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Governance in the Absence of Government
No full textArtificial intelligence (AI) is advancing at an unprecedented pace, with generative systems exerting growing influence over social, economic, and political life. While AI offers opportunities for innovation and efficiency, it also poses risks ranging from misinformation and job displacement to existential threats if highly autonomous systems evade human control. Across industry, government, and civil society, there is broad consensus that AI requires oversight. Yet traditional U.S. regulatory approaches face six significant barriers: (1) technology outpacing legislation, (2) limited AI expertise among policymakers, (3) regulatory capture, (4) political gridlock, (5) outdated governance structures, and (6) the inherent complexity of AI. Combined with AI’s global reach, these obstacles make effective U.S. regulation unlikely in the near term, underscoring the need for alternatives to government action. Soft law—industry standards, voluntary compliance, and multi-stakeholder initiatives—has successfully guided governance in other rapidly evolving fields. It offers agility, cross-border cooperation, and the ability to adapt quickly without legislative delays. Soft law can encourage innovation while minimizing jurisdictional conflicts. Its drawbacks include non-binding authority and the risk of industry dominance, but when carefully designed, it can provide meaningful oversight in areas where governments cannot act swiftly or effectively. Given AI’s complexity and international scope, I propose establishing an International Council on AI Risk (ICAR)—a multi-stakeholder body focused on AI safety and global standardsetting. An ICAR would unite governments, industry safeguards, create compliance mechanisms, and develop adaptive frameworks. Unlike rigid government structures, it could evolve alongside AI while providing enforceable soft law mechanisms to foster responsible development. Challenges—such as defining scope, securing industry compliance, and avoiding bureaucracy—would require careful governance design and broad participation. Nonetheless, the stakes of AI development demand proactive solutions. With government regulation lagging and risks escalating, an ICAR represents the most pragmatic and scalable model for AI governance. By leveraging international cooperation, industry incentives, and adaptive oversight, it could address AI’s global risks far more effectively than traditional regulatory approaches
IMMUTABLE SUFFERING: HOW THE BIA’S DECISION IN MATTER OF K-E-S-G- COMPLICATES ASYLUM FOR VICTIMS OF GENDER-BASED PERSECUTION
No full textThis article addresses the recent BIA decision in Matter of K-E-S-G-, which held that a social group defined by sex and nationality fails to meet the definition of a particular social group eligible for relief under U.S. asylum law. The article argues that while the issue of gender-based persecution is widespread, victims of such harm are united by a unique form of suffering and immutable characteristics. To offer an example of the distinct effects of gender-based persecution, the article highlights women in Eurasia who have been subject to forced marriages
Digital Leases and Lost Legacies: The Quest for Sustainable Access
No full textLaw Librarianship Practice is a cutting-edge book that provides insights into the latest emerging trends and technologies in academic, government, and law firm librarianship. This book offers guidance from forward-thinking library leaders on how they are tackling the challenges of law librarianship today including; managing remote workforces, negotiating with vendors, navigating outsourcing services, planning for emergencies, riding out law firm mergers, succession planning, and more. Experts working in the field provide practical applications of new technologies and opportunities, such as how librarians are conducting AI-informed competitive intelligence, using big data for decision-making, and what\u27s happening in artificial intelligence. The book also covers innovative initiatives in the areas of diversity, equity, and inclusion, Access to Justice, and more.https://insight.dickinsonlaw.psu.edu/book_contributions/1015/thumbnail.jp
