Kristin E. Hickman
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khickmanjd.bsky.social
Kristin E. Hickman
@khickmanjd.bsky.social
1.5K followers 180 following 84 posts

McKnight Presidential Professor in Law, University of Minnesota Law School. Tax & administrative law scholar. Administrative Law Treatise co-author.

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Kristin Hickman is an American legal scholar known for her work in the fields of administrative law, tax administration, statutory interpretation, and tax law. She is a Distinguished McKnight University Professor and the Harlan Albert Rogers Professor in Law at the University of Minnesota Law School. Her work is regularly cited by United States Courts, including the United States Supreme Court. She is known for her scholarship on regulatory practice and judicial deference, particularly Chevron deference. .. more

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Kristin E. Hickman @khickmanjd.bsky.social · 9d
I don't write about politics, but as a Minnesotan, I endorse this message from @chkbal.bsky.social 100%. Conditions here are grim, folks. Whatever your views on immigration policy, what ICE & CPB are doing to this community is unAmerican. They need to stop.

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · 3d
Take a slow, deep breath. It's a good paper. Congratulations.

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · 9d
I read a draft of this new article from @emilysbremer.bsky.social. It was fascinating. Can't wait to read the expanded version. Highly recommended.
emilysbremer.bsky.social Emily Bremer @emilysbremer.bsky.social · 9d
Coming soon to SSRN, Vacatur Within the Appellate Model of Judicial Review, an article that started as a small intervention into the vacatur debate but grew into the judicial review installment of my multi-year project on the Administrative Procedure Act.
Screenshot of an article abstract: VACATUR WITHIN THE APPELLATE MODEL OF JUDICIAL REVIEW Emily S. Bremer Draft of Jan. 27, 2026 This Article situates vacatur within a holistic account of the appellate model of judicial review that Congress codified in the Administrative Procedure Act (APA). Revisionist objections to judicial vacatur of agency rules neglect this broader structure and impose upon the APA a modern idea of remedies that crystallized decades after the statute’s 1946 enactment. Understood on its own terms, the APA uses pre-APA principles governing appellate jurisdiction to provide a constitutionally calibrated remedy for unlawful agency action. This Article uncovers those principles, and it argues that vacatur is not an equitable remedy but an appellate determination. It is statutorily authorized when an agency action is properly before a court on judicial review and is found to be unlawful under the applicable standard of review. But the approach has implications beyond vacatur, offering a revelatory blueprint for the APA’s judicial review section. This blueprint can help to address some of the most intractable problems in the judicial review of agency action, including the timing of judicial review of rules, the relationship between APA review and other remedies, and the role of the scope of review in keeping courts within Article III’s boundaries.

Reposted by Kristin E. Hickman

emilysbremer.bsky.social
Emily Bremer @emilysbremer.bsky.social · 9d
Coming soon to SSRN, Vacatur Within the Appellate Model of Judicial Review, an article that started as a small intervention into the vacatur debate but grew into the judicial review installment of my multi-year project on the Administrative Procedure Act.
Screenshot of an article abstract: VACATUR WITHIN THE APPELLATE MODEL OF JUDICIAL REVIEW Emily S. Bremer Draft of Jan. 27, 2026 This Article situates vacatur within a holistic account of the appellate model of judicial review that Congress codified in the Administrative Procedure Act (APA). Revisionist objections to judicial vacatur of agency rules neglect this broader structure and impose upon the APA a modern idea of remedies that crystallized decades after the statute’s 1946 enactment. Understood on its own terms, the APA uses pre-APA principles governing appellate jurisdiction to provide a constitutionally calibrated remedy for unlawful agency action. This Article uncovers those principles, and it argues that vacatur is not an equitable remedy but an appellate determination. It is statutorily authorized when an agency action is properly before a court on judicial review and is found to be unlawful under the applicable standard of review. But the approach has implications beyond vacatur, offering a revelatory blueprint for the APA’s judicial review section. This blueprint can help to address some of the most intractable problems in the judicial review of agency action, including the timing of judicial review of rules, the relationship between APA review and other remedies, and the role of the scope of review in keeping courts within Article III’s boundaries.

