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Defamation, Privacy, And The First Amendment: Cases & Problems (3rd Ed.), George Biashvili

Books

I created this resource in anticipation of teaching my Torts II class, which will primarily explore defamation and privacy torts. Though I searched for a suitable coursebook, I found that none contained all of the opinions I consider essential for teaching the nuances and complexities of these subjects. Additionally, I wanted to spare my students the exorbitant price tags associated with traditional law school texts. Hence, I assembled a collection of relevant privacy and defamation cases that align with the objectives of my course. Each case is accompanied by a set of questions to further stimulate class discussion. Where I …

Limits On Damages For Breach Of A Forum Selection Clause, Coyle, John, Monestier, Tanya

Santa Clara Law Review

When a plaintiff sues in a court other than the one designated in a forum selection clause, the defendant’s remedial options are limited. It can ask the court to dismiss the case outright. Or it can ask the court to transfer the case to the designated forum. The defendant typically cannot, however, recover money damages—in the form of attorneys’ fees and related expenses—that it incurs in the course of persuading the court that transfer or dismissal is appropriate. This is because the conventional wisdom among judges has long been that damages are not available for breach of a forum selection …

Formal Neutrality And Unequal Liability: How Algorithmic Aversion Distorts Liability For Algorithmic Torts, Gao, Jingkang

Santa Clara Law Review

The shift in the cause of machine-induced harm from mechanical failures to algorithmic decision- making is challenging the applicability of products liability. Because algorithms now operate machines analogously to humans, a doctrinally coherent response is to subject algorithmic torts to a negligence framework that evaluates the reasonableness of decisions rather than the content of algorithms. This approach offers a theoretically grounded, formally neutral, and normatively appealing solution. In practice, however, it may result in unequal liability. Even under a negligence regime, algorithmic decision- makers may face systematically greater liability if injured parties are more inclined to pursue litigation against algorithmic …

Inexcusable? Building An Artificial Intelligence Micro- Expert On Contract Excuse Doctrine, Burge, Mark Edwin

Santa Clara Law Review

This Article details and advocates for a general methodology for creating a “microexpert” grounded in a user-defined set of legal sources and widely-accessible tools for integrating generative artificial intelligence (AI) into legal analysis. The study focuses particularly on background contract excuse doctrines of impossibility, impracticability, and frustration of purpose, which are collectively a methodologically challenging area of law to rationalize due to fact-intensive variables that undermine their predictability. Particular challenges include assessing the foreseeability of the event that led to the contract’s non-performance, the extent of the hardship or burden on the party seeking excuse, and the purpose of the …

An Elective Wealth Tax, Reis, Eric

Santa Clara Law Review

Foes of wealth inequality face a basic dilemma. Economic restraints make it impractical to tax income at the very high rates needed to address inequality, while constitutional restraints likely make it impossible to tax principal (wealth) directly.

This problem can be solved by marrying the two approaches. The wealthiest taxpayers would be put to a choice: Pay very high income tax rates, or pay more typical income tax rates along with a wealth tax. Because the proposed wealth tax would be voluntary, it should avoid the constitutional difficulties that bedevil a conventional wealth tax. And because the increase in income …

Constitutional Structures In Private Law And The Example Of Waste Law, Fraley, Jill M.

Santa Clara Law Review

This Article proposes three criteria for when a private law mechanism performs a structural constitutional function: when it constrains present authority in the name of future stability, when it disperses enforcement to avoid centralized authority, and when it has structural entrenchment to avoid ordinary displacement. While many private law doctrines contain constitutional resonances or echo rights, the core of constitutional law is the power structure—a precondition for the protection of those rights. Constitutional structures have three key components: self-binding through time, separation and diffusion of power, and entrenchment beyond ordinary politics. For a private law doctrine to do more than …

What Ai Can’T Say: Oral Competence In Legal Education, Ho, Cynthia M.

Santa Clara Law Review

This Article brings together two critical conversations rarely considered in tandem – the impact of generative AI (GenAI) on legal education and the need for more practical skills – and argues for a shared solution centered on oral communication skills. Law schools have historically devoted substantial attention to teaching students how to write like lawyers, but not how to speak like one. Although a long-standing imbalance, the widespread use of GenAI in written work provides an additional urgent reason to place more emphasis on oral assignments.

This Article argues that doctrinal classes offer an underused, scalable opportunity to develop oral …

Don’T Breathe In: The Dangers Of Ssm Events And Why Repealing Affirmative Defenses Falls Short, Spring, Gillian

Santa Clara Law Review

From the Louisiana and Texas Gulf coasts to Wilmington, California, communities face disproportionately high cancer risks linked to excess hazardous emissions. This article examines the longstanding regulatory gaps that allow industrial facilities to emit excess levels of hazardous air pollution during startup, shutdown, and malfunction (SSM) events. Despite the Clean Air Act’s enacted framework for controlling emissions, the EPA has created exemptions and affirmative defenses that shield polluters from civil penalties even when emissions exceed legal limits. Excess pollution emissions occur when air pollution levels exceed what is considered safe for human ingestion. When communities are subjected to certain pollutants, …

The Constitutional Ramifications Of Grants Pass, Galdamez, Alanis, Conway, Nicholas D., Slatkin, Ellen M.

