David Freeman Engstrom

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.

Agencies as Litigation Gatekeepers