AV

Research and Scholarship

The Sound of Science in Major Questions Doctrine Jurisprudence

Posted
June 6, 2025

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.

More from Pace

Elisabeth Haub School of Law at Pace University 2025 Environmental Law Collaborative Group Photo of Participants
Research and Scholarship

“Blue Sky Thinking in a Red Sky World”: Environmental Law Scholars Chart a…

Over the course of three days, the Environmental Law Collaborative (ELC) convened in Briarcliff Manor, New York to discuss “Blue Sky Thinking in a Red Sky World.” The ELC comprises a rotating group of law professors who assemble every other year to think, discuss, and write on an important and intriguing theme in environmental law. This year, the group focused on how to think optimistically and proactively about environmental protection when so much is going so quickly in the opposite direction.

Lissa Griffin, Professor at the Elisabeth Haub School of Law
Research and Scholarship

Legal Professional Privilege in a Digital World: A Comparative Analysis

In her article, “Legal Professional Privilege in a Digital World: A Comparative Analysis,” published in Volume 15 of the British Journal of American Legal Studies(Spring 2025), Pace Haub Law Professor Lissa Griffin and co-author Dan Jasinski explore the evolving challenges to legal professional privilege in an increasingly digitized criminal justice system.

Gabriel Pell, Visiting Assistant Professor at Elisabeth Haub School of Law at Pace University
Research and Scholarship

The 'Realness' Key to Compelled Passcode Production

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.