Kristin Hickman

Last updated
Kristin Hickman
Education Northwestern Law School
OccupationProfessor of Law
Employer University of Minnesota Law School
Notable workAdministrative Law Treatise
TitleDistinguished McKnight University Professor, Harlan Albert Rogers Professor in Law
Website kristinhickman.com

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 [1] 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. [2]

Contents

Education

Hickman earned her J.D. at Northwestern Law School, where she graduated magna cum laude and was awarded the Raoul Berger Prize [2] for outstanding Senior Research for Chevron's Domain. Hickman holds a B.A. from Trinity University in San Antonio.

Career

Prior to law school, Hickman practiced as a Certified Public Accountant for almost 5 years. [3] Based on this experience, she enrolled in law school with the idea of becoming a tax attorney. [4]

After graduating law school, Hickman served as a law clerk to Judge David B. Sentelle on the United States Court of Appeals for the District of Columbia Circuit from 1999 to 2000. During this clerkship, "she began to notice difference between tax regulations and those of other federal agencies." [4] Following her clerkship, she practiced law as an associate at Skadden, Arps, Slate, Meagher & Flom until 2003. [2]

Hickman taught as a visiting assistant professor of law at Northwestern Law School from 2003 to 2004. In 2004, she became an associate professor of law at the University of Minnesota Law School. She received tenure in 2008 and was appointed full professor of law in 2011. [2]  

Hickman taught at Harvard Law School as the Donald C. Alexander Visiting Professor in Tax Law from 2012 to 2013.  

Hickman served as special advisor to the administrator at the Office of Information and Regulatory Affairs from 2018 to 2019. [5] [6] She was credited with the Department of the Treasury curbing their use of "several of its regulatory tools" during her time at OIRA. [7]

Scholarship and citations

Hickman's scholarship has been published in highly regarded law journals including Columbia Law Review, [8] Virginia Law Review, [9] and Georgetown Law Journal. [10] According to HeinOnline, by 2020, her articles have been cited almost 1,500 times by courts and other scholars. [11] In March 2020, she was ranked as the second most cited author in the field of Tax Administration [12] and the third most cited in the field of Tax Law [13] according to Google Scholar. A 2018 scholarly impact survey of tenured faculty at U.S. law schools cited her as one of the 4 most "highly-cited scholars who work partly in [tax]". [14]  

Her articles are regularly cited in United States Court decisions [2] and have been directly referenced in several United States Supreme Court Decisions including United States v. Mead Corp [15] and City of Arlington, Texas v. FCC. [16] In its 2011 Mayo decision, the "U.S. Supreme Court accepted Hickman's interpretation of the Chevron standard of judicial review of agency regulations, ruling [...] Chevron, and more broadly the APA, should apply to tax regulations." [4]

In 2015, Hickman became co-author of the Administrative Law Treatise with Richard J. Pierce Jr. [17]

Blogs and online publications

Hickman writes informal legal opinions on several online outlets including Twitter (as @khickmanjd), her own OfInterest Blog, the Yale Journal on Regulation Notice and Comment Blog, [18] TaxProf Blog, and Jotwell. [19] Although these postings are more informal than her scholarly articles, many have attracted interest from other academics and lawyers including SCOTUSblog. [20] [21]

Other affiliations

Hickman is a Public Member of the Administrative Conference of the United States. [22]   She is a member of the American College of Tax Counsel. [2] She is a member of the Governing Council of the American Bar Association's Section of Administrative Law and Regulatory Practice. [23]

Selected publications

Books

Articles

Related Research Articles

<span class="mw-page-title-main">Stephen F. Williams</span> American judge (1936–2020)

Stephen Fain Williams was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit until his death from complications of COVID-19 on August 7, 2020.

United States federal administrative law encompasses statutes, regulations, rules, common law rulings, and directives issued by the Office of Information and Regulatory Affairs in the Executive Office of the President, that together define the extent of powers and responsibilities held by administrative agencies of the United States government. The executive, legislative, and judicial branches of the U.S. federal government cannot always directly perform their constitutional responsibilities. Specialized powers are therefore delegated to an agency, board, or commission. These administrative governmental bodies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets.

<span class="mw-page-title-main">The Volokh Conspiracy</span> American legal blog

The Volokh Conspiracy is a legal blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally libertarian, conservative, centrist, or some mixture of these." It is one of the most widely read and cited legal blogs in the United States. The blog is written by legal scholars and provides discussion on complex court decisions.

