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 companiesýtermed "climate wreckers"ýand argues for a reevaluation of professional conduct standards in light of the climate crisis.
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 Amendmentýs 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 mindýor are they revealing the contents of their mind in violation of their privilege against self-incrimination?
Drawing on the ýact of productioný 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.
ý[T]he government need not demonstrate pre-production knowledge of the contents of a locked device to satisfy the Foregone Conclusion exception,ý Professor Pell writes, challenging assumptions some courts have made about the application of this paper-based doctrine to passcodes in the digital era.