Artificial Intelligence

Federal agencies are increasingly considering the role that artificial intelligence (AI)—including machine learning, data analytics, and related technologies—can play in enforcement, adjudication, and other administrative activities. ACUS works with scholars on the forefront of AI research to explore current and potential uses of AI in the administrative process. This research will help agencies take advantage of these new tools in ways consistent with due process and other legal norms.

This page provides access to many of the publications, projects, and other materials related to AI that have been prepared by ACUS or for its consideration. It will be updated as new materials become available.

Please contact Kazia Nowacki (knowacki@acus.gov) for more information or to provide additions, updates, or corrections.

Assembly Recommendations and Statements

• Recommendation 2023-3, Using Algorithmic Tools in Retrospective Review of Agency Rules

• Recommendation 2022-3, Automated Legal Guidance at Federal Agencies

• Recommendation 2021-10, Quality Assurance Systems in Agency Adjudication

• Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments

• Recommendation 2018-3, Electronic Case Management in Federal Administrative Adjudication

• Statement #20, Agency Use of Artificial Intelligence

Publications

• Catherine M. Sharkey, Algorithmic Retrospective Review of Agency Rules (May 2023)

• Joshua D. Blank & Leigh Osofsky, Automated Legal Guidance at Federal Agencies (May 2022)

• Daniel E. Ho, David Marcus & Gerald K. Ray, Quality Assurance Systems in Agency Adjudication: Emerging Practices and Insights (Dec. 2021)

• Steve Balla, Reeve Bull, Bridget Dooling, Emily Hammond, Michael Herz, Michael Livermore & Beth Simone Noveck, Mass, Computer-Generated, and Fraudulent Comments (June 2021) 

• David Freeman Engstrom, Daniel E. Ho, Catherine M. Sharkey & Mariano-Florentino Cuéllar, Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies (Feb. 2020)

• Cary Coglianese, A Framework for Governmental Use of Machine Learning (Dec. 2020)

Roundtables and Working Groups

• Roundtable on Artificial Intelligence in Federal Agencies

Information Interchange Bulletins

• IIB-030, Agency Use of Artificial Intelligence (July 2023)

Forums and Events

• Symposium on Artificial Intelligence in Federal Agencies (June-July 2020)

• Mass and Fake Comments in Agency Rulemaking (Oct. 2018)

News Releases and Blog Posts

• ACUS Announces Two New Roundtables on Artificial Intelligence and Alternative Dispute Resolution (June 9, 2021)

• Mark Thomson & John Cooney, Using Artificial Intelligence in Administrative Agencies (May 26, 2021) (originally published on The Regulatory Review)

• ACUS to Co-Host Symposium on Artificial Intelligence in Federal Agencies (June 19, 2020)

• ACUS, Stanford Law School, and NYU School of Law Announce Report on Artificial Intelligence in Federal Agencies (Feb. 18, 2020)

• ACUS Consultants to Participate in ABA Panels on AI in Enforcement and Adjudication (Nov. 8, 2019)

• Scholars Deliver Presentation on AI at 71st Plenary (June 18, 2019)

• Presentations on Artificial Intelligence at Upcoming 71st Plenary Session (June 11, 2019)

• ACUS 71st Plenary Session Will Take Place June 13 (May 28, 2019)

• ACUS Announces New Initiatives on the Use of Artificial Intelligence in the Federal Administrative Process (Nov. 28, 2018)

• Overview of the Application of Machine-Learning in Administrative Law (July 18, 2018)