Governing agentic AI
From a new paper by Shruti Rajagopalan:
AI agents now transact, publish, and act on external systems without contemporaneous human approval, creating new regulatory challenges. A growing literature has responded with proposals for legal personhood. This Article argues that personhood is neither necessary nor sufficient, shifting the question from status to enforcement. The Article first shows that for two millennia, nonhuman legal personality, from the Roman universitas to the corporation, the Hindu idol, the waqf, and the river, has operated through human officeholders the law can locate, question, prosecute, and replace. Agentic AI inverts that design, exercising practical agency without legal status, sometimes with no identifiable human in the responsibility-bearing role. The Article then sorts deployments into three categories: first, where one firm builds and deploys the agent; second, where the developer and deployer are separate but known; and third, where there is no identifiable developer or deployer. The Article stress tests each agent deployment category against five liability doctrines: agency law, products liability, enterprise liability, negligence, and strict liability. It demonstrates that each fails at different points in the third category for the same reason: the absent responsibility-bearer. Bare personhood would supply a caption without a representative, assets, or a mechanism for cessation. Finally, the Article assembles an alternative from regimes governing aircraft, ships, drones, driverless cars, and motor carriers. It develops a six-layer stack—registration, identification, verification, financial responsibility, lifecycle traceability, and suspension—so a responsibility-bearer can be identified, liability imposed, and the activity suspended. These layers place the human back at the end of the chain.
I would say that social science now has new frontiers, let us hope it blossoms in response.
Thursday assorted links
The Equal Pay Madness Just Got Madder
In my post Equality Act 2010 I discussed the UK’s absolutely insane wage policy:
In short, supply and demand have been replaced by judges and labor boards with the authority to deem which jobs are “equal” and therefore should be paid equally….No one is alleging that male and female warehouse workers were paid unequally or that male and female retail workers were paid unequally or that there was any direct or indirect discrimination. The only claim is that warehouse workers, who are less likely to be female than retail workers, earn more than retail workers. And since these jobs have been judged “equal,” the company has violated Equality Act 2010.
…The warehouse workers were almost 50% female (47.25%). So females were not barred from the higher paying jobs. The fact that 77.5% of the retail workers were female suggests that retail work has special appeal to females relative to males and thus that there are compensating differentials. Any of the three female plaintiffs could have taken jobs in the warehouse. If the jobs are equal and the warehouse jobs pay more this is, on the plaintiffs’ theory, “puzzling”. [Or, as Ayn Rand would say, blank out.]
In fact, the court case reveals that Next was struggling to fill the warehouse positions and offered any retail employee—including the plaintiffs—the opportunity to switch to warehouse work. On cross-examination, one of the plaintiffs admitted that, given the unpleasant conditions in the warehouse—described by the court as “the drone of machinery,…vibration, alarm sirens and the screeching of machinery, wheels and rollers, continuously present in all areas”—the warehouse job “did not seem particularly attractive” compared to the greater autonomy and more appealing environment of the retail job. The plaintiff added that she would only have considered the warehouse job if it paid “a lot more money.”
Well, here is the update. The outgoing Keir Starmer government is trying to massively expand these laws. The “equal value” framework previously applied only to sex discrimination; under the proposed law, employees could also bring equal-value claims based on race and disability. Remember, these laws have nothing to do with discrimination—they are about demanding, at the point of a gun, that apples and oranges sell for the same price because they’re both fruit.
The new law would also establish an Equal Pay Regulation and Enforcement Unit. As I said, Orwellian.
See also my post, How Britain Become as Poor as Mississippi.
Spreading AI to the rest of the world
Another job we’ll have, I call this imperialism, but I mean that in a value neutral way. But AI comes to different parts of the world at different speeds. I think the countries where AI changes a lot of things first, there’ll be a very high demand for people from those places, which I’ll think to be the US, possibly UK, to go around the rest of the world and teach people in other places how to integrate AI into what we have. And a lot of those demands won’t be fully rational. They won’t be, oh, give us the best possible AI. They’ll be like, oh, we’re Peruvians. We want to keep things a certain way. You may or may not agree, but we want you to give us a version of AI that helps keep it that way. And that will be the job. And I think Americans in particular, probably Brits as well, huge growth sector will be living in other parts of the world spreading AI. And again, the fact that AI can do it better may or may not be true, but I don’t think it’s what will matter. I think the Peruvians or some analogue will want humans to come and listen to their concerns and assure and persuade them as humans, that’s what they’re going to get. I’m not saying it’s always going to go well, but that will always be, I think, a big job for humans to do.
