Document Type

Article

Publication Date

2020

Abstract

America’s summer of racial reckoning has led to increased attention on proposals to provide reparations to Black Americans.

Reparations discussions typically concern securing compensation for slavery. The racial harm caused by the administrative state is generally less of a focus, even though racial exclusions and discrimination in 20th-century administrative programs helped shape contemporary disparities in housing, wealth, and opportunity that endure today. A provision of federal housing law provides a window into the roots of racial harm enacted through administrative state programs, as well as the limits of administrative law as a tool for repairing this harm.

Disciplines

Civil Rights and Discrimination | Housing Law | Law

Comments

This article was originally published in the Regulatory Review.

Center/Program

Center for Constitutional Governance

COinS