Aaron Nielson

Brigham Young University - J. Reuben Clark Law School

Associate Professor

430 JRCB

Brigham Young University

Provo, UT 84602

United States

SCHOLARLY PAPERS

25

DOWNLOADS
Rank 7,323

SSRN RANKINGS

Top 7,323

in Total Papers Downloads

6,602

SSRN CITATIONS

3

CROSSREF CITATIONS

3

Scholarly Papers (25)

1.

Reflections on Seminole Rock: The Past, Present, and Future of Deference to Agency Regulatory Interpretations

Yale Journal of Regulation, Notice & Comment Blog
Number of pages: 77 Posted: 07 Oct 2016 Last Revised: 10 Aug 2017
Brigham Young University - J. Reuben Clark Law School, University of Washington - School of Law, University of Pittsburgh - School of Law, University of Virginia School of Law, George Washington University Law School, Independent, Cato Institute, Ohio State University (OSU) - Michael E. Moritz College of Law, Vanderbilt University - Law School, University of Iowa - College of Law, Florida State University - College of Law, University of North Carolina School of Law, Case Western Reserve University School of Law, New York University School of Law, Munger, Tolles & Olson, LLP, Harvard Law School, Harvard Law School, Washington University in St. Louis - School of Law, University of Dayton School of Law, Stanford University - Constitutional Law Center, Utah Supreme Court, Columbia University - Law School, Lewis & Clark Law School, University of Minnesota - Twin Cities - School of Law, Notre Dame Law School, George Mason University - Antonin Scalia Law School and Yale University, Law School
Downloads 1,074 (21,454)

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Administrative Agencies, Seminole Rock, Auer, What Is New in Administrative Law, Deference, Chevron

2.

The New Qualified Immunity

Southern California Law Review, Vol. 89, pp. 1-65, 2015
Number of pages: 66 Posted: 20 Oct 2015 Last Revised: 10 Mar 2016
Aaron Nielson and Christopher J. Walker
Brigham Young University - J. Reuben Clark Law School and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 833 (30,965)

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constitutional litigation, qualified immunity, Pearson, Saucier, reason giving, administrative law

3.

A Qualified Defense of Qualified Immunity

Notre Dame Law Review, Vol. 93, pp. 1853-1885, 2018
Number of pages: 34 Posted: 18 Jun 2018 Last Revised: 19 Sep 2018
Aaron Nielson and Christopher J. Walker
Brigham Young University - J. Reuben Clark Law School and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 630 (45,201)
Citation 1

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constitutional litigation, qualified immunity, stare decisis, Pearson, Saucier, reasongiving

4.

Clarence Thomas the Questioner

Northwestern University Law Review, Forthcoming
Number of pages: 39 Posted: 01 Nov 2016 Last Revised: 21 Feb 2017
RonNell Andersen Jones and Aaron Nielson
University of Utah - S.J. Quinney College of Law and Brigham Young University - J. Reuben Clark Law School
Downloads 533 (56,012)

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United States Supreme Court, Clarence Thomas, oral argument, judicial behavior

5.

A(nother) New Plan for Clerkship Hiring

Judicature, Volume 102, Number 2, Summer 2018, 70-75
Number of pages: 7 Posted: 23 Aug 2018
Diane P. Wood and Aaron Nielson
University of Chicago Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 378 (84,909)

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Law clerk, Clerkship, Federal clerkship, Clerkship hiring, Federal judges law clerk hiring plan, Law student hiring, Federal law clerk

6.

Chevron Step One-and-a-Half

84 University of Chicago Law Review 757 (2017)
Number of pages: 68 Posted: 16 Nov 2016 Last Revised: 03 Feb 2018
Daniel Jacob Hemel and Aaron Nielson
University of Chicago - Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 377 (85,192)

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Chevron, administrative law, statutory interpretation, D.C. Circuit

7.

Strategic Immunity

Emory Law Journal, Vol. 66, pp. 55-122, 2016
Number of pages: 68 Posted: 13 Apr 2016 Last Revised: 04 Oct 2016
Aaron Nielson and Christopher J. Walker
Brigham Young University - J. Reuben Clark Law School and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 371 (86,796)

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constitutional litigation, qualified immunity, discretion, strategic behavior, administrative law, delegation

8.

In Defense of Formal Rulemaking

75 Ohio State Law Journal 237
Number of pages: 56 Posted: 08 Sep 2013 Last Revised: 20 Oct 2015
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 312 (105,350)

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Rulemaking, administrative law,formal rulemaking, Florida East Coast Railway, What is formal rulemaking, Why use formal rulemaking, Latest scholarship on formal rulemaking, The future of formal rulemaking, On the record

9.

Beyond Seminole Rock

Georgetown Law Journal, Forthcoming
Number of pages: 63 Posted: 15 Aug 2016
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 258 (129,009)

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Administrative Agencies, Seminole Rock, Stare Decisis, What Is New in Administrative Law

10.

Sticky Regulations

University of Chicago Law Review, Forthcoming
Number of pages: 53 Posted: 13 Apr 2017
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 244 (136,420)

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What Is New in Administrative Law, Administrative Law, Rules, Ossification

11.

The Future of Federal Law Clerk Hiring

Marquette Law Review, Vol. 98, No. 1, 2014
Number of pages: 47 Posted: 13 Aug 2015 Last Revised: 20 Oct 2015
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 204 (161,941)

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Law clerk, Clerkship, Federal clerkship, Clerkship hiring, Federal judges law clerk hiring plan, Law student hiring, Federal law clerk, Law student interview, Clerkship interview, How do I become a federal law clerk, Tips on getting a federal law clerkship

12.

