Democratic vs. algorithmic decision-making

June 26, 2020

On June 25, 2020, Edward B. Shils Professor of Law and Professor of Political Science; Director, Penn Program on Regulation, Cary Coglianese participated in an episode of the American Enterprise Institute’s podcast to discuss whether citizens should be governed by democratic or algorithmic decision-making. The episode is inspired by a recent report from Oxford University, “Citizenship in a Networked Age.”

Listen here.

Over the past few years, the discussion of artificial intelligence as an institutional decision-making tool by governments has become more mainstream. One of the many topics Professor Coglianese has addressed in his research is the role of technology in the regulatory process.

Recent coverage of his work in this area includes:

Professor Coglianese’s recent scholarship explores use of AI technology in courts and administrative agencies

Prof. Coglianese comments on how the government could use AI technology: Bloomberg

At ACUS Plenary Session, Prof. Coglianese discusses legal issues surrounding use of AI in federal administrative process

Prof. Coglianese discusses use of AI in government systems that provide social services and financial support: Freedom to Tinker

In addition, some of his related research papers include:

AI in Adjudication and Administration,” Brooklyn Law Review (forthcoming) (with Lavi Ben-Dor)

Transparency and Algorithmic Governance,” Administrative Law Review 71:1-56 (2019) (with David Lehr)

Deploying Machine Learning for a Sustainable Future,” in Daniel Esty, ed., A Better Planet: Forty Big Ideas for a Sustainable Future 200-208 (Yale University Press, 2019)

Optimizing Regulation for an Optimizing Economy,” University of Pennsylvania Journal of Law and Public Affairs 4:1-13 (2018)

Regulating by Robot: Administrative Decision-Making in the Machine Learning Era,” Georgetown Law Journal 105:1147-1223 (2017) (with David Lehr)

Enhancing Public Access to Online Rulemaking Information,” Michigan Journal of Environ-mental and Administrative Law 2:1-66 (2012)

Weak Democracy, Strong Information: The Role of Information Technology in the Rulemaking Process,” in Viktor Mayer-Schoenberger and David Lazer, eds., From Electronic Government to Information Government: Governing in the 21st Century (MIT Press, 2007)

The Internet and Citizen Participation in Rulemaking,” I/S: Journal of Law and Policy for the Information Society 1: 33-57 (2005)

E-Rulemaking: Information Technology and the Regulatory Process,” Administrative Law Review 56:353-402 (2004)