Reposted by Manisha Sinha, Kristin E. Hickman

chkbal.bsky.social
Society for the Rule of Law @chkbal.bsky.social · 10d
See the Society for the Rule of Law Institute's statement on the situation in Minneapolis.
societyfortheruleoflaw.org/statement-on...
Statement on the Federal Actions in Minneapolis - Society for the Rule of Law
The Society for the Rule of Law Institute released the following statement regarding the ongoing federal actions in Minneapolis: The Society for the Rule of Law Institute expresses its deep concern wi...
societyfortheruleoflaw.org

Reposted by Matthew Bodie

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · 13d
Attn junior admin law scholars--submit your abstracts by 2/27 for the annual new scholarship roundtable--a fantastic venue for getting feedback & making connections in the field--this year at Vanderbilt Law. Details at the link:
www.yalejreg.com/nc/call-for-...
Call for Papers: Eleventh Annual Administrative Law New Scholarship Roundtable - Yale Journal on Regulation
Vanderbilt Law School is very pleased to host the Eleventh Annual Administrative Law New Scholarship Roundtable on June 2-3, 2026. For the past ten years, the Roundtable has offered administrative law...
www.yalejreg.com

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Jan 2
Many thanks to the @nyulawreview.bsky.social for all of their hard work on this symposium issue, including my article with Amy Wildermuth in which we interpret & try to operationalize Loper Bright.
www.yalejreg.com/nc/nyu-law-r...
NYU Law Review Volume 100 Symposium Issue: Where Does Administrative Law Go From Here? - Yale Journal on Regulation
In April 2025, the NYU Law Review and the Institute for Policy Integrity at NYU School of Law hosted a terrific symposium entitled Where Does Administrative Law Go from Here? Just before the new year,...
www.yalejreg.com

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Dec 31
Boosting this question from my @umnlawschool.bsky.social colleague @danielschwarcz.bsky.social.
danielschwarcz.bsky.social Daniel Schwarcz @danielschwarcz.bsky.social · Dec 31
The amount of fraud coming to light in Minnesota is alarming. Wearing my MN insurance law hat, I keep coming back to one overlooked area: no-fault auto insurance & the incentives it creates for fraudulent medical & chiropractic claims in the state. Are there any good recent data or studies on this?

Reposted by Kristin E. Hickman

danielschwarcz.bsky.social
Daniel Schwarcz @danielschwarcz.bsky.social · Dec 31
The amount of fraud coming to light in Minnesota is alarming. Wearing my MN insurance law hat, I keep coming back to one overlooked area: no-fault auto insurance & the incentives it creates for fraudulent medical & chiropractic claims in the state. Are there any good recent data or studies on this?

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Dec 8
Congratulations to my @umnlawschool.bsky.social colleague @nicholasbednar.bsky.social on this well deserved recognition for his newest article on the Civil service, forthcoming in the Minn Law Rev. Check it out!
lsolum.bsky.social Lawrence Solum @lsolum.bsky.social · Dec 6
Download of the Week: “Presidential Control of the Civil Service” by Bednar

The Download of the Week is Presidential Control of the Civil Service by Nicholas Bednar. Here is the abstract: Conventional wisdom treats the federal civil service as largely beyond the president’s reach. This Article…
Download of the Week: “Presidential Control of the Civil Service” by Bednar
The Download of the Week is Presidential Control of the Civil Service by Nicholas Bednar. Here is the abstract: Conventional wisdom treats the federal civil service as largely beyond the president’s reach. This Article challenges that assumption. Legal scholars too often focus on constitutional powers rather than statutory authority. Yet the president has possessed statutory authority to regulate entrance into the civil service and the conduct of federal employees since before the passage of the Pendleton Act.
legaltheoryblog.com

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Dec 8
We're super excited about this paper, which provides empirical evidence regarding common critiques of OIRA review, some really interesting insights into the tax regulatory process, & potential lessons for OIRA review of independent agencies.

