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 defense

This Article brings together two critical conversations rarely considered in tandem – generative AI’s impact 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 this is a long-standing imbalance, the widespread use of generative AI in written work prov

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

The Ninth Circuit will soon decide if five anonymous programmers can claim as much as $9 billion in statutory damages from OpenAI and GitHub for violations of an obscure law outlawing infringement-enabling removal or alteration of “copyright management information” (CMI). This Article closely analyzes that law, which is codified as §1202 of Title 17 of the U.S. Code. The law is remarkable in several respects. Statutory damages available for §1202 violations far exceed those a

This issue of the Santa Clara Law Review brings together scholarship grappling with some of the most pressing legal questions emerging from rapid technological and social change. The Articles in this volume examine topics ranging from copyright law in the age of artificial intelligence to the constitutional role private law doctrines can play, as well as the growing importance of oral advocacy and communication skills in legal education. Although these pieces engage very diff