The Office of the Chairman of the Administrative Conference is exploring the growing role that artificial intelligence (AI), such as machine learning and related techniques, is playing in federal agency adjudication, rulemaking, and other regulatory activities.
A major component of this initiative will consist of a report that a team of researchers at Stanford University Law School and New York University (NYU) School of Law will deliver to the Office of the Chairman. This study will consist of multiple parts. The first part will map how federal agencies are currently using AI to make and support decisions. A second, related part will extend this map by using a sophisticated grasp of AI techniques to highlight promising potential uses of AI in federal agencies. The final part will address how these uses of AI implicate core administrative law doctrines, such as the nondelegation doctrine, arbitrary-and-capricious review, due process, and rules governing reliance on subordinates for decisions. Professor David Freeman Engstrom of Stanford Law School, Professor Dan Ho of Stanford Law School, Justice Mariano-Florentino Cuéllar of the Supreme Court of California and Stanford Law School, and Professor Catherine Sharkey of NYU School of Law will serve as principal advisors on this work. Paul Verkuil of the National Academy of Public Administration will advise on portions of this work.
In addition to the aforementioned report, the Office of the Chairman of the Administrative Conference will work with Professor Cary Coglianese, who has written several articles related to governmental uses of AI in leading law journals, and the University of Pennsylvania Program on Regulation and other experts to conduct additional research related to governmental uses of AI. This research may result in one or more additional reports to the Office of the Chairman.
The Office of the Chairman will share with agencies the insights that emerge from this initiative.