Notice & Comment

Symposia

Notice & Comment

Regulatory (In)Justice: Racism and CBA Review, by Melissa J. Luttrell and Jorge Roman-Romero

Introduction The thesis of our symposium contribution, which builds on our prior scholarship critiquing the methodologies used in centralized regulatory review, is that agency reliance on fully quantitative cost-benefit analysis (CBA) to set regulatory limits on risk tends to generate racially biased outcomes in many areas of risk regulation. This worrisome pattern is present in—but […]

Notice & Comment

Seeing Race in Administrative Law: An Interdisciplinary Perspective, by Joy Milligan and Karen Tani

The administrative state has often been an engine of racial inequality. It is true that federal agencies have played key roles in implementing civil rights legislation and have sometimes attempted to dismantle entrenched racial disparities. But long before the enactment of modern civil rights laws—and extending long afterward—administrative agencies have helped mark people as racially […]

Notice & Comment

Race (and Other Vulnerabilities) in Healthcare and Administrative Law, by Renée M. Landers

In his comprehensive work, A History of American Law, Lawrence M. Friedman identifies the roots of the modern welfare system in the poor laws of the colonies.[1] Descended from laws of Elizabethan England with the same label, colonial law established a system of “discriminating against the unfortunate stranger.”[2] New England towns would “warn out” new arrivals to disclaim […]

Notice & Comment

The Challenge of Administrative Legitimation in the Racist State, by Kali Murray

I once attended a conference in Canada that started with a Land Acknowledgement. A Land Acknowledgement is an official recognition that the land where we all stood was once occupied by an indigenous community. In many respects, this Symposium is undergoing a similar act of acknowledgment as it seeks to recognize how social identities, such […]

Notice & Comment

DACA Through the Critical Systems Thinking (CST) Lens: Unpacking Racialization in Administrative Law, by Raquel Muñiz

In June 2020, the Supreme Court ruled on the Deferred Action for Childhood Arrivals (DACA) case, finding that the Trump administration was arbitrary and capricious in its rescission of the policy in violation of a core administrative law principle. According to the Court, the administration failed to consider the reliance interests of DACA recipients in its […]

Notice & Comment

Lessons on Race and Place-Based Participation from Environmental Justice and Geography, by Sonya Ziaja

In America, to be agnostic about place is likely being agnostic about race. As scholars grapple with racism in Administrative Law, it is important to consider place-based scholarship from the perspectives of Environmental Justice (EJ) and Geography. Both provide important insights into how administrative agencies can be instruments of strategic-structural racism and how administrative law can facilitate […]

Notice & Comment

Race and Administrative Law, by Bernard Bell

Most of administrative law scholarship, and certainly the most widely cited and acclaimed scholarly contributions to the field, appear to be color-blind.[1]  Most leading administrative law decisions seem to be so as well. Should we as scholars and thinkers in the field stand chastened by such a state of affairs?  What role should race assume in administrative […]

Notice & Comment

Racism and Informal Agency Adjudicatory Decisions, or, Is Racism Arbitrary and Capricious? By Steph Tai

Introduction In 2011, researchers found significant disparities in the National Institutes of Health (NIH) funding of minority researchers.  In particular, their study determined that—even after controlling for education, country of origin, training, previous research awards, publication records, and employers—“[B]lack applicants remain 10 percentage points less likely than whites to be awarded NIH research funding.”  This study spurred the […]

Notice & Comment

Hire American: Race-Based Exclusion in Employment-Based Immigration, by Stella Burch Elias & Kit Johnson

Immigration fuels the engine of corporate America. Fortune 500 corporations routinely recruit talented managers from their offices around the world to work in the United States. Smaller businesses operating in regional markets also rely on immigrant employees, who are willing to fill jobs when the domestic labor market cannot meet demand. Between 25 and 30 percent […]