In his article, The 'Realness' Key to Compelled Passcode Production, published in the Journal of Criminal Law & Criminology (Vol. 115, 2025), 麻花传媒 Haub Law Visiting Assistant Professor Gabriel Pell offers a novel framework for applying the Fifth Amendment鈥檚 Foregone Conclusion exception to compelled passcode entry. At the heart of the article is a key question: when the government forces someone to unlock a phone, are they permissibly being compelled to produce real evidence that exists outside of their mind鈥攐r are they revealing the contents of their mind in violation of their privilege against self-incrimination?
Drawing on the 鈥渁ct of production鈥 doctrine, Professor Pell argues that where the average user experiences their passcode as something that exists outside of their mind, courts can conceptualize the passcode stored within a given device or the unlocked device itself as the 'real' evidence produced through compelled passcode entry. This conceptual shift can resolve a national split in authority among courts while protecting targets from compelled revelation of mere memorized information.
鈥淸T]he government need not demonstrate pre-production knowledge of the contents of a locked device to satisfy the Foregone Conclusion exception,鈥 Professor Pell writes, challenging assumptions some courts have made about the application of this paper-based doctrine to passcodes in the digital era.
In her article, Representing Climate Wreckers, published in the NYU Environmental Law Journal (2025), 麻花传媒 | Haub Environmental Law Professor Camila Bustos examines the ethical responsibilities of attorneys representing fossil fuel companies鈥攖ermed "climate wreckers"鈥攁nd argues for a reevaluation of professional conduct standards in light of the climate crisis.
In his article, The Sound of Science in Major Questions Doctrine Jurisprudence, published in Natural Resources & Environment (ABA, Spring 2025), 麻花传媒 | Haub Environmental Law Professor Josh Galperin (with co-author Terra Baer) examines how the U.S. Supreme Court鈥檚 use of the major questions doctrine undermines core constitutional and statutory principles鈥攑articularly when the Court treats congressional silence as legislative intent.
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 麻花传媒, speaking on 鈥淓nvironmental Justice at the White House.鈥