Kristin E. Hickman
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khickmanjd.bsky.social
Kristin E. Hickman
@khickmanjd.bsky.social
1.5K followers 180 following 73 posts
McKnight Presidential Professor in Law, University of Minnesota Law School. Tax & administrative law scholar. Administrative Law Treatise co-author.
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khickmanjd.bsky.social
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
November 13, 2025 at 3:22 PM
khickmanjd.bsky.social
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
November 11, 2025 at 2:25 PM
khickmanjd.bsky.social
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
November 8, 2025 at 6:33 PM
khickmanjd.bsky.social
Congratulations and best wishes to @umnlawschool.bsky.social alum Kyle Hawkins on his appointment to the Texas Supreme Court!
October 25, 2025 at 1:52 AM
khickmanjd.bsky.social
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!
October 9, 2025 at 7:09 PM
khickmanjd.bsky.social
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.
October 9, 2025 at 12:58 PM
khickmanjd.bsky.social
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.
October 2, 2025 at 6:53 PM
khickmanjd.bsky.social
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
October 1, 2025 at 5:25 PM
khickmanjd.bsky.social
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
September 30, 2025 at 6:27 PM
khickmanjd.bsky.social
From @orinkerr.bsky.social, highly recommended for my 1L students, although my 2Ls and 3Ls might also glean insights given the benefit of hindsight.
August 23, 2025 at 7:59 PM
khickmanjd.bsky.social
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....
August 8, 2025 at 2:03 AM
khickmanjd.bsky.social
For users of the Hickman, Pierce, & Walker federal admin law textbook, @chrisjwalker.bsky.social has posted the link to our summer supplement at the Notice & Comment blog. We're working on the 5th edition. Feedback from users is always welcome.
August 7, 2025 at 5:30 PM
khickmanjd.bsky.social
Always interested in what @ajosephoconnell.bsky.social has to say about acting appointments. Here with @jacklgoldsmith.bsky.social about the New Jersey U.S. Attorney situation.
executivefunctions.substack.com/p/anne-josep...
Anne Joseph O'Connell on the New Jersey U.S. Attorney Matter
And the larger tangled state of the law of appointments and vacancies
executivefunctions.substack.com
July 25, 2025 at 2:01 PM
khickmanjd.bsky.social
New work from @kewhittington.bsky.social on diversity statements, academic freedom, and the first amendment, forthcoming Nebraska L. Rev., via @volokhc.bsky.social, the link is here:
kewhitt.scholar.princeton.edu/sites/g/file...
July 25, 2025 at 1:52 PM
khickmanjd.bsky.social
Congratulations to my @umnlawschool.bsky.social colleague @niaolainf.bsky.social upon receiving this special honor.
umnlawschool.bsky.social Minnesota Law @umnlawschool.bsky.social · Jul 22
Professor @niaolainf.bsky.social KC (Hons),​ has been elected​ a Fellow ​of the British Academy, in recognition of her outstanding contributions to the humanities and social sciences.

Congratulations, Professor Ní Aoláin!
z.umn.edu/akst
Professor Fionnuala Ni Aolain KC (Hons) on the Washington St. bridge with the Mpls skyline in the background.
July 23, 2025 at 3:17 AM
khickmanjd.bsky.social
Attention law profs and other authors. My @umnlawschool.bsky.social Minnesota Law Review students do a great job with the editing process. Submit today!
scholasticalr.bsky.social Scholastica Law Reviews @scholasticalr.bsky.social · Jul 18
Minnesota Law Review is now open and accepting submissions on Scholastica!

Submit your article here: https://minnesota-law-review.scholasticahq.com/for-authors #LRSubmissions
Image of a law school library with the words "law reviews are opening!" and #LRSubmissions overlaid
July 18, 2025 at 9:02 PM
khickmanjd.bsky.social
Delighted to boost this new paper from @tphillips.bsky.social and my @umnlawschool.bsky.social colleague @nicholasbednar.bsky.social, just posted @ssrn.bsky.social. Very important issue! Per Nick, it has graphs! Check it out!
tphillips.bsky.social Todd Phillips @tphillips.bsky.social · Jul 11
🚨@nicholasbednar.bsky.social and I have a new article titled Commission Quorums.