Qualified Immunity and Federalism

Georgetown Law Journal, Vol. 109, 2020 Forthcoming
Number of pages: 76 Posted: 27 Feb 2020 Last Revised: 29 Jun 2020
Aaron Nielson and Christopher J. Walker
Brigham Young University - J. Reuben Clark Law School and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 203 (162,689)

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qualified immunity, federalism, stare decisis, Section 1983, civil rights, constitutional litigation

13.

Visualizing Change in Administrative Law

Georgia Law Review, Forthcoming
Number of pages: 65 Posted: 13 Aug 2015 Last Revised: 14 Nov 2015
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 196 (168,103)

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Administrative law, Future administrative law, What is the future of administrative law, How will administrative law change in the future

14.

Confessions of an 'Anti-Administrativist'

131 Harvard Law Review Forum, 2017
Number of pages: 13 Posted: 14 Nov 2017 Last Revised: 27 Jan 2018
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 182 (179,710)

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administrative law, what's new in administrative law, administrative state, anti-administrativist

15.

Narrowing Chevron’s Domain

70 Duke Law Journal (2021, Forthcoming)
Number of pages: 69 Posted: 02 Mar 2020
Kristin E. Hickman and Aaron Nielson
University of Minnesota - Twin Cities - School of Law and Brigham Young University - J. Reuben Clark Law School
Downloads 135 (232,132)

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Chevron, Mead, Skidmore, administrative law, rulemaking, deference

16.

Waivers, Exemptions, and Prosecutorial Discretion: An Examination of Agency Nonenforcement Practices

BYU Law Research Paper No. 17-27
Number of pages: 76 Posted: 03 Nov 2017
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 117 (257,186)
Citation 1

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Administrative Law, What's New in Administrative Law, Regulatory Enforcement, Prosecutorial Discretion, Waivers, Exemptions

17.

Reflections on the End of the Federal Law Clerk Hiring Plan

112 Mich. L. Rev. First Impressions 22 (2013)
Number of pages: 8 Posted: 20 Mar 2014 Last Revised: 20 Oct 2015
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 86 (315,792)

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Law clerk, Clerkship, Federal clerkship, Clerkship hiring, Federal judges law clerk hiring plan, Law student hiring, Federal law clerk, Law student interview, Clerkship interview, How do I become a federal law clerk, Tips on getting a federal law clerkshi

18.

Cf. Auer v. Robbins

Texas Review of Law & Politics, Forthcoming
Number of pages: 4 Posted: 12 Jun 2017 Last Revised: 29 Aug 2017
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 82 (325,096)

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Seminole Rock, Chevron, deference to administrative agencies, Antonin Scalia, administrative law

19.

Nonenforcement and the Dangers of Leveraging

Loyola University Chicago, Journal of Regulatory Compliance (2018 Forthcoming)
Number of pages: 12 Posted: 19 Mar 2018
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 73 (347,738)

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nonenforcement, leveraging, administrative law, what's new in administrative law

20.

Optimal Ossification

George Washington Law Review, Vol. 86, No. 5, 2018
Number of pages: 32 Posted: 30 Nov 2017
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 72 (350,406)

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Ossification, administrative law, what's new in administrative law

21.

The Policing of Prosecutors: More Lessons from Administrative Law?

123 Dickinson Law Review 713 (2019)
Number of pages: 21 Posted: 31 May 2019 Last Revised: 05 Jun 2019
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 68 (361,439)

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Administrative Law, Prosecutorial Discretion, Agencies, Discretionary Authority, Criminal Procedure, Criminal Law

22.

Erie as Nondelegation

Ohio State Law Journal, Vol. 72, No. 2, p. 239, 2011
Number of pages: 64 Posted: 08 Sep 2013 Last Revised: 20 Oct 2015
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 66 (367,154)

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Erie, Erie doctrine, Nondelegation, Alien Tort Statute, Sherman Act, What is the Erie doctrine, Why is the Erie doctrine correct, What is the constitutional basis of the Erie doctrine

23.

How Agencies Choose Whether to Enforce the Law: A Preliminary Investigation

Notre Dame Law Review, Vol. 93, No. 4, 2018
Number of pages: 33 Posted: 27 Jun 2018
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 61 (382,171)

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administrative law, what's new in administrative law, enforcement decisions, prosecutorial discretion

24.

Sticky Regulations and N̶e̶t̶ ̶N̶e̶u̶t̶r̶a̶l̶i̶t̶y̶ Restoring Internet Freedom

Hastings Law Journal, 2020, Forthcoming
Number of pages: 20 Posted: 29 Feb 2020 Last Revised: 10 Mar 2020
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 41 (454,020)

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administrative law, stability, net neutrality, internet regulation, Congress

25.

Rethinking Formal Rulemaking

MERCATUS RESEARCH
Number of pages: 16 Posted: 07 Jun 2018
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 6 (657,366)
Citation 3

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Other Papers (1)

Total Downloads: 30
1.

How Agencies Communicate

Yale Journal on Regulation, Notice & Comment Blog
Number of pages: 21 Posted: 28 Mar 2018
University of Texas at Austin - School of Law, University of North Carolina (UNC) at Chapel Hill, University of Washington School of Law, University of Washington - School of Law, Yeshiva University - Benjamin N. Cardozo School of Law, University of Iowa - College of Law, Yale University - Law School, Vanderbilt University - Law School, University of Minnesota - Twin Cities - School of Law, Ohio State University (OSU) - Michael E. Moritz College of Law and Brigham Young University - J. Reuben Clark Law School
Downloads 30

Abstract:

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Administrative Law, Administrative Guidance, Communication, Deference, Regulations, Notice-and-Comment, Rulemaking, Examples