It’s already a growth sector for Americans to want to live abroad. Like we have all this accumulated wealth. Life in America can be a bit dull. Life in Europe in particular is amazing. Personally, I love life in most parts of Latin America. So it’s already a trend for Americans to live overseas. For another reason, it’s nothing to do with AI. So if there are all these future job opportunities, like full of meaning, like come to Kenya, help Kenya, you can save 73 lives or maybe like 73,000 lives, help them build out their AI in a way that’s acceptable to them. That’ll just be this phenomenally rich inner and outer life. And I think it’ll be a great source of job creation.
I have already linked to the transcript of the talk.
My excellent Conversation with Chase Koch
Here is the audio, video, and transcript. Here is part of the episode summary:
Chase and Tyler discuss if any of his father’s lessons never stuck, the guilt-trip letter his grandfather wrote three months after Charles was born, why Chase started throwing tennis matches, what Rafa’s grit taught him about stoicism, who he admired most from the 1992 Dream Team, whether the Spurs should jettison De’Aaron Fox, the David Gilmour solo that hooked him at eleven, what drew him to jam bands, how he built a boom-box business out of his parents’ garage, why his father interviewed Snoop on a Zoom call during Covid, why his band is named for the second law of thermodynamics, what it’s like working with MrBeast, how Koch Industries has evolved, what he learned from Marc Andreessen, the philosophy behind hiring the “farm team,” why he is teaching himself to code with Claude at his fourteen-year-old’s urging, where he’s traveling next, and much more.
Excerpt:
COWEN: N.W.A., are they good? I like them.
KOCH: I had my phases. My first business, Tyler, was when I was 15 years old and one of my best friends to this day, Askia Ahmad, he was wiring up car stereos and building custom boom boxes and all that. We basically built a business out of my parents’ garage because they had all the tools and materials and everything. Like, “Let’s build a business out of here. My parents hopefully will pay for the machinery, and then we can sell these boom boxes to our friends at high prices and capture a big margin.” Through that, I learned about the whole gangster rap. Your listeners may be surprised, but it started with me, Public Enemy, N.W.A., Eazy-E, of course—
COWEN: It’s so good.
KOCH: Dre.
COWEN: Snoop.
KOCH: Snoop.
COWEN: You know Snoop, right?
KOCH: It’s so good, so good. Yes.
COWEN: What’s Snoop like?
KOCH: Snoop? Okay. This goes back to what I was mentioning on the power of music to unify people. So I’ve been with Stand Together. For the listeners that don’t know, it’ll give context to your question. Stand Together is an organization that has really a community of like-minded leaders that all believe in one thing, in the power of human potential, and that every human has a gift.
We all know that there’s so many barriers in society that are holding people back, whether it’s barriers in education, barriers in regulation, so you can’t start a business, barriers in our criminal justice system, you name it. What Stand Together does is we have basically a comprehensive strategy that addresses everything from education to policy to bottom-up empowerment in communities to drive real social change. I’ve been a part of this for as long as I can remember.
My father’s been working on social change for 60 years. My passion for music, as you can see from your last line of questioning, with Stand Together and that whole community, we never tapped into culture. When I say culture and what the next generation pays attention to—sports, music, YouTube, entertainment, creators, media. During COVID, I had this idea that we’ve never tapped into music to drive social change.
And on one specific point:
Back to your question on energy, 4 percent of the overall capital consumed at Koch is in refining, which is basically where my grandfather started the company. I think that surprises a lot of people because I think a lot of people are still stuck in this, “Well, you’re this energy company.” No, we’re not. We touch the majority of the economy now, and we’re in everything from forest products, consumer products, software, as I described, glass manufacturing, to energy and fertilizers as well.
Interesting throughout.
Those new service sector jobs
It’s 85 years since Brian O’Nolan, better known as Flann O’Brien and Myles na gCopaleen, proposed a Book Handling Agency in The Irish Times.
On Sunday evening, Flann’s idea became reality. In a Berlin bar’s back room, Cabinet Magazine, a literary quarterly, assembled a crack team of white-coated literary experts to make your unread books look well-read – at moderate prices.
For €5 you could get an “essential” handling package including a “professional” spine-break for your book, “two commonplace page markers, 2 scholastic dog-ears; 4 underlined passages; 1 arbitrary yet discerning piece of marginalia; and 1 contextually appropriate piece of marginalia”.
The premier package added “mauling the edges” of the book with a drill and sand paper, thanks to the “vice-chiefs of abrasion (light, heavy)” as well as “one stain using cheap wine, coffee etc”, hand-applied by a “fluid dynamics specialist”.