In light of firings rendering the NLRB and MSPB quorum-less, we review caselaw, common law principles, and the quorum rules of 76 commissions to understand the law of quorums. 1/

papers.ssrn.com/sol3/papers....
July 12, 2025 at 2:52 AM
khickmanjd.bsky.social
For those who follow admin law developments, the bi-annual ACUS plenary is underway, considering recommendations for agency investigative procedures; consultation with state, local, & tribal governments; & public participation in agency adjudications. It's livestreamed.
www.acus.gov/event/83rd-p...
83rd Plenary Session | Administrative Conference of the United States
For the General PublicThe plenary proceedings will be broadcast for public viewing. A livestream link will be posted to this page prior to the event.
www.acus.gov
June 12, 2025 at 2:01 PM
khickmanjd.bsky.social
uper excited that the special supplement of the Admin Law Treatise on statutory & regulatory interpretation in admin law after Loper Bright is now out @wolterskluwer.com! Lots of great stuff. See 👇
May 15, 2025 at 9:11 PM
khickmanjd.bsky.social
1/2: Happy to say that my Duke Law Journal Online (@dukelaw.bsky.social) essay on Skidmore after Loper Bright has been published. The DLJ student editors did a great job. I am grateful for their hard work & enthusiasm.
scholarship.law.duke.edu/dlj_online/1...
I have one follow-on thought below:
"Anticipating a New Modern Skidmore Standard" by Kristin E. Hickman
In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron deference but blessed giving agency interpretations of statutes “respect” or “weight” under the Skidmore standard during ju...
scholarship.law.duke.edu
April 19, 2025 at 5:48 PM
khickmanjd.bsky.social
Congratulations to my @umnlawschool.bsky.social colleague @nicholasbednar.bsky.social! Publication is a great excuse to check out the final version of the article, even if you read an earlier draft.
nicholasbednar.bsky.social Nick Bednar @nicholasbednar.bsky.social · Apr 17
My article, Presidential Control and Administrative Capacity, is live with Stanford L. Rev. The argument: Administrative capacity poses a greater constraint on presidential action than a lack of control. Policymaking requires a strong federal workforce.

www.stanfordlawreview.org/print/articl...
Presidential Control and Administrative Capacity | Stanford Law Review
www.stanfordlawreview.org
April 17, 2025 at 11:41 PM
khickmanjd.bsky.social
Congrats to @nyulawreview.bsky.social & @policyintegrity.bsky.social for a fantastic symposium. Interesting & timely remarks from
@chris_j_walker & many others. So grateful for the opportunity to join & highlight Harmonizing Delegation & Deference After Loper Bright.
papers.ssrn.com/sol3/papers....
chrisjwalker.bsky.social Chris Walker @chrisjwalker.bsky.social · Apr 11
The @nyulawreview.bsky.social and @policyintegrity.bsky.social have organized a terrific administrative law symposium today. My @umichlaw.bsky.social colleague @jdmortenson.bsky.social is here to talk about history, and I'm on a panel that is charged with ignoring history. 🤓
April 12, 2025 at 3:08 PM
khickmanjd.bsky.social
Happy to be traveling to @dukelaw.bsky.social for the annual Duke Law Journal administrative law symposium. I will be commenting on Jarkesy's Stakes for the SEC by @jamesftierney.bsky.social & presenting my own essay on Skidmore after Loper Bright.
papers.ssrn.com/sol3/papers....
Anticipating A New Modern Skidmore Standard
<p>In <i>Loper Bright Enterprises v. Raimondo</i>, the Supreme Court overruled <i>Chevron </i>deference but blessed giving agency interpretations of statutes “r
papers.ssrn.com
March 20, 2025 at 3:07 PM
khickmanjd.bsky.social
For followers in the Twin Cities area, this upcoming @umnlawschool.bsky.social endowed lecture by @noahfeldman.bsky.social promises to be an interesting talk. Registration is open and the event is free to the public. Link and additional details are below.
umnlawschool.bsky.social Minnesota Law @umnlawschool.bsky.social · Mar 17
Noah Feldman, Felix Frankfurter Professor of Law, Chair of the Society of Fellows, and founding director of the Julis-Rabinowitz Program on Jewish and Israeli Law at Harvard University will deliver the inaugural Charles Rubenstein Lecture 4/8/25 at Minnesota Law.
z.umn.edu/RubensteinLecture2025
Inaugural Charles Rubenstein Lecture featuring Prof. Noah Feldman, Felix Frankfurter Professor of Law, Chair of the Society of Fellows, and founding director of the Julis-Rabinowitz Program on Jewish and Israeli Law at Harvard University. Lecture title: The Pervasive Method: Jews in American Legal Education. Tuesday, April 8, 2025; 4 to 5 p.m. Lecture, room 25; 5 to 6 p.m. Reception, Auerbach Commons
March 18, 2025 at 9:23 PM
khickmanjd.bsky.social
Coming very, very soon -- 150+ pages of an all new Administrative Law Treatise chapter on statutory and regulatory interpretation after Loper Bright.
March 18, 2025 at 6:35 PM