Reposted by Stuart Shapiro

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Dec 8
@bridgetdooling.bsky.social & I have posted @ssrn.bsky.social the first article to come from our study of OIRA review of tax regs, coming in @uvalaw.bsky.social Va Tax Review in early 2026. Lots of stats, graphs, & tables for those who like such things.
papers.ssrn.com/sol3/papers....
Delay, Politics, and Expertise in OIRA Tax Review
The opening months of the second Trump administration have featured a wide range of changes to federal policy accomplished through presidential executive orders
papers.ssrn.com

Reposted by Kristin E. Hickman

lsolum.bsky.social
Lawrence Solum @lsolum.bsky.social · Dec 6
Download of the Week: “Presidential Control of the Civil Service” by Bednar

The Download of the Week is Presidential Control of the Civil Service by Nicholas Bednar. Here is the abstract: Conventional wisdom treats the federal civil service as largely beyond the president’s reach. This Article…
Download of the Week: “Presidential Control of the Civil Service” by Bednar
The Download of the Week is Presidential Control of the Civil Service by Nicholas Bednar. Here is the abstract: Conventional wisdom treats the federal civil service as largely beyond the president’s reach. This Article challenges that assumption. Legal scholars too often focus on constitutional powers rather than statutory authority. Yet the president has possessed statutory authority to regulate entrance into the civil service and the conduct of federal employees since before the passage of the Pendleton Act.
legaltheoryblog.com

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Dec 3
Highlighting new scholarship @ssrn.bsky.social from my @umnlawschool.bsky.social colleague @danielschwarcz.bsky.social about using AI to grade law school exams that should be of interest to law professors of all stripes.
papers.ssrn.com/sol3/papers....

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Dec 1
Very excited to welcome the impressive @hsanderson.bsky.social to the @umnlawschool.bsky.social faculty starting next fall! FWIW, I recommend ice cleats! (That said, overall, I think Minnesota's climate is unfairly maligned.)
hsanderson.bsky.social Haley S. Anderson @hsanderson.bsky.social · Dec 1
I guess this means it's official!! I am beyond thrilled to be joining Minnesota Law as an associate professor next year.

Now taking recommendations for your favorite winter gear!

law.umn.edu/news/2025-12...
Screenshot of Minnesota Law website announcement

Reposted by Robert C. Richards, Kristin E. Hickman

hsanderson.bsky.social
Haley S. Anderson @hsanderson.bsky.social · Dec 1
I guess this means it's official!! I am beyond thrilled to be joining Minnesota Law as an associate professor next year.

Now taking recommendations for your favorite winter gear!

law.umn.edu/news/2025-12...
Screenshot of Minnesota Law website announcement

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Nov 13
Attn admin law folks: I will be talking about OIRA and independent agencies with Eli Nachmany, Paul Ray, & Roger Nober tomorrow (Friday, 11/14) at noon Eastern. Should be a fun conversation. Thanks to @FedSoc for hosting.
fedsoc.org/events/indep...
Independent Agencies and the OIRA Review Process
The question of agency independence is front and center in modern political and legal discourse—the...
fedsoc.org

Reposted by Jonathan H. Adler

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Nov 11
A super interesting @hls.harvard.edu Harvard Law Review Foreword from @richardre.bsky.social.
harvardlawreview.org/print/vol-13...
To a Conservative Warren Court - Harvard Law Review
The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a strong majority of left-of-center jurists, and those “liberal lions” ruled (o...
harvardlawreview.org

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Nov 8
For #adlaw folks: Due to logistical issues from the federal gov't shutdown, ABA Admin Law has replaced its usual fall conference with a shorter but free online event on 11/21. Registration is required, but it's 6.5 hrs of free, quality CLE on admin law topics.
events.americanbar.org/event/a13a77...
2025 Administrative Law Fall Conference
events.americanbar.org

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Oct 25
Congratulations and best wishes to @umnlawschool.bsky.social alum Kyle Hawkins on his appointment to the Texas Supreme Court!

