Cade Mallett (New York University (NYU), School of Law) has posted Judicial Review of Administrative Action Based on AI on SSRN. Here is the abstract:
When reviewing agency action for arbitrariness, courts must initially determine how “hard” a look to take at the substance of agency action. The increasing use of AI as a basis for agency action threatens to complicate this threshold analysis significantly, as agencies and courts both are commonly lacking in significant expertise creating and reviewing AI. While it is common for lower courts to rotely determine they are entitled to “hard look” review of agency action, the Court’s precedent in this area is decidedly more deferential, requiring a case-by-case assessment of the extent to which an agency leverages its substantive expertise in taking the action. Leveraging both the Court’s expertise-based analysis and a review of the policy considerations underlying the decision to grant deference, this paper contributes a framework for courts to use in choosing the level of deference to grant agency action based on AI.
An interesting student paper.
