"Robo-Bureaucrat and the Administrative Separation of Powers" by Matthew Seipel
 

Cardozo Law Review de•novo

Volume

2020

First Page

99

Last Page

111

Publication Date

2020

Document Type

Essay

Abstract

This Essay argues that the administrative state's use of artificial intelligence (AI) creates concentrated, unchecked power at the agency leadership level. The Essay draws from Professor Jon Michaels' theory of the administrative separation of powers, and it describes how AI in government disrupts this separation. To alleviate this concern, the Essay puts forward one modest proposal: Congress should amend federal public sector labor law to require collective bargaining over an agency’s decision to use AI.

Keywords

Administrative Law, Civil Rights, First Amendment, Government Contracts, Information Privacy, Science and Technology Law

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