Professor Cary Coglianese, the Edward B. Shils Professor of Law and a Professor of Political Science at the University of Pennsylvania, is raising critical questions about the role of artificial intelligence (AI) in the decision-making processes of federal agencies. In a recent essay published in the Yale Journal on Regulation’s online publication, “Notice & Comment,” Coglianese explores how AI is beginning to reshape core aspects of administrative governance.
In his essay titled “AI, Taxi Drivers, and Administrative Law,” which is part of a broader symposium on AI and the Administrative Procedure Act (APA), Coglianese warns that although AI tools can generate seemingly clear and confident policy recommendations, they should not replace the reasoned judgment that federal agency officials are required to exercise. He draws a compelling analogy to an overconfident taxi driver who, while knowledgeable, offers opinions with undue certitude on a range of topics.
Coglianese underscores the importance of the APA as a safeguard against potential overreliance on AI in making significant regulatory decisions. He acknowledges the utility of AI tools in supporting decision-making and performing various administrative tasks, yet he stresses the danger in attributing too much weight to the outputs of large language models when it comes to addressing pivotal policy questions. “Officials should not read more into the results of general-purpose AI tools than they can truly bear,” he cautions.
Highlighting the inherent limitations of AI, Coglianese concludes that “administrative decisions under the APA must be grounded in more than just the digital equivalent of opinions expressed by even the most well-read taxi drivers.” His essay serves as a reminder of the critical balance that must be struck between leveraging AI capabilities and maintaining the essential human oversight that underpins effective governance.
An edited version of Coglianese’s essay was later published under the title “Administrative Law and AI’s Overconfidence” in The Regulatory Review, which is the daily online publication of the Penn Program on Regulation. The discussions surrounding AI and its implications for administrative law are increasingly relevant as the technology continues to evolve and integrate into various sectors of governance.
As stakeholders in the regulatory landscape grapple with the implications of AI, the insights provided by Coglianese invite deeper reflection on the necessity for rigorous oversight. The dialogue around the responsible integration of AI tools into government decision-making processes is only beginning, and it remains paramount that the human element is preserved in the face of advancing technologies.
Read the full essay at the Yale Journal on Regulation to explore Coglianese’s extensive analysis on this timely and significant issue.
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