This issue of the Santa Clara Law Review  brings together a diverse collection of scholarship at the intersection of private law, emerging technology, and evolving regulatory frameworks. Our contributors examine foundational contract doctrines, including remedies for breach of forum selection clauses, while also addressing modern challenges such as algorithmic liability and the integration of artificial intelligence into legal analysis. The issue further explores innovative a

Abstract: 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.

Abstract: 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 n

Abstract : 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 pr

Abstract : 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 fa

Abstract : In June 2022, the Supreme Court articulated a new standard of judicial review for Second Amendment cases in New York State Rifle & Pistol Association, Inc. v. Bruen. Though the Court claimed that Bruen’s “history and tradition” standard was consistent with previous Second Amendment analyses, lower courts struggled to apply it. Two years later, the Court revisited Bruen for the first time in United States v. Rahimi. However, Rahimi came with a unique set of facts –

Abstract : In the last twenty years, social media has undergone a massive transformation. What began as a medium to connect with friends has evolved into a multi-billion-dollar industry where influencers reign supreme, profiting from their online personas. This opportunity is not limited to those old enough to operate their own accounts. The recent rise of child influencers, known as “kidfluencers,” enables parents to profit from sharing aspects of their children’s lives on