611.50 Readings: The Administrative State In Crisis

Administrative law is at a pivotal juncture.  The pandemic has undermined trust in government agencies.  Recent presidential administrations have had wildly different approaches to regulation, eroding the possibility of any ambitious, long-term agency action. And the escalating politicization of the judicial appointments process has led to court decisions that severely undermine the functioning of the administrative state.

This one-credit reading course will focus on recent debates about the role of the administrative state in our legal system and whether it upholds rule of law and democratic values.  Example topics include: independent agencies, appointments clause challenges, major questions doctrine, and agency funding.  Reading materials will include book excerpts, cases, and legal scholarship. Students will be evaluated on the basis of short reflection papers.  No prior coursework is required.  Class will meet for six two-hour sessions.

Special Notes:


Spring 2023

Course Number Course Credits Evaluation Method Instructor
Course Credits
Reflective Writing
Class participation
Lidiya Mishchenko
Sakai site: https://sakai.duke.edu/portal/site/LAW-611-50-Sp23
Email list: LAW-611-50-Sp23@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Requirements - Public Interest
Course Areas of Practice
Course Areas of Practice