National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005), was a United States Supreme Court case in which the court held that decisions by the Federal Communications Commission on how to regulate Internet service providers are eligible for Chevron deference. While the case concerned routine regulatory processes at the FCC and applied to interpretations of the Communications Act of 1934 and Telecommunications Act of 1996, the ruling has become an important precedent on the matter of regulating network neutrality in the United States.

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test for when U.S. federal courts must defer to a government agency's interpretation of a statute. The decision articulated a doctrine now known as "Chevron deference". The doctrine consists of a two-part test that is highly deferential to government agencies: first, whether Congress has spoken directly to the precise issue at question, and second, "whether the agency's answer is based on a permissible construction of the statute."

Jim Chen is an American legal scholar known for his expertise in constitutional law. He holds the Justin Smith Morrill Chair in Law at Michigan State University College of Law. From 2007 to 2012, he served as the dean of the University of Louisville Brandeis School of Law.

<span class="mw-page-title-main">Cary Coglianese</span>

Cary Coglianese is an American legal scholar who is the Edward B. Shils Professor of Law and professor of political science at the University of Pennsylvania Law School, where he is also director of the Penn Program on Regulation.

Robert M. "Bobby" Chesney is an American lawyer and the Dean of the University of Texas School of Law. He is the Charles I. Francis Professor in Law and was the associate dean for academic affairs before becoming the dean. Chesney teaches courses relating to U.S. national security and constitutional law. He is also the director of the Strauss Center for International Security and Law. Chesney addresses issues involving national security and law, including matters relating to military detention, the use of force, terrorism-related prosecutions, the role of the courts in national security affairs and the relationship between military and intelligence community activities. He is a co-founder and contributor along with Benjamin Wittes and Jack Goldsmith to the Lawfare Blog. He also co-hosts The National Security Law Podcast with fellow Texas law professor Stephen Vladeck.

Mayo Foundation v. United States, 562 U.S. 44 (2011), is a United States Supreme Court case in which the Court upheld a Treasury Department regulation on the grounds that the courts should defer to government agencies in tax cases in absence of an unreasonable decision on the part of the agency.

<span class="mw-page-title-main">Administrative Procedure Act</span> US federal statute allowing courts oversight over agencies

The Administrative Procedure Act (APA), Pub. L.Tooltip Public Law  79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and it grants U.S. federal courts oversight over all agency actions. According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law.

The Journal of Things We Like (Lots) (known by its abbreviated name Jotwell) is an online legal journal based at and financially subsidized by the University of Miami School of Law in Coral Gables, Florida, United States.

King v. Burwell, 576 U.S. 473 (2015), was a 6–3 decision by the Supreme Court of the United States interpreting provisions of the Patient Protection and Affordable Care Act (ACA). The Court's decision upheld, as consistent with the statute, the outlay of premium tax credits to qualifying persons in all states, both those with exchanges established directly by a state, and those otherwise established by the Department of Health and Human Services.

Brent Evan Newton is an American legal scholar, the former deputy staff director at the United States Sentencing Commission, and a professor of law at Penn State Dickinson Law and Georgetown University Law Center.

The Regulatory Review is an online, daily publication devoted to coverage of regulatory news, analysis, and commentary. It is produced under the auspices of the Penn Program on Regulation and operated by students at the University of Pennsylvania Law School. The Regulatory Review's content includes essays produced by the publication's staff members as well as regular contributions from scholars, public officials, attorneys, and others interested in regulatory developments.

<span class="mw-page-title-main">Neomi Rao</span> American judge (born 1973)

Neomi Jehangir Rao is an American jurist who serves as a federal appellate judge on the U.S. Court of Appeals for the District of Columbia Circuit. She was appointed by President Donald Trump in 2019, having served in the Trump Administration from 2017 to 2019 as Administrator of the Office of Information and Regulatory Affairs.

Kenneth Culp Davis was an American legal scholar remembered as "the father of administrative law." He was a professor of law at West Virginia University from 1935 to 1939, at the University of Texas at Austin from 1940 to 1948, at Harvard University from 1948 to 1950, at the University of Minnesota from 1950 to 1960, at the University of Chicago from 1961 to 1976, and at the University of San Diego from 1976 until his retirement in 1994.