There is a learning dimension as well:
“We learned that, to look authentic, coffee needs to be dropped at a different height than wine,” said Sina Najafi, editor-in-chief of Cabinet magazine, who organised the evening and took on the professional spine-breaking.
Here is the full story, via Benen Harrington.
Wednesday assorted links
1. New Stephen Dubner talk show.
2. “Spain accelerates and already contributes 65% of the population growth in Europe”
3. Scott Alexander defends AI chip regulation. If AI can be that powerful (which Scott believes), there will be a significant way to make lots of money building a very strong open model. I do not see how the regulators stop this on a global basis, and his recipe may well accelerate the trend.
4. Should we train AIs to be risk-averse?
5. The Invite is a good movie.
Sub-Saharan Africa facts of the day
In aggregate its farmers are growing more cereals, such as maize (corn) and rice, than ever: nearly five times as much as in the 1960s, when many countries achieved independence. But most of those gains came from cultivating more land, which cannot go on for ever (see chart 1). Africa, once sparsely populated, is getting crowded. The amount of arable land per person has been falling for decades, and now sits at roughly the global average.
That might not matter if farmers were also growing more crops per hectare. But recently gentle growth in agricultural productivity has given way to stagnation, perhaps even decline. Consider figures drawn from national statistics in Africa by the Food and Agriculture Organisation (FAO), a UN body. Cereal yields did not grow between 2020 and 2024, the latest data point (see chart 2). Nor did total factor productivity (TFP), a measure of how efficiently inputs of all kinds (such as labour and machinery) are turned into produce. Most African countries had lower agricultural TFP in 2023 than a decade before.
This seems to be more than a pandemic blip. In a paper published in 2024, Douglas Gollin of Tufts University in Massachusetts and his co-authors analysed data from surveys of 55,000 household farms in six African countries between 2008 and 2019. They estimated that, for smallholdings, yields and TFP were already falling by 3-4% a year then. They found steeper declines than the FAO did, perhaps because their sample did not include large farms, or because official statistics are sketchy.
Here is more from The Economist.
Toward a theory of uni-context
Here is a good dialogue between Derek Thompson and Agnes Callard, excerpt:
Callard: In general, goodness is more context-dependent than badness. There isn’t really anything that’s good all the time for everyone independent of context. Happiness depends on your context and who you are. There isn’t anything that will always make a person happy. But there are reliable ways to make people unhappy. There’s a set of evils that are close to universal: death, pain, illness, violence. Even if someone’s in very different circumstances from yours, if you see they’re being subjected to one of those, you can interpret it as suffering and understand it.
So we should predict that what we see on the internet, insofar as people are trying to be legible to large groups, is that they focus their attention on things that show up to everyone. Take two strangers on the internet trying to talk to each other. What are they going to coordinate on as a topic they can both care about? It’s likely going to be something bad.
And here is from Derek:
Here are some questions that I consider self-evidently compelling about the modern world:
- Why is the news media so interested in telling you how much the world sucks all the time?
- Why are so many of us obsessed with distraction and managing our attention?
- Why is it so hard to stop comparing ourselves to others?
- And why does everything in art and design seem the same these days?
And more from Agnes:
With identity categories like woman, disabled, gay, Jewish, or American, the striking thing is that you are a member of those categories in every circumstance. There is no circumstance in which I stop being a woman. Identity is a hat you never take off. So identity is well suited to a uni-contextual world.
Worth pondering, interesting throughout.
My GOAT book now has updated software/AI
Tuesday assorted links
Occupational Licensing Around the World
Hartley and Kleiner have a new Fed Minneapolis working paper surveying workers around the world to measure occupational licensing by country. In the United States, occupational licensing has increased substantially over time, so one might expect licensing to rise with income. Their headline result is the opposite: occupational licensing is negatively correlated with GDP per capita. Many developing countries such as India, South Africa, and the Philippines have a lot of occupational licensing while Denmark, Sweden and France have relatively little. Similarly, countries which rate poorly in measures of government quality, such as regulatory quality, political stability, the rule of law, and corruption have more occupational licensing.
I do have some concerns, however. The figure for India of 42% of workers requiring a government license seems too high. Admittedly this is the home of the License Raj but I worry about the survey results. In order to mark a surveyed worker as requiring an occupational license HK require that the worker say that a) they have a license and b) a license is required to work in their profession. But in India there are many workers who do not have a license and a license is required to work in their profession–HK, however, consider these workers confused and drop them from the analysis. That is appropriate for a developed country where there aren’t many illegal unlicensed workers but, as the authors later discuss, informality is very high in India so working illegally is not uncommon.
