Cary Coglianese
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cary-coglianese.bsky.social
Cary Coglianese
@cary-coglianese.bsky.social

Edward B. Shils Professor of Law and Political Science; Director, Penn Program on Regulation, University of Pennsylvania. carycoglianese.net

Cary Coglianese is an American legal scholar who is the Edward B. Shils Professor of Law and professor of political science at the University of Pennsylvania Law School, where he is also director of the Penn Program on Regulation. .. more

Business 43%
Economics 27%

Reposted by Cary Coglianese

This is a new era,” Prof. Cary Coglianese (@cary-coglianese.bsky.social) tells WBUR’s On Point, as AI use in gov’t grows from 150 to 3,000+ cases. “Humans design & use these systems — and they must remain accountable.” https://penncareylaw.news/4oTsNFj
The world has its first AI government official
Albania’s prime minister has installed a new minister. Only it isn’t human, it’s Artificial Intelligence. What does this signal for the evolution of government administration around the world?
penncareylaw.news

Reposted by Cary Coglianese

“If an AI system can make an improvement, if we can demonstrate and verify and validate that it's working better, then this is how we hold it accountable and what we should be aspiring for,” says Warren Center faculty affiliate Cary Coglianese.
The world has its first AI government official
Albania’s prime minister has installed a new minister. Only it isn’t human, it’s Artificial Intelligence. What does this signal for the evolution of government administration around the world?
www.wbur.org

Reposted by Cary Coglianese

Reliable assurance that a project’s declared ton of carbon savings equates to a real ton of emissions removed…is crucial,” write Prof. Cary Coglianese (@cary-coglianese.bsky.social) & Cynthia Giles in Science, cited by MIT Tech Review.
https://penncareylaw.news/4oskDUK
What’s next for carbon removal?
Companies have still drawn down only enough CO2 to cancel out a few hours of US emissions. Here’s what it will take to really scale up the sector.
penncareylaw.news

Reposted by Cary Coglianese

Prof. Cary Coglianese (@cary-coglianese.bsky.social) weighs in on the EPA’s proposed TSCA rule, warning that it could leave the agency “with less information...on which to base its decision-making about risk management of toxic chemicals.” Read via Newsweek: https://penncareylaw.news/4nzXQ8a

Reposted by Cary Coglianese

“As AI becomes part of daily life, public demand for its use in government will grow,” Prof. Cary Coglianese (@cary-coglianese.bsky.social) tells TIME. But transparency & oversight are essential. https://penncareylaw.news/3WcsgC7
The First AI-Powered Minister Tests the Future of Government
An AI system named Diella has joined Albania’s cabinet, testing how far governments are willing to trust machines with power.
penncareylaw.news

Berger v. United States (1934): “The United States Attorney is the representative…of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all.” www.theregreview.org/2020/06/29/c...
Politics, Prosecutors, and Procedural Fairness | The Regulatory Review
President Trump contravenes fundamental fairness by exerting political pressure over prosecutors.
www.theregreview.org

Reposted by Cary Coglianese

Prof. Cary Coglianese (@cary-coglianese.bsky.social) shared insights on regulatory excellence with leaders from 18 Australian regulators, highlighting integrity, competence, and engagement as central to building public trust. Watch his interview & slides: https://penncareylaw.news/3IcrQbG
Cary Coglianese on regulatory excellence
International expert Professor Cary Coglianese shares practical insights on how integrity, engagement and performance can shape better regulation.
penncareylaw.news

Reposted by Cary Coglianese

PODCAST: Auditors promise integrity in carbon markets. New research suggests the reality is far more complicated. On Energy Policy Now, Cynthia Giles and Cary Coglianese explain why.
The Conflicted Role of Auditors in Carbon Markets - Kleinman Center for Energy Policy
Energy policy research from the University of Pennsylvania
kleinmanenergy.upenn.edu

