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Civil Rights and Discrimination Commons™
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Articles 1 - 5 of 5
Full-Text Articles in Civil Rights and Discrimination
The Equity E.O.: Building A Regulatory Infrastructure Of Inclusion, Olatunde C.A. Johnson
The Equity E.O.: Building A Regulatory Infrastructure Of Inclusion, Olatunde C.A. Johnson
Faculty Scholarship
Among his first acts, President Biden signed Executive Order 13,985 to advance “Racial Equity and Support for Underserved Communities Through the Federal Government.” Alongside an order directing regulatory review to include “social welfare, racial justice, environmental stewardship, human dignity, equity, and the interests of future generations” and an ambitious infrastructure plan, this Equity E.O. signals a new engagement of the administrative state in proactively promoting racial equity and other dimensions of inclusion. The outlines of the infrastructure initiative are still emerging, but what appears key is its conceptualization of infrastructure as extending beyond roads and buildings to the social and …
Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson
Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson
Faculty Scholarship
What does gentrification mean for fair housing? This article considers the possibility that gentrification should be celebrated as a form of integration alongside a darker narrative that sees gentrification as necessarily unstable and leading to inequality or displacement of lower-income, predominantly of color, residents. Given evidence of both possibilities, this article considers how the Fair Housing Act might be deployed to minimize gentrification’s harms while harnessing some of the benefits that might attend integration and movement of higher-income residents to cities. Ultimately, the article urges building on the fair housing approach but employing a broader set of tools to advance …
Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson
Overreach And Innovation In Equality Regulation, Olatunde C.A. Johnson
Faculty Scholarship
At a time of heightened concern about agency overreach, this Article highlights a less appreciated development in agency equality regulation. Moving beyond traditional bureaucratic forms of regulation, civil rights agencies in recent years have experimented with new forms of regulation to advance inclusion. This new "inclusive regulation" can be described as more open ended, less coercive, and more reliant on rewards, collaboration, flexibility, and interactive assessment than traditional modes of civil rights regulation. This Article examines the power and limits of this new inclusive regulation and suggests a framework for increasing the efficacy of these new modes of regulation.
The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon
The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon
Faculty Scholarship
Many contemporary civil rights claims arise from institutional activity that, while troubling, is neither malicious nor egregiously reckless. When law-makers find themselves unable to produce substantive rules for such activity, they often turn to regulating the actors’ exercise of discretion. The consequence is an emerging duty of responsible administration that requires managers to actively assess the effects of their conduct on civil rights values and to make reasonable efforts to mitigate harm to protected groups. This doctrinal evolution partially but imperfectly converges with an increasing emphasis in public administration on the need to reassess routines in the light of changing …
Beyond The Private Attorney General: Equality Directives In American Law, Olatunde C.A. Johnson
Beyond The Private Attorney General: Equality Directives In American Law, Olatunde C.A. Johnson
Faculty Scholarship
American civil rights regulation is generally understood as relying on private enforcement in courts rather than imposing positive duties on state actors to further equity goals. This Article argues that this dominant conception of American civil rights regulation is incomplete. American civil rights regulation also contains a set of "equality directives," whose emergence and reach in recent years have gone unrecognized in the commentary. These federal-level equality directives use administrative tools of conditioned spending, policymaking, and oversight powerfully to promote substantive inclusion with regard to race, ethnicity, language, and disability. These directives move beyond the constraints of the standard private …