W. Michael (Mick) Gillette, Oregon Supreme Court (retired)
This year and last have been landmark years in administrative law. Deference, delegation doctrine, appointments clause challenges, no less than seven cases from SCOTUS and federal district courts that affect agency adjudication, major questions doctrine, Perez v. Sturgis Public Schools, Santos-Zacaria v. Garland—there are so many recent opinions that have instituted changes to the way we look at the issues before us. Matters as basic to administrative law as standing and the exhaustion of administrative remedies have been reviewed by the courts and found lacking. How do you tell the difference between a guidance document and a legislative rule and why does it matter? This session will review and examine many of these newly minted doctrines, theories, recommendations, and directives from recent opinions.