The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.

Today Ratko Mladić, the former Bosnian Serb General, was convicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) for genocide, crimes against humanity and war crimes, and was...

As agencies craft best practices for LLM use, the Learned Societies decision should serve as a handbook of what not to do, writes Jordan Ascher.

This post is the eleventh contribution to Notice & Comment’s symposium on AI and the APA. For other posts in the series, click here. The questions animating this symposium—how administrative law shoul...

[T]o the extent that § 553 attempts to create a process that can improve the substance of regulations, it does so with specifically human intelligence in mind.  If agencies over-rely on AI to carry ou...

Federal agencies are rapidly expanding their use of artificial intelligence (AI) in government procurement. Much of the public discussion has centered on relatively narrow applications, such as tools ...

As these federal efforts get underway, agencies in D.C. can draw on the successes of their counterparts in Richmond. Though federal regulations and state regulations differ in certain important respec...

Can chain-of-thought prompt engineering solve the black box problem?

[T]here’s a better way to develop administrative common law for these changing times: Rather than accept that this law is something that courts make through an exercise of judicial creativity and poli...

We posit that courts should review agencies’ use of AI in the regulatory process with greater scrutiny when agencies use it in implementing broad statutory mandates, substantively drafting or producin...

Nothing in the APA prohibits agencies from using computational tools to gather, synthesize, or even recommend policy choices—and agencies already often rely on modeling tools to inform regulatory stan...

If the prospect of agencies setting machines loose to generate and justify regulatory proposals once seemed far-fetched, it no longer does.

Agencies will not be able to rely solely on today’s most ubiquitous forms of AI—namely, those based on ChatGPT and similar large language models—to avoid their obligation under the APA’s arbitrary and...

A ProPublica report on plans to use AI to write regulations at the US Department of Transportation should be a warning signal, writes Jordan Ascher.

A ProPublica report on plans to use AI to write regulations at the US Department of Transportation should be a warning signal, writes Jordan Ascher.