Bridget Dooling

Courts have ruled 4,400 times that ICE jailed people illegally. It hasn’t stopped. The decisions amount to a huge legal rebuke, but the administration has continued jailing people indefinitely.

Courts have ruled 4,400 times that ICE jailed people illegally. It hasn’t stopped.
www.reuters.com/legal/govern...

Many people are saying!!

(Like me! I am saying.)

Ghostwriting the Government (forthcoming): papers.ssrn.com/sol3/papers....

Ticking the Boxes: AI and the Notice-and-Comment Process, by Tara Aida - Yale Journal on Regulation [T]o the extent that § 553 attempts to create a process that can improve the substance of regulations, it does so with specifically human intelligence in mind.  If agencies over-rely on AI to carry ou...

Tara Aida notes that APA § 553 has a background assumption that human intelligence runs administrative processes. "If agencies over-rely on AI to carry out these procedural tasks, they threaten to undermine § 553’s goal of improving the quality of final rules."

www.yalejreg.com/nc/ticking-t...

Abdicated Judgment: AI Tools and the Future of Reasoned Decision-Making in Federal Procurement, by Jessica Tillipman - Yale Journal on Regulation Federal agencies are rapidly expanding their use of artificial intelligence (AI) in government procurement. Much of the public discussion has centered on relatively narrow applications, such as tools ...

@jtillipman.bsky.social: "complex challenges arise when [AI tools] extend into discretionary functions, including core evaluative tasks, that federal procurement doctrine presumes a human decision-maker will perform."

www.yalejreg.com/nc/abdicated...

AI-Empowered Regulatory Reform: Spreading the Virginia Model, by Reeve T. Bull - Yale Journal on Regulation As these federal efforts get underway, agencies in D.C. can draw on the successes of their counterparts in Richmond. Though federal regulations and state regulations differ in certain important respec...

Reeve Bull gets us up to speed on how Virginia has been using AI tools to engage in regulatory reform. Click here for an insider's view.

www.yalejreg.com/nc/ai-empowe...

Iterative Reasoning, Arbitrary Results: Chain-of-Thought Prompt Engineering for APA Compliance, by Elliot E.C. Ping - Yale Journal on Regulation Can chain-of-thought prompt engineering solve the black box problem?

Elliot E.C. Ping works through whether chain-of-thought prompt engineering can solve the black box problem.

www.yalejreg.com/nc/iterative...

Based on my initial skin, the endangerment finding repeal faces many of the challenges I identified in this column:
www.civitasinstitute.org/research/the...
EPA's strategy is aggressive and legally risky.

There’s a lot going on here, but the idea that the court appointment was an “extraordinary end-run on the Trump administration” is giving me a furrowed brow.

Dentist: Have you been flossing?

Me: *deflects by consulting my burn book of dentist insults* Big talk from a guy who looks at tongues all day

When you haven’t seen your bestie in HOURS!

Agencies, Not Courts, Should Develop Administrative Common Law for AI, by Adam Crews - Yale Journal on Regulation [T]here’s a better way to develop administrative common law for these changing times: Rather than accept that this law is something that courts make through an exercise of judicial creativity and poli...

@adamgcrews.bsky.social argues that courts can adapt to agency use of AI by looking to agency practice, rather than through judicial creativity and policy balancing.

www.yalejreg.com/nc/agencies-...

Determining the Reasonableness of Regulating with AI, by Gilbert Orbea & Emily Froude - Yale Journal on Regulation We posit that courts should review agencies’ use of AI in the regulatory process with greater scrutiny when agencies use it in implementing broad statutory mandates, substantively drafting or producin...

Gilbert Orbea and Emily Froude of @democracyforward.org lay out three preliminary factors to guide courts when reviewing the use of AI in the regulatory process.

www.yalejreg.com/nc/determini...

My article, "The Unitary Executive and Politics," is officially published in the Ohio Northern University Law Review. I thank the editors at ONU for their assistance and hard work!

Read it and cite it!

papers.ssrn.com/sol3/papers....

Drug Scheduling as Institutional Design - Harvard Law Review The United States makes bad choices when it comes to psychoactive drugs. Under the Controlled Substances Act (CSA), U.S. drug law has simultaneously fueled mass incarceration, inhibited needed access,...

Hot off the presses, Dave Pozen’s and my new piece in @HarvLRev on what is broken in how we regulate marijuana, kratom, opioids, and other drugs—and how to fix it. Admin law meets public health meets LPE meets drug law meets harm reduction. Check it out!
harvardlawreview.org/print/vol-13...

POV: your dog thinks you are being so boring and you should stop working so you can come play.

One of every thousand American residents has been taken into custody by ICE in the last year.

Uhoh those the were load-bearing witches.

Call for papers!

www.law.uchicago.edu/form/uchicag...

A diagram of the evolution of whales, from land dwelling mammals to the ocean giants we know today.

Whale evolution makes me uncomfortable

Careers at The Bulwark The Bulwark was founded to provide analysis and reporting in defense of America’s liberal democracy.We publish written articles and newsletters. We create podcasts and YouTube videos. We give politica...

Jobs at The Bulwark, based in D.C.: deputy social media editor, director of finance, and events and communications associate.
thebulwark.pinpointhq.com

I got a good sit blep today!

Do Large Language Models Dream of the Administrative Procedure Act?, by Jack Jones & Burçin Ünel - Yale Journal on Regulation Nothing in the APA prohibits agencies from using computational tools to gather, synthesize, or even recommend policy choices—and agencies already often rely on modeling tools to inform regulatory stan...

Jack Jones and Burçin Ünel of @policyintegrity.bsky.social offer that, whether an agency uses AI or not, if a "rule ignores key evidence, fails to address major concerns or alternatives, or offers inconsistent reasoning, it will be struck down as arbitrary."

www.yalejreg.com/nc/do-large-...

1/x Really delighted to say that my coauthored piece with @jedshug.bsky.social, “Quasi-Judicial: A History and Tradition” just landed with the Columbia Law Review. We really appreciate the editors’ hard work! This is a piece that retells the story of American admin law and Humphrey’s Executor.

It’s @beckyhammer.bsky.social :)

Still image from the Super Bowl halftime show of Bad Bunny looking serious, talking directly to the camera, pointing at us.

“If I’m here at Super Bowl LX, it’s because I never stopped believing in myself. You should never stop believing in yourself either. It’s worth more than you think.” —Bad Bunny

12/10 bunny imo

I know the basics but who should I follow for in-depth Bad Bunny analysis?

In forecasting the future of AI, it's easy to miss the main point.

Whether AI largely substitutes or complements human capabilities isn't merely a technological matter.

It's a societal choice.

Scholar who studies executive orders 👇