Reposted by Cary Coglianese

Professor Cary Coglianese (@cary-coglianese.bsky.social) speaks with @bloomberglaw.com about a lawsuit recently filed in Maryland federal court by FreeState Justice that accuses the federal government of depriving transgender workers of protections and processes afforded to cisgender workers.
Equal Protection Fight Looms Over EEOC’s Transgender Bias Shift
The Trump EEOC’s retreat from transgender discrimination enforcement has set up an impending legal showdown over whether the agency is violating the constitutional rights of workers it’s tasked with p...
news.bloomberglaw.com

Reposted by Cary Coglianese

As we approach our 20th anniversary, we look back at an early contribution to Regulation & Governance, including this first editorial by the John Braithwaite, Cary Coglianese & David Levi-Faur that asked:

'Can regulation and governance make a difference?'

onlinelibrary.wiley.com/doi/10.1111/...

To the laws mentioned in the op-ed— the APA and Evidence Act—might be added the Information Quality Act which aims at “ensuring and maximizing the quality, objectivity, utility, and integrity of information (including statistical information) disseminated by Federal agencies.”

Important warning here about government “looking away from its responsibility to produce and validate evidence in favor of a return to policymaking through instinct, hunch and preference.”

Reposted by Cary Coglianese

After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain. Warren Center faculty affiliate Cary Coglianese writes about "Judicial Remedies After CASA." www.theregreview.org/2025/08/11/c...
Judicial Remedies After CASA | The Regulatory Review
After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.
www.theregreview.org

Reposted by Cary Coglianese

In a recent essay, Cary Coglianese of Penn Carey Law contends that effective regulation demands ongoing vigilance and responsiveness rather than reliance on written codes alone. www.theregreview.org/2025/08/19/m...

Reposted by Cary Coglianese

In an op-ed for The Regulatory Review, coauthored by Matthew Lee Wiener, Professor Cary Coglianese examines the Supreme Court’s decision in Trump v CASA eliminating nationwide injunctions, and he explores the legal questions and pathways that remain for litigants challenging national policies.
Judicial Remedies After CASA | The Regulatory Review
After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.
www.theregreview.org

Reposted by Cary Coglianese

In a recent essay, Cary Coglianese of the University of Pennsylvania Carey Law School argues that regulation must be understood as a verb—an ongoing process of vigilance and adaptation—rather than a static set of written rules. www.theregreview.org/2025/08/19/m...

Reposted by Cary Coglianese

Coglianese, Cary and Giles, Cynthia, Third-Party Auditing Cannot Guarantee Carbon Offset Credibility (June 15, 2025). U of Penn Law School, Public Law Research Paper No. 25-28, Available at SSRN: ssrn.com/abstract=534... or dx.doi.org/10.2139/ssrn...
Third-Party Auditing Cannot Guarantee Carbon Offset Credibility
Many entities are pushing for carbon offsets to be part of the solution to climate change. The argument is that allowing organizations to pay others to reduce c
ssrn.com

As The Regulatory Review wraps up its series on the Supreme Court’s latest term, my colleague, Matt Wiener, and I analyze one of the most significant decisions of the year: Trump v. CASA, which closed the door on federal courts’ use of national injunctions. www.theregreview.org/2025/08/11/c...
Judicial Remedies After CASA | The Regulatory Review
After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.
www.theregreview.org

𝘕𝘦𝘸: “𝐎𝐧 𝐭𝐡𝐞 𝐍𝐞𝐞𝐝 𝐟𝐨𝐫 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐑𝐞𝐠𝐮𝐥𝐚𝐭𝐨𝐫𝐬.” Explores the need for digital regulators in two senses: Regulators "of" digital technologies, and regulators in all domains that work "with" the aid of digital technologies. Also, note the plural: "regulators." papers.ssrn.com/sol3/papers....
On the Need for Digital Regulators
<p><span>The growing digital economy brings increasing recognition of the need for digital regulators. This chapter considers two senses of the term “digital re
papers.ssrn.com

Reposted by Cary Coglianese

In this interview with the ANZSOG, Warren Center affiliate Cary Coglianese discusses challenges ahead for regulators, the threats and opportunities of AI, building/maintaining trust, and the value of bringing regulators from different sectors together. anzsog.edu.au/news/h...

