4 ms·
> Anyone with knowledge who can expand this or explain what exactly is "arbitrary", "capricious" or "abuse of discretion"? I'm a lawyer. Here's a summary from
by dctoedt 2y ago
> Anyone with knowledge who can expand this or explain what exactly is "arbitrary", "capricious" or "abuse of discretion"?
I'm a lawyer. Here's a summary from Perplexity.ai, which comports well with my general understanding:
The U.S. Supreme Court defines "arbitrary and capricious" in the context of administrative-agency action primarily through the standards set forth in the Administrative Procedure Act (APA). According to the APA, a court must invalidate agency actions that are found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" 1 3 4.
The arbitrary and capricious standard is applied when reviewing an agency's decision-making process and involves several key considerations:
Consideration of Relevant Factors: An agency action is deemed arbitrary and capricious if the agency has relied on factors that Congress did not intend it to consider, failed to consider an important aspect of the problem, or offered an explanation for its decision that runs counter to the evidence before the agency 2 3.
Rational Connection: The agency must demonstrate a rational connection between the facts found and the choices made. This requires a satisfactory explanation for its action based on consideration of relevant data 6.
Consistency and Reasoning: The decision should not be based on seriously flawed reasoning or be inconsistent with prior actions unless adequately explained. The agency must also respond to relevant arguments or comments during the decision-making process 6.
Zone of Reasonableness: Recent interpretations by the Supreme Court have introduced the concept of a "zone of reasonableness," where agency actions are upheld if they fall within a reasonable range of decisions based on the agency's expertise 4.
- binarymax 2y agoSigh. We’re here as people asking other people who hopefully have expertise. If we wanted an AI summary we could get it from perplexity ourselves. I say this as someone who actually builds and sells AI research software - but there’s a time and place for such things.
- dctoedt 2y ago[flagged]
- aspenmayer 2y agoHere’s the reason: Dang has said before that HN is not for bots or AI generated content.
- dctoedt 2y ago> Dang has said before that HN is not for bots or AI generated content. I have a feeling that he meant something akin to spam, not to AI-assisted comments addressed to specific points.
- dang 2y agoThere are lot of grey areas; for example, your GP comment wasn't just generated—it came with an annotation that you're a lawyer and thought it was sound. That's better than a completely pasted comment. But it was probably still on the wrong side of the line. We want comments that the commenters actually write, as part of curious conversation between humans.
- CamperBob2 2y agoAnd HNers have interpreted that as, "Any comment that even mentions the output of an LLM is radioactive toxic waste, regardless of its context or its appeal to the audience's sense of intellectual curiosity that is otherwise encouraged by the admins." As a result, a lot of thoughtful conversation threads are stopped in their tracks.
- dctoedt 2y ago[flagged]
- aspenmayer 2y agoIt's not Ludditism. You're just making low-effort posts that are not appreciated on HN as evidenced by downvotes and past moderator statements. I don't even know what you're arguing for. Just write your own comments. You actions in this thread reflect poorly on yourself as a lawyer and upon the entire legal profession.
- dang 2y agoWe detached this subthread from https://news.ycombinator.com/item?id=41937792 https://news.ycombinator.com/item?id=41937792.