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Judicial Review of Commissioner HAL 9000

2022; RELX Group (Netherlands); Linguagem: Inglês

10.2139/ssrn.4170078

1556-5068

Eric Leis,

The goal of this paper is to develop a judicial review standard fit for review of federal administrative agency factual determinations made by artificial intelligence. Courts currently apply a "substantial evidence" standard where they examine the "reasoned decisionmaking" of the agency. The nature of AI makes this standard unworkable. This paper recommends that courts ask two questions: (1) is the agency AI reasonable? (2) is the AI's decision based on such relevant evidence as reasonable AI might accept as adequate to support a conclusion? I use the SSA disability determination process as a framework for developing this standard.