Reposted by Kristin E. Hickman

law360.bsky.social
Law360 @law360.bsky.social · Oct 24
Texas Gov. Greg Abbott on Friday announced the appointment of Kyle Hawkins, leader of the appellate practice at Lehotsky Keller Cohn and a former Texas solicitor general, to a seat on the Texas Supreme Court. #Law360Pulse #BusinessOfLaw
Ex-Texas Solicitor General Appointed To State Supreme Court - Law360
Texas Gov. Greg Abbott on Friday announced the appointment of Kyle Hawkins, leader of the appellate practice at Lehotsky Keller Cohn LLP and a former Texas solicitor general, to a seat on the Texas Supreme Court.
www.law360.com

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Oct 9
New sites for Legal Theory Blog and Legal Theory Lexicon. Pass it on. Many thanks @lsolum.bsky.social for your continued service to the law and the legal academy with these sites!

Reposted by Kristin E. Hickman

lsolum.bsky.social
Lawrence Solum @lsolum.bsky.social · Oct 9
Legal Theory Blog is at legaltheoryblog.com. The Legal Theory Lexicon is at legaltheorylexicon.com. Thanks in advance for you help.
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
legaltheoryblog.com

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Oct 9
Delighted to be at UNC Law today to present a forthcoming @uvalaw.bsky.social Tax Review article on OIRA review of tax regs, co-authored with @bridgetdooling.bsky.social -- Delay, Politics & Expertise in OIRA Tax Review. Lots of great data, draft coming soon @ssrn.bsky.social.

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Oct 2
Many thanks to CA6 Judge Amul Thapar for taking the time to talk with different groups of @umnlawschool.bsky.social students & faculty today, & to our student Federalist Society chapter for taking the lead on hosting him.

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Oct 1
For those who follow tax & admin, the 8th Circuit just reversed the Tax Court in favor of the taxpayer in the big 3M transfer pricing case, citing Loper Bright plus the #SCOTUS First Security Bank decision, & treating Brand X as dead (rightly IMO).
ecf.ca8.uscourts.gov/opndir/25/10/233772P.pdf
U.S. Court Of Appeals
ecf.ca8.uscourts.gov

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Sep 30
Delighted to be @umichlaw.bsky.social today to present my paper with Amy Wildermuth, Harmonizing Delegation and Deference After Loper Bright, at the public law workshop. Many thanks to @jdmortenson.bsky.social & @profrrothschild.bsky.social for inviting me.
papers.ssrn.com/sol3/papers....
Harmonizing Delegation and Deference After <i>Loper Bright</i>
By overturning <i>Chevron</i>, the Supreme Court's <i>Loper Bright</i> decision clearly changed the way in which courts must approach agency actions interpretin
papers.ssrn.com

Reposted by Orin S. Kerr

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Aug 23
From @orinkerr.bsky.social, highly recommended for my 1L students, although my 2Ls and 3Ls might also glean insights given the benefit of hindsight.

Reposted by Kim L. Scheppele, Virginia, Kristin E. Hickman

orinkerr.bsky.social
Orin Kerr @orinkerr.bsky.social · Aug 23
Are you starting your 1L year this fall? Here's my explainer for what is ahead and what you should and shouldn't do.
www.youtube.com/watch?v=Ayl3...
"So You're About To Start Law School": A Law Student's Guide with Stanford Law Professor Orin Kerr
YouTube video by Law School Videos
www.youtube.com

khickmanjd.bsky.social
Kristin E. Hickman @khickmanjd.bsky.social · Aug 8
This from @orinkerr.bsky.social is so true. Also recommend the essay.
orinkerr.bsky.social Orin Kerr @orinkerr.bsky.social · Aug 7
If you're a 1L starting law school in coming weeks, just remember: You're *supposed to* feel a bit confused at first. It's normal. Law is like a language. You learn it best through immersion. You'll take a few weeks to get to speed.

This may help, too:
papers.ssrn.com/sol3/papers....