Prof. Hickman Cited By Justice Gorsuch

Professor Kristin Hickman's article with Matthew Krueger '06, In Search of the Modern Skidmore Standard, 107 Colum. L. Rev. 1235 (2007), was cited by United States Supreme Court Justice Gorsuch, joined by Chief Justice Roberts and Justice Alito, in a statement respecting the denial of certiorari in E. I. du Pont de Nemours & Co. v. Bobbi-Jo Smiley, No. 16-1189, decided June 28, 2018.  In the statement, Justice Gorsuch noted and suggested the Court ought to resolve a circuit split, discussed by Hickman and Krueger in their article, regarding whether an agency can demand judicial deference for an interpretation of a statute advanced for the first time in litigation.