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’s use of the major questions doctrine undermines core constitutional and statutory principles—particularly when the Court treats congressional silence as legislative intent.
“Silence does not signal intent,” they write. “It signals the limits of a complex and deliberative lawmaking process.”
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—and not replacing it with judicial speculation—is 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’s 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—termed "climate wreckers"—and 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 Pace University, speaking on “Environmental Justice at the White House.”