Delegation

Online
Essay
The Law of AI is the Law of Risky Agents Without Intentions
Ian Ayres
Oscar M. Ruebhausen Professor, Yale Law School.
Jack M. Balkin
Knight Professor of Constitutional Law and the First Amendment, Yale Law School.

 Harran Deu provided helpful research assistance.

A recurrent problem in adapting law to artificial intelligence (AI) programs is how the law should regulate the use of entities that lack intentions. Many areas of the law, including freedom of speech, copyright, and criminal law, make liability turn on whether the actor who causes harm (or creates a risk of harm) has a certain intention or mens rea. But AI agents—at least the ones we currently have—do not have intentions in the way that humans do. If liability turns on intention, that might immunize the use of AI programs from liability. We think that the best solution is to employ objective standards that are familiar in many different parts of the law. These legal standards either ascribe intention to actors or hold them to objective standards of conduct.

Best Practices Delegation Machine Learning Oversight Risk Technology Technology Regulation
2
Article
77.2
Privatization’s Pretensions
Jon D. Michaels
Acting Professor of Law, UCLA School of Law

For helpful comments, thanks are owed to Michael Asimow, Frederic Bloom, Ann Carlson, Joshua Civin, Sharon Dolovich, Jerry Kang, Sung Hui Kim, Allison Orr Larson, Toni Michaels, Hiroshi Motomura, Susan Rose-Ackerman, Steven Schooner, Seana Shiffrin, Kirk Stark, David Super, Eugene Volokh, Stephen Yeazell, and Noah Zatz. Tal Grietzer, Joshua Mandlebaum, Laura Podolsky, Ira Steinberg, Cathy Yu, and the staff of the UCLA Law Library provided invaluable assistance. I am grateful also to the participants at the 2009 Southern California Junior Faculty Workshop at Pepperdine Law School, the 2010 Berkeley-UCLA Junior Faculty Exchange, the Chapman University School of Law Colloquium, as well as to the editors of The University of Chicago Law Review. This Article is dedicated to Anneliese Beth, who was born during the drafting of this project.

Administrative Law Delegation Law and Economics
2
Article
79.4
Delegation in Immigration Law
Adam B. Cox
Professor of Law, New York University School of Law
Eric A. Posner
Kirkland and Ellis Professor of Law, The University of Chicago Law School

Thanks to Emily Berman, Ryan Bubb, Stephen Lee, Nancy Morawetz, Moran Sedah, Peter Schuck, Fred Vars, and workshop participants at The University of Chicago Law School, New York University School of Law, and The University of Alabama School of Law for helpful comments. Thanks also to Kuntal Cholera and David Woolston for research assistance.

Delegation Immigration Law and Economics

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