Daniel E. Ho
Congressional Intervention in Agency Adjudication: The Case of Veterans’ Appeals
Prevailing constitutional interpretation sees Congress’s role as legislative, but members of Congress frequently exert nonlegislative influence on agencies by intervening directly on individual claimants’ behalf. This Feature provides an empirical portrait of congressional intervention in veterans’ appeals through internal administrative data and discusses its implications for constitutional and administrative law.
Disparate Limbo: How Administrative Law Erased Antidiscrimination
Does administrative law have a racial blind spot? Ceballos, Engstrom, and Ho examine “disparate limbo”: how claims that agencies caused racial disparities have come to evade review under both antidiscrimination and administrative law, and how ignoring race may have helped build modern administrative law’s empire.
Fudging the Nudge: Information Disclosure and Restaurant Grading
122 Yale L.J. 574 (2012). One of the most promising regulatory currents consists of “targeted” disclosure: mandating simplified information disclosure at the time of decisionmaking to “nudge” parties along. Its poster child is restaurant sanitation grading. In principle, a simple posted letter grade (‘A,’ ‘B,’ or ‘C’) empowers consumers and properly incentivizes restaurateurs to reduce risks for foodborne illness. Yet...
Affirmative Action's Affirmative Actions: A Reply to Sander
114 Yale L.J. 2011 (2005) I am grateful to Professor Sander for his interest in my work and his willingness to pursue a valid answer to the critical question of the effects of law school tier on bar performance. Sander's readiness to respond to my Comment demonstrates the importance of the questions at hand and his openness to progress on...
Why Affirmative Action Does Not Cause Black Students To Fail the Bar
114 Yale L.J. 1997 (2005) In a widely discussed empirical study, Richard Sander concludes that affirmative action at U.S. law schools causes blacks to fail the bar. If correct, this conclusion would turn the jurisprudence, policy, and law of affirmative action on its head. But the article misapplies basic principles of causal inference, which enjoy virtually universal acceptance in the...