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.
Ho, Daniel E., "Race and Regulation Podcast Episode 10 - Administrative Law's Racial Blind Spot" (2022). Penn Program on Regulation Podcasts. 2.
Administrative Law Commons, Civil Rights and Discrimination Commons, Law and Race Commons
Hosted by Cary Coglianese, Director of the Penn Program on Regulation.
Produced by Patty McMahon
Music by Joy Ike