Reposted by Cary Coglianese

In a new editorial published in Science, Warren Center faculty affiliate Cary Coglianese and co-author Cynthia Giles raise critical concerns about the ability of third-party auditing to restore the credibility of carbon offset markets. www.law.upenn.edu/li...
Rethinking Carbon Offset Audits
Penn Carey Law’s Cary Coglianese co-authors Science editorial exposing systemic flaws in offset verification.
www.law.upenn.edu

𝘕𝘦𝘸: 𝐄𝐔 𝐀𝐈 𝐀𝐜𝐭'𝐬 𝐈𝐦𝐩𝐚𝐜𝐭 𝐨𝐧 𝐏𝐮𝐛𝐥𝐢𝐜 𝐒𝐞𝐜𝐭𝐨𝐫 𝐔𝐬𝐞 𝐨𝐟 𝐀𝐈 “Will AI systems take over governmental decision-making from elected officials? ... Will people in the future live under the rule of robotic overlords?” Questions from my foreword to a new book on the EU AI Act. papers.ssrn.com/sol3/papers....
EU AI Act's Impact on Public Sector Use of AI
As the rapid proliferation of innovation in artificial intelligence (AI) transforms major business sectors throughout the global economy, AI is also changing th
papers.ssrn.com

All agencies need a degree of autonomy to operate in a manner that advances public welfare--and autonomy matters crucially for those agencies whose mission is to gather evidence and report data, whether or not those agencies are formally independent as a legal matter. papers.ssrn.com/sol3/papers....
The Semi-Autonomous Administrative State
Conflicting views about presidential control of the administrative state have too long been characterized in terms of a debate over agency independence. But the
papers.ssrn.com

Reposted by Cary Coglianese

This is an excellent interview with my coauthor @cary-coglianese.bsky.social, where he talks among other things about our new paper on Loper Bright. Cary explains very clearly why we question the Court's claim to have overruled Chevron.

Our paper is posted here: papers.ssrn.com/abstract=537...
Loper Bright Enterprises One Year Later: The Practical Impact on Business, Consumers, and Federal Agencies | Blogs | Insights | Ballard Spahr
www.ballardspahr.com

Reposted by Cary Coglianese

Loper Bright's Disingenuity, with @cary-coglianese.bsky.social, is forthcoming in the University of Pennsylvania Law Review. We argue that the majority opinion in Loper Bright is empty and internally contradictory. It is an assertion of power rather than reason.

papers.ssrn.com/abstract=537...

Reposted by Cary Coglianese

Breaking News: David Gergen, an adviser to four presidents who later became a prominent political commentator, has died at 83.
David Gergen, Washington Veteran Who Advised Four Presidents, Dies at 83
After serving in the government, he became a prominent political commentator. “Centrism doesn’t mean splitting the difference,” he said in 2020.
trib.al

Reposted by Cary Coglianese

Professor @cary-coglianese.bsky.social’s essay in Science draws on a recent report he coauthored with Cynthia Giles, entitled “Third-Party Auditing Cannot Guarantee Carbon Offset Credibility,” which is available online in the Penn Carey Law SSRN working paper series. papers.ssrn.com/sol3/papers....
Third-Party Auditing Cannot Guarantee Carbon Offset Credibility
Many entities are pushing for carbon offsets to be part of the solution to climate change. The argument is that allowing organizations to pay others to reduce c
papers.ssrn.com

Here’s the accompanying report, “Third-Party Auditing Cannot Guarantee Carbon Offset Credibility,” from a project in collaboration with Cynthia Giles: papers.ssrn.com/sol3/papers....
papers.ssrn.com

New report on climate offset integrity, accompanying an editorial in Science: “Auditing’s weaknesses are too often ignored when advocates of more expansive offset markets tout auditors as a guarantor of credit integrity.” www.science.org/doi/10.1126/...
Auditors can’t save carbon offsets
The theory behind carbon offset projects is appealing: Instead of an organization cutting its own emissions, it can fund lower-cost carbon-reducing projects elsewhere to “offset” its emissions. The re...
www.science.org