In his article, The Sound of Science in Major Questions Doctrine Jurisprudence, published in Natural Resources & Environment (ABA, Spring 2025), Pace | Haub Environmental Law Professor Josh Galperin (with co-author Terra Baer) examines how the U.S. Supreme Court鶹ýs use of the major questions doctrine undermines core constitutional and statutory principles鶹ýparticularly when the Court treats congressional silence as legislative intent.
鶹ýSilence does not signal intent,鶹ý they write. 鶹ýIt signals the limits of a complex and deliberative lawmaking process.鶹ý
The authors argue that this judicial overreach threatens the foundations of the regulatory state and bypasses mechanisms like the Congressional Review Act, which already provides a clear process for reviewing major agency rules. Recognizing that process鶹ýand not replacing it with judicial speculation鶹ýis essential to preserving democratic accountability.
In his article, The 'Realness' Key to Compelled Passcode Production, published in the Journal of Criminal Law & Criminology (Vol. 115, 2025), Pace Haub Law Visiting Assistant Professor Gabriel Pell offers a novel framework for applying the Fifth Amendment鶹ýs Foregone Conclusion exception to compelled passcode entry.
In her article, Representing Climate Wreckers, published in the NYU Environmental Law Journal (2025), Pace | Haub Environmental Law Professor Camila Bustos examines the ethical responsibilities of attorneys representing fossil fuel companies鶹ýtermed "climate wreckers"鶹ýand argues for a reevaluation of professional conduct standards in light of the climate crisis.
On November 6, Professor Justin Pidot of the University of Arizona delivered the annual Gilbert and Sarah Kerlin Lecture on Environmental Law at the Elisabeth Haub School of Law at 鶹ý, speaking on 鶹ýEnvironmental Justice at the White House.鶹ý