Rethinking Technology Regulation
— Why Autonomous Vehicle Governance Needs Both Hard & Soft Law
Zwillinger Wulkan Associate Vrinda Gupta recently co-authored an article published by the University of Michigan Law School, appearing in the April 2026 edition of their highly-regarded Journal of Law & Mobility.
In it, the authors discuss whether the debate over emerging technology regulation should move beyond the traditional choices of binding legal rules and voluntary industry standards.
Using autonomous vehicles as a case study, the article reveals that neither hard law nor soft law is sufficient on its own.
“Hard law provides enforceability, accountability, and public confidence, but can be too slow and rigid for rapidly evolving technologies. Soft law offers flexibility, technical expertise, and speed, but may lack transparency, enforceability, and public trust.”
Vrinda GuptaZwillinger Wulkan Associate & Co-Author
The article concludes that autonomous vehicle governance is most likely to succeed through a hybrid approach of regulation and voluntary standards whereby policymakers design governance models that combine the strengths of both. These may include government-backed voluntary programs, hard-law backstops for industry standards, incorporation of private standards into binding rules, and enforcement of public soft-law commitments.
For autonomous vehicles, a blended model offers the most practical path forward: one that can promote innovation while still addressing safety, accountability, and public confidence.
Read the full article in the Journal of Law & Mobility
