Aaron Nielson

Brigham Young University - J. Reuben Clark Law School

Associate Professor

430 JRCB

Brigham Young University

Provo, UT 84602

United States

SCHOLARLY PAPERS

22

DOWNLOADS
Rank 7,990

SSRN RANKINGS

Top 7,990

in Total Papers Downloads

5,817

SSRN CITATIONS

1

CROSSREF CITATIONS

3

Scholarly Papers (22)

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, 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 1,049 (20,831)

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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 793 (31,209)

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

3.

Clarence Thomas the Questioner

Northwestern University Law Review, Forthcoming, BYU Law Research Paper No. 17-06
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 514 (55,360)

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

4.

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 442 (66,712)

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

5.

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 Jacob Hemel and Aaron Nielson
University of Chicago - Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 363 (84,213)

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

6.

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 363 (84,213)

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

7.

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 328 (94,460)

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

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 305 (102,297)

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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, BYU Law Research Paper No. #16-22
Number of pages: 63 Posted: 15 Aug 2016
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 251 (125,728)

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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, BYU Law Research Paper No. 17-11
Number of pages: 53 Posted: 13 Apr 2017
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 238 (132,703)

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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 201 (155,996)

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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.

Visualizing Change in Administrative Law

Georgia Law Review, Forthcoming, BYU Law Research Paper No. 15-14
Number of pages: 65 Posted: 13 Aug 2015 Last Revised: 14 Nov 2015
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 187 (166,689)

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

13.

Confessions of an 'Anti-Administrativist'

131 Harvard Law Review Forum, 2017, BYU Law Research Paper 17-28
Number of pages: 13 Posted: 14 Nov 2017 Last Revised: 27 Jan 2018
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 175 (176,933)

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

14.

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 111 (254,456)
Citation 1

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

15.

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 (301,126)

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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

16.

Cf. Auer v. Robbins

Texas Review of Law & Politics, Forthcoming, BYU Law Research Paper No. 17-14
Number of pages: 4 Posted: 12 Jun 2017 Last Revised: 29 Aug 2017
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 80 (314,678)

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

17.

Nonenforcement and the Dangers of Leveraging

Loyola University Chicago, Journal of Regulatory Compliance (2018 Forthcoming), BYU Law Research Paper No. 18-04
Number of pages: 12 Posted: 19 Mar 2018
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 70 (339,612)

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

18.

Optimal Ossification

George Washington Law Review, Vol. 86, No. 5, 2018, BYU Law Research Paper No. 17-30
Number of pages: 32 Posted: 30 Nov 2017
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 70 (339,612)

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

19.

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 (350,378)

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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

20.

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 65 (353,200)

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

21.

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

Notre Dame Law Review, Vol. 93, No. 4, 2018, BYU Law Research Paper No. 18-06
Number of pages: 33 Posted: 27 Jun 2018
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 56 (380,451)

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

22.

Rethinking Formal Rulemaking

MERCATUS RESEARCH
Number of pages: 16 Posted: 07 Jun 2018
Aaron Nielson
Brigham Young University - J. Reuben Clark Law School
Downloads 4 (641,527)
Citation 2

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Other Papers (1)

Total Downloads: 27
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 27

Abstract:

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