moderating a free teleforum for the American Bar Association’s Section of Administrative Law and Regulatory Practice Rulemaking Committee on the Congressional Review Act. (Jeff Rosen, who is participating in the teleforum, has written here about the CRA.) Here is the relevant information from the ABA: May 26, 2016 2:00 PM […]

Notice & Comment

D.C. Circuit Review – Reviewed: The Dissents that Matter Most to Chief Judge Garland, by Aaron Nielson

This week, Chief Judge Garland sent his questionnaire to the Senate. As I reviewed that “lengthy” submission, my mind turned again to “brooding spirts.” In particular, it is interesting that Garland’s list of his “most significant” opinions includes two dissents. To begin, here is Garland’s list: Cause of Action v. FTC (2015) Wagner v. FEC […]