Santa Clara Law Review

The brief and ambiguous wording of the Eighth Amendment has permitted courts to adopt a variety of interpretations. These interpretations have been applied inconsistently through different periods of the Amendment’s history, but the U.S. Supreme Court has never established a singular, definitive method for interpreting the Amendment. That is, until the 2024 decision in City of Grants Pass, Oregon v. Johnson, where the Court rejects any interpretation of the Eighth Amendment that is not strictly originalist in nature. This article analyzes the Court’s reasoning in Grants Pass and explores the potential consequences of adopting such a narrow interpretation of the …

Criminalizing Survival: How The Grants Pass Decision Is Intensifying The Homelessness Crisis In California And Beyond, Riley, Laura

Santa Clara Law Review

This article examines the intensifying criminalization of homelessness in the United States since the Supreme Court’s 2024 decision in Grants Pass v. Johnson, which removed the ability of people to challenge laws under the Eighth Amendment’s Cruel and Unusual Punishment Clause that prohibit survival behaviors in public places like sitting, sleeping, or lying down. The article explores the legal and practical challenges in documenting criminalization of homelessness, analyzes national and California-specific legislative trends and enforcement practices, and assesses the impacts on unhoused populations. The article concludes with policy recommendations to shift the state of homelessness criminalization from one of punitive …

Analysis Of Policies And Incentives For The Successful Implementation Of Hydrogen-Fueled Medium-Duty And Heavy-Duty Vehicles In Humboldt County, California, Alka Verma

Cal Poly Humboldt theses and projects

The 21st century has seen a significant rise in global greenhouse gas (GHG) emissions, with the transportation sector contributing 23% of these emissions. Medium-duty and heavy-duty vehicles (MD/HD) are particularly impactful, accounting for over a quarter of transport-related emissions. In Humboldt County, California, transportation represents 53% of total emissions, with MD/HD vehicles being a major contributor. As light-duty vehicles shift to zero-emission alternatives, the MD/HD sector faces unique challenges. Hydrogen fuel cell vehicles offer a promising solution, providing longer range, higher energy density, and quicker refueling compared to battery electric vehicles (BEVs). These features make hydrogen an attractive option for …

Foreword, Jedediah Britton-Purdy, Justin Deystone

Publications

No abstract provided.

Law As A Form Of Life: On Capitalism And Critical Theory, Justin Deystone

Publications

No abstract provided.

The Borderline Constitution, Pratheepan Gulasekaram

Publications

This Feature identifies and theorizes a distinct constitutional regime that federal courts have constructed at, adjacent to, and because of the nation’s border. Drawing together strands of First, Fourth, Fifth, and Fourteenth Amendment law, along with habeas doctrine, constitutional torts, tribal sovereignty, and separation-of-powers concerns, this Feature demonstrates how constitutional guarantees systematically recede in the border’s shadow. These deviations from canonical and mainstream constitutional norms authorize intrusive state invasions of privacy and other fundamental rights, abdicate judicial oversight in favor of outsized executive discretion, and entrench racial and religious subordination.

The Feature further demonstrates that the effects of border exceptionalism …

The Law Of Health Equity, Govind Persad

Publications

Since 2025, health equity has faced increasing hostility from federal courts, agencies, and the executive branch. Yet health equity’s promise—to narrow stark health gaps along racial, economic, and other lines—remains urgent and widely endorsed by states, localities, and nongovernmental actors. Evaluating how health equity efforts might falter under or surmount these challenges requires understanding their legal underpinnings: the law of health equity.

This Article is the first in legal scholarship to comprehensively examine federal, state, and private sector health equity commitments. It reveals sustained societal recognition of health equity’s importance, while highlighting the need for more precise and actionable definitions. …

The Public Franchise Tradition As A Limit On Patent Takings, Laura E. Dolbow

Publications

A longstanding debate exists over whether patents are forms of “private property” that the Takings Clause protects. Recently, in a different context, the Supreme Court stated that a patent is a specific form of property: a public franchise. Several scholars have argued that the public franchise characterization means patents are not protected by the Takings Clause at all. This Article identifies another potential implication of the public franchise framing. It argues that even if patents are viewed as protected by the Takings Clause, the public franchise framing suggests that the scope of that protection should be quite narrow.

To explore …

The Spac Clock, Andrew A. Schwartz

Publications

Special purpose acquisition companies (SPACs) are public companies organized to die. Unlike ordinary corporations, which enjoy perpetual existence by default, SPACs are legally required to consummate a merger within a fixed period--usually two years, never more than three--or else liquidate and return investors' cash.

This Article takes that clock seriously and argues that limited life is foundational to the SPAC form: it disciplines sponsors by preventing indefinite warehousing of capital, reassures investors by guaranteeing liquidity, and makes the form marketable in the first place. A perpetual SPAC would be good for nobody.

