The Surprising Virtues of Heterogeneity: Legal Pluralism and the Governance of Generative AI

This Article argues that the United States' fragmented approach to generative AI regulation is a strategic strength rather than a flaw. In place of a single federal regime, privacy law, the right of publicity, and copyright offer overlapping tools to address identity-linked harms, each grounded in distinct theories of harm and institutional traditions. This pluralism promotes experimentation, learning, and well-reasoned development rather than confusion. Heterogeneous governance helps courts and lawmakers adapt incrementally to fast-moving technologies, avoid premature lock-in, and coordinate protections across legal silos. To build on these advantages, the Article proposes a narrowly tailored data right focused on high-fidelity, identity-linked uses of data. Functioning as an opt-in, transparency-driven supplement to existing doctrines, this right would close gaps while preserving innovation and doctrinal diversity. The result is a principled, pragmatic approach that safeguards individual agency and leverages the adaptive strengths of US federalism.