The Yale Law Journal

David Freeman Engstrom

Article

Disparate Limbo: How Administrative Law Erased Antidiscrimination

Cristina Isabel Ceballos, David Freeman Engstrom & Daniel E. Ho

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…

Article

Agencies as Litigation Gatekeepers

David Freeman Engstrom

A central challenge in the modern regulatory state is rationalizing and coordinating multiple, overlapping, and interdependent public and private enforcement mechanisms. To that end, recent years have seen mounting calls to vest administrative agencies with litigation …