Today on Lawfare No Bull: On April 1, the Supreme Court heard oral arguments in the case of Trump v. Barbara, which centered on a challenge to the president’s executive order signed on Jan. 20, 2025, that attempted to end birthright citizenship. Over the course of two hours, the justices questioned U.S. Solicitor General D. John Sauer and the ACLU’s Cecillia Wang on how the order comports with the 14th Amendment’s Citizenship Clause, the ambassadors and tribal exceptions, the Immigration and Nationality Act, precedent set in the Court’s 1898 decision in Wong Kim Ark, and more.
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]]>Alan Rozenshtein, research director at Lawfare, spoke with Miles Brundage, founding executive director of the AI Verification and Evaluation Research Institute (AVERI) and former senior advisor for AGI readiness at OpenAI, about the state of AI safety and accountability and AVERI's vision for independent third-party auditing of frontier AI companies.
The conversation covered the weaknesses of current AI regulations, including California's SB 53 and New York's RAISE Act; why Brundage left OpenAI to build an independent nonprofit; AVERI's case for shifting the unit of analysis from individual AI models to the organizations that build them; the "Volkswagen problem" of deception-proofing safety evaluations; a framework of AI Assurance Levels ranging from baseline transparency to treaty-grade verification; the limitations of safety benchmarks and the BenchRisk project's findings; market-based mechanisms for driving audit adoption, including insurance, procurement, and investor pressure; and how AVERI navigates the tension between proximity to industry and independence from it.
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]]>Fabien Curto Millet, Chief Economist at Google, joins Kevin Frazier, the AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Fellow at the Abundance Institute, and Alan Rozenshtein, Associate Professor at Minnesota Law and Research Director at Lawfare, to discuss the potential of AI to catalyze a productivity boom while also addressing labor market instability. The three dive into likely changes in AI capabilities as well as ongoing reasons for slow organizational adoption of AI. Finally, they close with a brief discussion of potential policy approaches.
Nicholas Bagley, Professor of Law at Michigan Law, joins Kevin Frazier, Director of the AI Innovation and Law Program at the University of Texas School of Law and a Senior Fellow at the Abundance Institute, for a live recording of the podcast in Ann Arbor. Thanks to Graham Hardig and Brinson Elliott for organizing a great event. Professors Bagley and Frazier start by analyzing a recent debate over housing policy before diving into the weeds of the Abundance Agenda, its nexus with AI policy, and what this all means for the future of legal education and governance.