At the same time, the SPAC clock distorts …

Climate Last Resorts, Michael Pappas

Publications

The United States faces a climate crisis, an affordable housing crisis, and, linking them both, an insurance crisis. At the intersection of these concurrent predicaments lie a set of little-known but surprisingly impactful policies: state Insurer of Last Resort (ILR) programs. ILRs are state policies that provide property insurance when private insurance is unavailable, such as when private insurers determine that climate hazards are too risky to underwrite.

This Article argues that long-overlooked ILR programs are quickly becoming lynchpins for addressing some of today’s most pressing concerns around climate, housing, and insurance. Accordingly, ILRs bear urgent attention and reevaluation. In …

The Jurisprudence Of Baseball: Private Versus Public Litigation, Ahmed E. Taha

Dickinson Law Review (2017-Present)

Like every sport, baseball operates as a legal system, complete with laws that govern play and a process for resolving disputes that occur during the game. The large majority of these laws are enforced through a type of public litigation: umpires are responsible for detecting infractions and imposing the mandated penalties. However, unlike in every other sport popular in the United States, certain laws are enforced through a type of private litigation: the appeal play. Umpires do not declare those infractions unless the other team appeals to an umpire that the infraction occurred. A substantial body of legal scholarship explores …

From Privacy To Profit: The Evolution Of Name, Image, And Likeness Rights And The Revolution In College Athletics Toward Collegiate Capitalism, Donald M. Remy

Dickinson Law Review (2017-Present)

The story of Name, Image, and Likeness (NIL) rights in American law is one of adaptation, transformation, and ultimately, revolution. What began as a modest recognition of personal dignity in the late 19th century has evolved into a multibillion-dollar framework that has fundamentally altered the landscape of college athletics. The journey from Samuel Warren and Louis Brandeis’s seminal articulation of the “right to be let alone” to the June 2025 approval of the House v. NCAA¹ settlement represents not merely a doctrinal evolution but a profound shift in how American society conceptualizes the relationship between identity, commerce, and fair …

Name, Image, Likeness And The Great American Pastime, Barbara Lauriat

Dickinson Law Review (2017-Present)

The ability of high-profile athletes to commercialize name, image, and likeness (NIL) rights is at the center of many current controversies about the future of college sports in the United States. This Article describes how what we call NIL protection— largely based on publicity rights doctrines developed in the mid-20th century—is historically recent, conceptually unstable, and insufficiently scrutinized, even though it now underwrites major entertainment markets in sports. Just as baseball is a sport particularly identified with the United States, there is also a peculiarly American approach to the protection of persona. Using baseball as the central case study, the …

Losing Your Driver’S License; Just What The Doctor Ordered?, Shawna Traver

Dickinson Law Review (2017-Present)

Having a medical scare or living with a chronic medical condition is a common experience for many people in the United States. But should you go to a doctor in Pennsylvania and tell them of your condition or experience, a little-known law may force the doctor to report you to the Pennsylvania Department of Transportation— without your knowledge. Once the report is received, the Department can recall your license. You can attempt to restore your license by attending a hearing, though you are fighting an uphill battle. Essentially, Pennsylvania drivers may be blindsided by a license recall merely because they …

Beyond Amateurism: The Evolving Role Of Sports Agents In The Nil Era, Madison Taylor

Student Works

No abstract provided.

Caught In The Web: The Resolution Of The Internet Service Provider Contributory Copyright Infringement Split, Olivia F. Johnson

Cybaris®

No abstract provided.

Are Courts Developing A Consistent Standard For Sanctioning Attorneys Who Misuse Genai In Legal Filings?, Natalia Borges

Honors Undergraduate Theses

This thesis examines whether Florida courts are developing an emerging statewide standard governing attorney use of generative artificial intelligence in litigation and whether this trend supports the need for formal statewide codification. This study addresses growing concerns about fabricated citations, unverified legal research, attorney sanctions, and inconsistent disclosure practices as generative artificial intelligence becomes integrated into legal drafting and research. This research reviews the Florida Rules regulating the Florida Bar, ethics guidance on generative AI, Florida procedural certification requirements, disciplinary actions, and administrative orders from Florida judicial circuits that require disclosure and verification of artificial intelligence use in court filings. …

On Bended Knee: A Legal Analysis Of Colin Kaepernick’S Grievance And The Broader Implications Of Activism In Professional Sports, Ayoka Smith

Student Works

No abstract provided.

Market Failure In Mixed Martial Arts: Antitrust Constraints And The Need For Statutory Reform In Mma, Martin Adams

Student Works

No abstract provided.

Two Dogmas Of Free Speech Doctrine, David R. Dow

Oklahoma Law Review

No abstract provided.

Preempted Or Permitted? State Immigration Enforcement, Federal Preemption, And The Future Of Immigration Policy, Aryn Kerr

Oklahoma Law Review

No abstract provided.

Oklahoma’S Bible Policy: The Evolving Establishment Clause From Lemon To Kennedy, Carson Douglas Shaw

Oklahoma Law Review

No abstract provided.