Aaron Nielson

Brigham Young University - J. Reuben Clark Law School

Associate Professor

430 JRCB

Brigham Young University

Provo, UT 84602

United States

SCHOLARLY PAPERS

31

DOWNLOADS
Rank 6,523

SSRN RANKINGS

Top 6,523

in Total Papers Downloads

8,494

SSRN CITATIONS

8

CROSSREF CITATIONS

3

Scholarly Papers (31)

1.

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

Yale Journal of Regulation, Notice & Comment Blog, Washington University in St. Louis Legal Studies Research Paper No. 2847668, Minnesota Legal Studies Research Paper No. 16-41, Virginia Public Law and Legal Theory Research Paper No. 2017-38
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, Chapman University, The Dale E. Fowler School of Law, Utah Supreme Court, Columbia University - Law School, Lewis & Clark Law School, University of Minnesota - Twin Cities - School of Law, Notre Dame Law School, American Enterprise Institute and Yale University, Law School
Downloads 1,153 (22,830)
Citation 3

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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, Ohio State Public Law Working Paper No. 317, BYU Law Research Paper No. 15-20
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 1,021 (27,245)

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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, BYU Law Research Paper No. 18-20, Ohio State Public Law Working Paper No. 447
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 839 (35,918)

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

4.

Clarence Thomas the Questioner

111 Northwestern University Law Review 1185 (2017), 111 Northwestern University Law Review Online 197 (2017), BYU Law Research Paper No. 17-06
Number of pages: 33 Posted: 01 Nov 2016 Last Revised: 10 Feb 2021
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 551 (62,561)

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

5.

Qualified Immunity and Federalism

Georgetown Law Journal, Vol. 109, pp. 229-303, 2020, Ohio State Public Law Working Paper No. 530, BYU Law Research Paper No. 20-02
Number of pages: 75 Posted: 27 Feb 2020 Last Revised: 06 Jan 2021
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 500 (70,634)

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

6.

A(nother) New Plan for Clerkship Hiring

Judicature, Volume 102, Number 2, Summer 2018, 70-75, BYU Law Research Paper No. 18-08
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 412 (88,915)

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

7.

Chevron Step One-and-a-Half

84 University of Chicago Law Review 757 (2017), U of Chicago, Public Law Working Paper No. 602, BYU Law Research Paper No. 17-07
Number of pages: 68 Posted: 16 Nov 2016 Last Revised: 03 Feb 2018
Daniel J. Hemel and Aaron Nielson
University of Chicago - Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 398 (92,521)

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

8.

Strategic Immunity

Emory Law Journal, Vol. 66, pp. 55-122, 2016, Ohio State Public Law Working Paper No. 339, BYU Law Research Paper No. 16-13
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 387 (95,624)

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

9.

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 350 (107,111)

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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

10.

Narrowing Chevron’s Domain

70 Duke Law Journal 931 (2021), BYU Law Research Paper No. 20-07
Number of pages: 83 Posted: 02 Mar 2020 Last Revised: 28 Jan 2021
Kristin E. Hickman and Aaron Nielson
University of Minnesota - Twin Cities - School of Law and Brigham Young University - J. Reuben Clark Law School
Downloads 315 (120,268)

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

11.

Beyond Seminole Rock

105 Georgetown Law Journal 943 (2017), BYU Law Research Paper No. 16-22
Number of pages: 58 Posted: 15 Aug 2016 Last Revised: 10 Feb 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 285 (133,756)

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

12.

Sticky Regulations

85 University of Chicago Law Review 85 (2018), BYU Law Research Paper No. 17-11
Number of pages: 59 Posted: 13 Apr 2017 Last Revised: 10 Feb 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 259 (147,486)

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

13.

Confessions of an 'Anti-Administrativist'

131 Harvard Law Review Forum 1 (2017), BYU Law Research Paper 17-28
Number of pages: 13 Posted: 14 Nov 2017 Last Revised: 09 Feb 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 251 (152,117)

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

14.

Visualizing Change in Administrative Law

49 Georgia Law Review 757 (2015), BYU Law Research Paper No. 15-14
Number of pages: 62 Posted: 13 Aug 2015 Last Revised: 09 Feb 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 211 (179,628)
Citation 1

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

15.

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 208 (182,020)

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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

16.

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

Report to the Administrative Conference of the United States (Oct. 31, 2017), BYU Law Research Paper No. 17-27
Number of pages: 76 Posted: 03 Nov 2017 Last Revised: 09 Feb 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 137 (260,176)
Citation 2

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

17.

