Comment by Boaz Segal

This Article argues that tort law must move beyond the CCA paradigm and reorient liability around a new organizing concept: the Best Algorithmic Risk Governor (“BARG”). Building on Calabresi and Hirschoff’s best decision maker (“BDM”) framework and the economic logic of the Hand formula, the Article contends that liability should concentrate on the actor best positioned to observe, evaluate, and govern systemic algorithmic risk at scale.