Can constitutional democracy survive the age of AI, or are we handing over governance to systems the law was never built to handle? In this episode of Bite-Sized Business Law Podcast, host Amy Martella sits down with Margaret Hu, Davison Douglas Professor of Law and Director of the Digital Democracy Lab at William & Mary Law School, to explore the intersection of AI and constitutional law. Margaret shares her journey from the Civil Rights Division post-9/11 to becoming one of the first scholars in AI law, as well as the release of her groundbreaking textbook on AI Law and Policy. She explains why AI is not just a technology but a potential competing constitutional force, and why legal frameworks must return to the first principles of democracy, rights, and accountability to prevent a move toward unconstitutional governance. They also delve into the EU AI Act, state-led regulatory efforts, the gaps in the U.S legal framework, the Anthropic-Pentagon controversy, and the risks of allowing national security to override constitutional checks and balances. Tune in to learn why building rights-first AI frameworks is essential to protecting democracy with Margaret Hu.

Key Points From This Episode:

• Margaret’s background in civil rights and how it led her interest and eventual scholarship in AI and algorithmic decision-making.
• Why AI governance cannot be separated from data privacy, surveillance, and cybersecurity.
• The decade-long push behind Margaret’s groundbreaking textbook: AI Law and Policy.
• Learn why AI is not just a technology, but a potential competing governance force.
• Explore why AI legal frameworks should be built from first principles rooted in democracy.
• Discover how AI could weaken America’s constitution. 
• Unpack the debate between sector-specific AI rules and horizontal AI laws in general.
• Hear what the EU AI Act gets right, where it falls short, and how the U.S is borrowing from it.
• Why Margaret is skeptical about anthropomorphizing AI.
• Understand the common misconceptions around regulation and its impact on innovation.
• The Pentagon-Anthropic issue and what it shows about AI, military contracts, and power.
• She shares her outlook for AI laws and regulations under the current administration.
• Advice for young lawyers on navigating an increasingly AI-shaped legal future.

Links Mentioned in Today’s Episode:

Margaret Hu

Margaret Hu on LinkedIn

AI Law and Policy

William & Mary Law School

Fordham University School of Law Corporate Law Center