California Law Review

In January 2026, Anthropic published something unprecedented: a 79-page “constitution” for its AI model Claude. The document is remarkable. It is not a terms of service agreement. It is not a list of prohibited outputs. It is, as the company describes it, “a detailed description of Anthropic’s inten

To the public, Learning Resources v. Trump was a fierce condemnation by the Roberts Court of President Donald Trump’s brash assertions of constitutional power. The Supreme Court flatly rejected the claim that the International Emergency Economic Powers Act (IEEPA) provision empowering the Presiden

Brokering Safety identifies a failure of privacy law: the tendency to allocate responsibility to individuals through opt-out and deletion rights, even as informational harm is generated by distributed systems capable of reconstructing, predicting, and targeting individuals over time. Privacy self-m

‍Companies in the networked information economy collect personal data to provide their services. Businesses are also always keen to develop other ways to monetize this consumer information. A handful of the largest leverage their platforms to serve content or ads on behalf of paying advertisers. Aft

‍Tragically, U.S. privacy law has neglected to address a significant dimension of privacy. While lawmakers and judges have routinely recognized intrusions into our secluded spaces and breaches of our confidentiality and secrecy, they have largely failed to protect our most common yet also our most u

Before Ashcroft v. Iqbal , and its companion predecessor Bell Atlantic Corp. v. Twombly , a pleading only had to provide proper notice and set forth claims that were legally sufficient. But Twombly and Iqbal added a new factual-sufficiency standard to the pleading test: The nonconclusory alleg

‍In a stunning expansion of presidential powers, the Supreme Court in Trump v. Slaughter ov erruled a ninety-y ear-old precedent and held that Congress cannot limit the President’s power to remove heads of federal agencies. This is a major lessening of checks and balances and again shows the s

‍Pretextualism—the use of formalistic legal logic to mask unstated motives under a misleading cover story—has a long, troubling pedigree in American jurisprudence. Louisiana v. Callais exemplifies its modern revival. Justice Samuel Alito, writing for a six-justice majority, deployed this deceptive

‍For those of us who are both Supreme Court watchers and World Cup fans, there was an odd convergence of worlds with the hand-down of Trump v. Barbara on June 30, 2026, the last day of the Supreme Court’s annual Term, and the United States Men’s National Soccer Team’s trials and tribulations that