The Future of Chevron Deference

70 Duke Law Journal 1015 (2021), BYU Law Research Paper No. 21-03
Number of pages: 10 Posted: 02 Feb 2021 Last Revised: 08 Feb 2021
Kristin E. Hickman and Aaron Nielson
University of Minnesota - Twin Cities - School of Law and Brigham Young University - J. Reuben Clark Law School
Downloads 119 (289,098)

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administrative law, Chevron, deference, Supreme Court, rulemaking,

18.

The Minor Questions Doctrine

169 University of Pennsylvania Law Review 1181 (2021), BYU Law Research Paper No. 20-21
Number of pages: 54 Posted: 18 Aug 2020 Last Revised: 23 Jun 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 118 (290,788)

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administrative law, major questions doctrine, Chevron deference, separation of powers, collective action, policymaking

19.

Three Wrong Turns in Agency Adjudication

George Mason Law Review, 2021 Forthcoming, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 21-03, BYU Law Research Paper No. 21-02
Number of pages: 20 Posted: 11 Jan 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 107 (311,398)

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administrative law, APA, Administrative Procedure Act, agency adjudication, Supreme Court

20.

Nonenforcement and the Dangers of Leveraging

Loyola University Chicago, Journal of Regulatory Compliance, Issue 3, pp. 19-29 (2018), BYU Law Research Paper No. 18-04
Number of pages: 11 Posted: 19 Mar 2018 Last Revised: 10 Feb 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 98 (329,952)

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

21.

Optimal Ossification

86 George Washington Law Review 1209 (2018), BYU Law Research Paper No. 17-30
Number of pages: 34 Posted: 30 Nov 2017 Last Revised: 10 Feb 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 98 (329,952)

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

22.

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

Yale Journal on Regulation: Notice & Comment, BYU Law Research Paper No. 20-20
Number of pages: 1226 Posted: 28 Aug 2020
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 97 (332,181)

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Administrative law, D.C. Circuit, judicial nominees, adjudication, federal courts

23.

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 89 (350,789)

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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

24.

Cf. Auer v. Robbins

21 Texas Review of Law & Politics 303 (2017), BYU Law Research Paper No. 17-14
Number of pages: 4 Posted: 12 Jun 2017 Last Revised: 09 Feb 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 86 (358,271)

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

25.

Brief of Court-Appointed Amicus Curiae in Collins v. Mnuchin in Support of the Position that the Federal Housing Finance Agency's Structure Does Not Violate the Separation of Powers

BYU Law Research Paper No. 21-01, Ohio State Legal Studies Research Paper No. 596
Number of pages: 64 Posted: 07 Jan 2021 Last Revised: 27 Jan 2021
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 80 (374,132)

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administrative law, separation of powers, removal power, executive power, conservatorship, for cause, tenure protection

26.

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

93 Notre Dame Law Review 1517 (2018), BYU Law Research Paper No. 18-06
Number of pages: 32 Posted: 27 Jun 2018 Last Revised: 10 Feb 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 76 (385,295)

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

27.

The Policing of Prosecutors: More Lessons from Administrative Law?

123 Dickinson Law Review 713 (2019), BYU Law Research Paper No. 19-13
Number of pages: 21 Posted: 31 May 2019 Last Revised: 05 Jun 2019
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 75 (388,224)

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

28.

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 74 (391,083)

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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

29.

Sticky Regulations and N̶e̶t̶ ̶N̶e̶u̶t̶r̶a̶l̶i̶t̶y̶ Restoring Internet Freedom

Hastings Law Journal, 2020, Forthcoming , BYU Law Research Paper No. 20-06
Number of pages: 20 Posted: 29 Feb 2020 Last Revised: 10 Mar 2020
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 55 (454,814)

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

30.

Deconstruction (Not Destruction)

150(3) Daedalus, the Journal of the American Academy of Arts & Sciences 143-154 (Spring 2021), BYU Law Research Paper No. 21-18
Number of pages: 12 Posted: 16 Jun 2021
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 38 (527,947)

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administrative law, administrative state, deconstruction

31.

Rethinking Formal Rulemaking

MERCATUS RESEARCH
Number of pages: 16 Posted: 07 Jun 2018
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 7 (734,238)
Citation 3

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Other Papers (1)

Total Downloads: 35
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 35

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