Regulation

Online
Essay
Automation Rights: How to Rationally Design Humans-Out-of-the-Loop Law
Orly Lobel
Orly Lobel is the Warren Distinguished Professor of Law and Director of the Center for Employment and Labor Policy (CELP) at the University of San Diego.

She graduated from Tel-Aviv University and Harvard Law School. Named as one of the most cited legal scholars in the United States, and specifically the most cited scholar in employment law and one of the most cited in law and technology, she is influential in her field. Professor Lobel has served on President Obama’s policy team on innovation and labor market competition, has advised the Federal Trade Commission (FTC), and has published multiple books to critical acclaim. Her latest book, The Equality Machine, is an Economist Best Book of the Year.  

This Essay argues for the development of more robust—and balanced—law that focuses not only on the risks, but also the potential, that AI brings. In turn, it argues that there is a need to develop a framework for laws and policies that incentivize and, at times, mandate transitions to AI-based automation. Automation rights—the right to demand and the duty to deploy AI-based technology when it outperforms human-based action—should become part of the legal landscape. A rational analysis of the costs and benefits of AI deployment would suggest that certain high-stakes circumstances compel automation because of the high costs and risks of not adopting the best available technologies. Inevitably, the rapid advancements in machine learning will mean that law soon must embrace AI; accelerate deployment; and, under certain circumstances, prohibit human intervention as a matter of fairness, welfare, and justice.

Best Practices Law and Economics Machine Learning Oversight Regulation
2
Article
76.4
Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008
Eric A. Posner
Kirkland & Ellis Professor of Law, The University of Chicago Law School
Adrian Vermeule
John H. Watson Professor of Law, Harvard Law School

Thanks to Kevin Davis, Paul Kelly, Geoffrey Miller, Cass Sunstein, students in a Harvard Law School reading group on the Theory of the Administrative State, and audiences at the London School of Economics, NYU Law School and Tel Aviv Law School for helpful comments, and to Elisabeth Theodore for excellent research assistance.

Administrative Law Financial Regulation Regulation
2
Article
76.4
The Nanny Corporation
M. Todd Henderson
Assistant Professor of Law, The University of Chicago Law School

Thanks to Kelli Alces, Douglas Baird, William Birdthistle, Rosalind Dixon, Bernard Harcourt, Lee Fennell, William Landes, Anup Malani, Jonathan Masur, Richard McAdams, Martha Nussbaum, Randy Picker, Eric Posner, David Strauss, Vova Shklovsky, David Weisbach, and David Yosifon for helpful suggestions. Rebecca Fike, Nicholas Lawhead, and Ruben Rodrigues provided excellent research assistance.

Business Organizations Corporate Governance Law and Economics Regulation
2
Essay
77.1
Rethinking the Theory and Practice of Local Economic Development
Richard C. Schragger
Professor of Law, Class of 1948 Professor in Scholarly Research in Law, University of Virginia School of Law

Many thanks to Risa Goluboff for extensive comments on this draft and to the organizers of (and participants in) the Symposium, Reassessing the State and Local Government Toolkit at The University of Chicago Law School.

Cities Regulation
2
Book review
79.1
The Past, Present, and Future of Equal Educational Opportunity: A Call for a New Theory of Education Federalism
Kimberly Jenkins Robinson
Professor of Law, University of Richmond School of Law

I am thankful for the thoughtful comments of Henry L. Chambers Jr, John Douglass, James Gibson, Corinna Lain, and Wendy Perdue. I am grateful for the thorough and excellent research assistance of Franklin McFadden and Rachel Logan. Many thanks for the careful work of the editors of the University of Chicago Law Review.

Education Institutional Design Regulation
2
Article
79.2
Suing Courts
Frederic Bloom
Professor of Law, Brooklyn Law School
Christopher Serkin
Professor of Law, Brooklyn Law School

We thank Rebecca Aviel, Ben Barros, Ursula Bentele, Peter Byrne, Michael Cahill, Ed Cheng, John Echeverria, George Fisher, Susan Herman, Brian Lee, Amnon Lehavi, Gregg Macey, Jonathan Masur, Jon Michaels, Eduardo Peñalver, Jim Pfander, Shelley Saxer, Nelson Tebbe, Jay Tidmarsh, Alan Trammell, and the faculty workshop participants at Vanderbilt Law School for helpful comments and conversations. We thank Liz Austin, Andrew Kenny, Tammy Wang, and the staff of the University of Chicago Law Review for truly fantastic editorial guidance. And we thank the Brooklyn Law School Dean’s Summer Research Stipend Program for its financial support.

Courts Judicial Decision-Making Regulation

Volumes