Administrative Law's Fourth Settlement: AI and the Capability-Accountability Trap

ArXi:2602.09678v2 Announce Type: replace-cross Since 1887, administrative law has navigated a "capability-accountability trap": technological change forces government to become sophisticated, but sophistication renders agencies opaque to generalist overseers like the courts and Congress. The law's response--substituting procedural review for substantive oversight--has produced a sedimentary accretion of requirements that ossify capacity without ensuring cratic control.