New Article: Daniel A. Farber, Inequality and Regulation: Designing Rules to Address Race, Poverty, and Environmental Justice, American Journal of Law and Equality (2023) 3: 2–52. Abstract below:
Inequality is a burning issue in our society but plays only a limited role in the design of regulations. This article defends two features of the existing system that do promote equality: the controversial practice of using uniform valuations of life and health, regardless of income, and the use of disparate-impact analysis in rulemaking. Rather than relying on arguments for using regulation as a possible form of income redistribution or remedy for existing racial disparities, it argues that justice requires devoting equal resources to prevent equal harms. The reality is that low-income communities and communities of color often suffer the greatest harms (and not just by chance). By using much more granular approaches to determining who is exposed to risks and their vulnerability to harm, agencies could do far more to implement this principle, identify the needs of disadvantaged communities, and effectively address them.
Poverty Law 