Administrative Law's Fourth Settlement: AI and the Capability-Accountability Trap
A new legal framework proposes using AI to make government agencies transparent again.
Deep Dive
A new legal paper argues that since 1887, government agencies have been trapped: new tech makes them more capable but less accountable. The Supreme Court's recent moves to shrink government sacrifice needed capability. The author proposes AI as a unique solution to build "scrutability," translating complexity for oversight. The paper outlines three doctrinal innovations, including a "Model and System Dossier" and a "deference to audit" standard, to create a "Fourth Settlement" in administrative law.
Why It Matters
This framework could reshape how AI is governed and, more importantly, how AI governs us, balancing capability with democratic control.