chatGPT’s Research Paper Topics and Non-Theses

I have a new Verdict column up today. In it, I explain that, thanks to AI, I'm going to in-class proctored closed-network exams. I also explain that for now I'll muddle through with supervising student papers for my seminar. In the column, I note that I asked ChatGPT to create a list of ten paper topics for the seminar I'll be teaching in the fall. It did reasonably well as a starter but really gave only topics, not theses. The seminar is called "The Constitution's Political Economy." Here's the description I wrote for the law school's online course catalogue:

Since the so-called New Deal Settlement of the late 1930s, courts have largely adhered to the view expressed by Justice Oliver Wendell Holmes, Jr. in his dissent in Lochner v. New York, 198 U.S. 45, 75 (1905), that the Constitution does not “embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire.” Nonetheless, issues of economic regulation remain fundamental to constitutional law—both within and outside the courts. This seminar explores some of those issues, with an emphasis on the relation between economics, the Constitution, and politics.

I asked ChatGPT for ten topics and then for a thesis sentence for each paper topic. As you'll see from the list below, it was pretty good at producing topics but doesn't know what a thesis is. Each ostensible thesis merely tells the reader that it will "analyze," "investigate," "explore," or otherwise discuss the topic but doesn't say what the writer will argue. Perhaps ChatGPT's big brother (GPT-4) would do better.  Meanwhile, for those interested, here's the list:

(1) The New Deal Settlement: Assessing its impact on the Constitution's political economy

Thesis Statement: This research paper explores the transformative impact of the New Deal Settlement on the Constitution's political economy, analyzing the extent to which it shifted the balance between individual rights, government intervention, and economic regulation.

(2) Judicial Activism vs. Judicial Restraint: The role of the courts in shaping economic regulation

Thesis Statement: This research paper examines the contrasting approaches of judicial activism and judicial restraint in the context of economic regulation, exploring their impact on the Constitution's political economy and the role of the courts in shaping economic policy.

(3) Economic Liberties and the Constitution: Balancing individual rights and government intervention

Thesis Statement: This research paper analyzes the delicate balance between economic liberties and government intervention within the framework of the Constitution, exploring the historical evolution and contemporary challenges in safeguarding individual rights while addressing societal and economic needs.

(4) The Commerce Clause: Its evolving interpretation and implications for economic regulation

Thesis Statement: This research paper delves into the evolving interpretation of the Commerce Clause, examining its historical context, landmark Supreme Court cases, and its profound implications for economic regulation, interjurisdictional commerce, and federalism.

(5) Constitutional Limits on Regulatory Takings: Examining the Fifth Amendment's "takings" clause in economic contexts

Thesis Statement: This research paper investigates the constitutional limits on regulatory takings under the Fifth Amendment's "takings" clause, analyzing its application to economic regulation, property rights, and the delicate balance between government interests and private property protections.

(6) The Role of the State in Economic Regulation: Constitutional considerations and the limits of state power

Thesis Statement: This research paper explores the constitutional considerations surrounding the role of the state in economic regulation, examining the limits of state power, the tensions between federal and state authority, and the implications for the Constitution's political economy.

(7) Constitutional Protection of Property Rights: Analyzing the impact on economic development and regulation

Thesis Statement: This research paper investigates the constitutional protection of property rights and its impact on economic development and regulation, exploring the balance between property rights, the public interest, and the government's authority to regulate for the greater good.

(8) Federalism and Economic Regulation: The tension between state and federal powers in shaping the economy

Thesis Statement: This research paper examines the tension between state and federal powers in shaping the economy through economic regulation, analyzing the constitutional framework of federalism and its impact on economic policy, interstate commerce, and the Constitution's political economy.

(9) Constitutional Implications of Antitrust Laws: Evaluating the intersection of competition policy and the Constitution

Thesis Statement: This research paper evaluates the constitutional implications of antitrust laws, analyzing the intersection of competition policy and the Constitution, exploring how antitrust regulation navigates the delicate balance between promoting economic competition and respecting constitutional principles.

(10) The First Amendment and Economic Speech: The constitutional protection of commercial speech and its impact on economic regulation

Thesis Statement: This research paper examines the constitutional protection of commercial speech under the First Amendment and its impact on economic regulation, exploring the boundaries of free speech in the context of economic activities and the implications for the Constitution's political economy.