Including these workers would make the true India figure even higher than HK report but I think with such a high degree of informality we also have to wonder whether survey responders in India really are responding the same way as in Germany. Perhaps they are reporting a license isn’t really required since very few workers have one. In India, for example, some 60% of “licensed” drivers have an fake or invalid license and many have no license at all so maybe workers are just reporting the facts on the ground.
Within the United States, professions are regulated in some states but not others—Louisiana, for instance, requires florists to be licensed. (Do license-holding Louisiana florists produce better, safer arrangements? I don’t think so.) Given this variation even within a single country, we’d expect considerable variation across countries too. Multiple independent surveys—not just HK—confirm that Denmark, Sweden, and even France have less occupational licensing than the United States. Since these countries have high state capacity, we can rule out the hypothesis that licensing exists for safety or quality. The implication is clear: occupational licensing is often about rent-seeking, not quality assurance.
Addendum: See also my review of Allensworth’s The Licensing Racket which finds that licensing board spend most of their time and effort on regulating entry rather than quality and my paper on the surprise delicensing of occupational licensing in the funeral industry in Colorado.
Incentives matter, installment #1637
I had long wondered about this:
Performance metrics can misalign individual and organizational incentives. We study a clean case: an NBA player holding the ball as a quarter expires must choose between a low-probability “heave” that can only help his team and protecting his shooting statistics. We model this decision as a metric-driven principal-agent problem and test it using play-by-play data from 2015-16 through 2025-26, exploiting the 2025-26 Heave Rule, which removed the individual statistical penalty for end-of-quarter heaves. Before the reform, players heaved on 58 percent of opportunities; reluctance was concentrated among efficient shooters and players in contract years, as the model predicts. After the reform, the heave rate jumped to 94 percent, the efficiency gradient collapsed, and difference-indifferences estimates using the untreated fourth quarter confirm the effect is sharp, immediate, and smallest among the players with the least efficiency to protect. Removing a metric distortion realigned individual behavior with team objectives almost completely.
That is from a recent paper by James W. Kemper and Noah Liptack,titled “Overcoming Misaligned Incentives: Evidence from the NBA Heave Rule.” Via the excellent Kevin Lewis.
Creating your own religion in an AI-drenched world
Religious life, I think one thing we’ll see, and this is, again, pretty soon, it won’t be hard to create your own religion. I’m not sure many people will do this. I don’t think most people will. But they’ll be like accretions to the religions we have now. And I think with Fable 5, you could even do this already. Like, you ever actually try to read through the Hindu sacred texts? They’re pretty naughty, pretty detailed, quite long. Many parts are great and dramatic. I wouldn’t say they’re smoothly or evenly written. Not all of it is well written. They have significant meaning. For some people, a lot of people consume them through stories they’re told with their children. It’s not that every Hindu is like reading through the whole Ramayana. That’s all fine. But if you can sit down with, you know, the latest quad, whatever, and create your own set of sacred books. Again, I think like 2% of people are going to do this. Not most people. People have other interests, other hobbies. A lot of people aren’t religious. But if 2% of people do this, you end up with a lot of new religious accretions. Some of them will be totally new religions. But I think a lot will just be like, here are my sacred books of Christianity, or my add-ons to the Book of Mormon, or my whatever’s. There’ll be this extreme religious diversity. I don’t know, too much, too little. I think it will be quite different.
Again, that is from my recent DeepMind talk. Perhaps two percent is too high, and only a fraction of one percent of the population will do this, with agents. You still end up with a great deal of religious accretion and innovation.
Persistent Inequality in Publishing in Economics
This paper documents new facts about concentration in publishing in economics. First, the profession grows downward . The number of economists grew almost sixfold since 1990, but new entrants publish in lower-tier journals while incumbents hold the top. Second, there is high and persistent concentration at the top. Along with the downward growth, the top-1% authors accounted for 38.4% of top-5 publication credit in 1990 and for 78.3% in 2025. Third, the persistence is widespread within cohorts, within subfields, and within gender. Fourth, new journals only slightly dilute concentration. Fifth, elite authors diversify on topics faster than the rest of the profession. We interpret the findings with a screening model of attention under information overload. The evidence is consistent with the model: as the field grows, citations concentrate on established work and the conditional citation premium of top-author papers narrows.
By Ricardo Dahis, via the excellent Samir Varma.