Title

Race and Regulation Podcast Episode 10 - Administrative Law's Racial Blind Spot

Authors

Daniel E. Ho, Stanford Law School

Document Type

Article

Publication Date

8-31-2022

Abstract

Administrative law has a racial blind spot, argues Daniel E. Ho of Stanford Law School. Judges have long set aside agency actions when government officials have failed to consider the differential impacts of their policy decisions on subgroups of business owners, park visitors, and even animals—but not when they have failed to consider differential impacts based on race or ethnicity. In this episode, Professor Ho traces how civil rights and administrative law have diverged over the past fifty years, as U.S. court decisions have removed issues of racial discrimination from administrative law’s purview. He concludes by discussing reforms that could better address racial inequities in the administrative state.

Comments

Hosted by Cary Coglianese, Director of the Penn Program on Regulation.

Produced by Patty McMahon

Music by Joy Ike

Recommended Citation

Ho, Daniel E., "Race and Regulation Podcast Episode 10 - Administrative Law's Racial Blind Spot" (2022). Penn Program on Regulation Podcasts. 2.
https://scholarship.law.upenn.edu/ppr-podcasts/2