Kisor v. Wilkie, No. 18-15, 588 U.S. ___ (2019), was a US Supreme Court case related to the interpretation by an executive agency of its own ambiguous regulations. The case involved a veteran who had been denied some benefits from the United States Department of Veterans Affairs due to the agency's interpretation of its regulations. The case challenges the "Auer deference" established in the 1997 case Auer v. Robbins, in which the judiciary branch of the government normally defers to an agency's own interpretation of its own regulations in resolving matters of law. Lower courts, including the Federal Appeals Circuit Courts, ruled against the veteran, acknowledging the Auer deference.

Richard J. Pierce is an American legal scholar known for his work in Administrative Law and Government Regulation with particular expertise in the energy industry. He is the Lyle T. Alverson Professor of Law at George Washington University School of Law. He has been called the "most frequently cited scholar in the United States in the field of administrative law and government regulation". He has published over 150 books and articles and has been extensively cited by United States Courts including the United States Supreme Court. He is a Senior Fellow of the Administrative Conference of the United States.

Jennifer Nou is an American legal scholar who is currently a professor of law at the University of Chicago Law School and a senior advisor in the federal Office of Information and Regulatory Affairs (OIRA). She writes and teaches in the areas of administrative law, regulatory policy and constitutional law.

<span class="mw-page-title-main">Brian Slocum (law professor)</span> American legal scholar

Brian G. Slocum is an American author and professor of law with recognized expertise in jurisprudence, statutory interpretation, legal linguistics, and administrative law. Professor Brian Bix of the University of Minnesota described him as 'one of the most important scholars working at the intersection of legal interpretation and the philosophy of language'. Professor Slocum's scholarship has examined and criticized the 'ordinary meaning doctrine' and how it has been used by courts to interpret language. He has won numerous awards and his publications are printed in other languages, including Chinese.

References

  1. ↑ "Distinguished McKnight University Professors | Scholars Walk". scholarswalk.umn.edu.
  2. 1 2 3 4 5 6 "Kristin Hickman". University of Minnesota Law School. 2015-09-04.
  3. ↑ "Tax Conference Speakers & Panelists | University of Chicago Law School". www.law.uchicago.edu.
  4. 1 2 3 Graves, Kathy (2019-11-15). "Bringing Transparency to Taxation: Prof. Kristin Hickman's Busy Year Included Advising Federal Policymakers and Hosting an International Conference". University of Minnesota Law School - News. Retrieved 2020-04-24.
  5. ↑ "TaxProf Blog: Kristin Hickman Completes One-Year Stint In The White House As Special Adviser To OMB". TaxProf Blog. May 13, 2019.
  6. ↑ Versprille, Allyson (2019-05-11). "Tax Scholar Leaves White House Regulatory Review Office". news.bloombergtax.com.
  7. ↑ Becker, Bernie (March 7, 2019). "Eyeing the French". POLITICO.
  8. ↑ Hickman, Kristin E.; Krueger, Matthew D. (2007). "In Search of the 'Modern' Skidmore Standard". Columbia Law Review. 108: 1235–1320. SSRN   997321.
  9. ↑ Hickman, Kristin E.; Kerska, Gerald (October 16, 2017). "Restoring the Lost Anti-Injunction Act". Virginia Law Review. SSRN   3054177.
  10. ↑ Merrill, Thomas W.; Hickman, Kristin E. (2001-12-05). "Chevron's Domain". Georgetown Law Journal. 89: 833. SSRN   290181 – via SSRN.
  11. ↑ "Author Profile – Hickman, Kristin E." HeinOnline. 2020-04-24.
  12. ↑ "Profiles: Tax Administration". Google Scholar. Retrieved 2020-04-24.
  13. ↑ "Profiles: Tax Law". Google Scholar. Retrieved 2020-04-24.
  14. ↑ "Brian Leiter's Law School Reports: August 2018". leiterlawschool.typepad.com.
  15. ↑ United States v. Mead Corp., 533 U.S. 218, 226-27 (2001).
  16. ↑ City of Arlington v. FCC, 569 U.S. 290
  17. ↑ Hickman, Kristin E.; Pierce, Richard J. (2015). Administrative Law Treatise: 2016 cumulative supplement. Wolters Kluwer. ISBN   978-1-4548-5656-6.
  18. ↑ "Kristin E. Hickman, Author at Yale Journal on Regulation". Yale Journal on Regulation.
  19. ↑ "Kristin Hickman". Jotwell.
  20. ↑ "Thursday round-up". SCOTUSblog. 2012-04-26.
  21. ↑ "Wednesday round-up". SCOTUSblog. 2020-03-04.
  22. ↑ "Kristin E. Hickman". Administrative Conference of the United States.
  23. ↑ "Leadership". American Bar Association.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.