Digital Commons Network^™

The Confined Life: Restrictions On Post-Conviction Sex Offenders Meets Habeas Corpus's "In Custody" Requirement, Christian Futch

Georgia Criminal Law Review

Clements v. Florida is a recent Eleventh Circuit decision holding that the court could not hear the habeas petition of a post-conviction sex offender in Florida since he failed to meet the “in custody” requirement for filing a habeas petition. However, the Eleventh Circuit did not consider the land restrictions in place against the petitioner and other sex offenders in Florida. This decision may leave sex offenders without an avenue to challenge the restrictions in place against them. Such restrictions have led to homelessness and poverty leaving sex offenders with no place to work or live, in poverty, as outcasts …

Misreading The Federal Child Pornography Statutes, Owen Senders

Georgia Criminal Law Review

For the past 40 years, federal courts have committed two grievous textual errors in interpreting the federal child-pornography statutes and sentencing guidelines. These errors have caused hundreds of wrongful convictions—many the bases for decades-long sentences—and have produced a body of caselaw that is profoundly incoherent and in direct conflict with basic tenets of First Amendment doctrine. They have also likely endangered children. This article identifies these errors, surveys their consequences, and suggests legal arguments for people charged or convicted under the child-pornography statutes.

The first error impacts the application of all of the federal child-pornography statutes and sentencing guidelines. These …

Directing Unconstitutional Verdicts: When Judges Become Jurors On Self-Defense, Anjali Pathmanathan

Georgia Criminal Law Review

The right to self-defense is one of the oldest and most universal concepts in Anglo-American criminal law and criminal procedure. Under this defense, an accused person, who honestly believed that using force was necessary to protect themself from imminent danger, did nothing criminal even if another person was harmed as a result. To assert self-defense at trial, however, the accused must admit to intentionally committing the forceful acts alleged to explain how they only used such force to save themself from immediate harm. Once an accused has made such a grave admission, the jury must consider whether the force was …

Filling The Sackett Gap: The Private Governance Option, Michael P. Vandenbergh, Elodie O. Currier Stoffel, Steph Tai

Minnesota Law Review Vols. 106:2 onward (2021-present)

The Supreme Court’s decision in Sackett v. EPA reversed fifty years of federal Clean Water Act wetlands protections and removed federal oversight from roughly half of the wetlands in the United States. This Article proposes a viable new conceptual model and tools to close the Sackett Gap—the gap between the wetlands protected before and after Sackett. Scholars have argued for federal measures to fill the Sackett Gap, but these actions face substantial challenges. Congress is unlikely to adopt new wetlands legislation, agencies are constrained by Sackett’s expansive language, the end of Chevron deference, and the 2024 presidential election, and lower …

Renewable Energy Federalism 2.0, Danielle Stokes

Minnesota Law Review Vols. 106:2 onward (2021-present)

Much like climate change, the clean energy transition presents a “super wicked” problem that is further complicated by prioritizing justice. History has taught us that government regulation, industry innovation, and community engagement are the catalysts of effective transitions. Similarly, the just energy transition requires the support of these interconnected networks. This Essay offers sustainable collaborative governance as a theoretical framework through which decision-makers may filter their assessments, industry can model its metrics, and community can develop language to articulate its needs. Sustainable collaborative governance is also a means of navigating the complexities of renewable energy siting and regulation while fostering …

Catching Nutients In A Net: Collective Action, Institutional Impediments, And The Mississippi River Watershed, Jonathan Rosenbloom

Minnesota Law Review Vols. 106:2 onward (2021-present)

Thousands of local governments in the Mississippi River watershed possess regulatory land use authority. From a narrow law and economics standpoint, when these entities extract from, add to, or pollute the watershed, it may appear as a classic tragedy of the commons problem. The tragedy sounds something like this: local governments act “rationally” to avoid regulating in a way that reduces pollution in the waterway because such regulation would increase costs. Further, local governments avoid paying the costs associated with treating or reducing the level of contaminants in the water before ushering them downstream. While this analysis might partially explain …

The Four Horseman Of The New Separation Of Powers: The Environmental Law Implications Of West Virginia, Sackett, Loper Bright, And Corner Post, Erin Ryan

Minnesota Law Review Vols. 106:2 onward (2021-present)

This Article explores how several of the Supreme Court’s most recent environmental decisions—West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo—will shift the constitutional balance of power, and how the polity might respond. Under the pretense of safeguarding legislative power, they consolidate judicial power to decide regulatory issues formerly delegated by the legislature to executive agencies. In so doing, the Court weakened specific environmental laws protecting air, water, and fisheries but also regulatory governance more broadly, by rejecting implementing regulations until Congress acts to specifically authorize them. Corner Post v. Federal Reserve furthers the deregulatory project by …

The Bogeyman Of Environmental Regulation: Federalism, Agency Preemption, And The Roberts Court, Kamaile A.N. Turčan

Minnesota Law Review Vols. 106:2 onward (2021-present)

In a trio of environmental cases—West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo—the Roberts Court curtailed the federal regulatory power and produced corresponding deregulatory outcomes under seemingly neutral legal principles. This Article interrogates the doctrinal coherency of the Roberts Court’s jurisprudence by applying the rationales of these cases to climate change litigation. Climate change policies advanced by state and local governmental plaintiffs represent the inverse of what the Court has previously rejected. The regulatory burdens arise under state, not federal, law. In this analysis, the Article advances a previously undertheorized aspect of the trio’s combined effect: …

Foreward: Environmental And Energy Regulation Reformation: Challenges And Solutions After West Virginia V. Epa, Sackett V. Epa, And Loper Bright Enterprises V. Raimondo, Shannon Schooley

Minnesota Law Review Vols. 106:2 onward (2021-present)

No abstract provided.

The Clean Water Act And Avoidance Creep, Jack H.L. Whiteley

Minnesota Law Review Vols. 106:2 onward (2021-present)

In Sackett v. EPA, the Supreme Court set out a test for the Clean Water Act’s jurisdiction over wetlands. The Act, the Court held, protects only those wetlands that have a continuous surface connection to relatively permanent bodies of water like streams, rivers, and lakes. If the connection lies below the surface, or is at the surface but discontinuous, the wetlands are presumed to fall outside the Act’s protections. The ruling, which abruptly curtailed how each administration since the 1970s had understood the Clean Water Act’s jurisdiction, has generated persuasive criticism from environmental scholars. In this Essay, prepared for the …

The Impact Of Loper Bright V. Raimondo: An Empirical Review Of The First Six Months, Robin Kundis Craig

Minnesota Law Review Vols. 106:2 onward (2021-present)

One of the most impactful decisions of the U.S. Supreme Court’s 2023–2024 term was Loper Bright Enterprises v. Raimondo, which overruled the forty-year-old administrative law doctrine of Chevron deference. This doctrine allowed federal agencies to interpret ambiguities in the statutes that they administer. Courts cited Chevron over 18,000 times in its forty-year existence, or roughly 450 times a year—more than once a day, on average. Small wonder, then, that in the first six months after the Supreme Court decided Loper Bright, courts cited it more than 400 times. This article provides an empirical review of what courts are doing with …

Water Flowing Down Wall Street, Vanessa Casado Pérez

Minnesota Law Review Vols. 106:2 onward (2021-present)

Water scarcity is a perennial problem with dire consequences for the United States and governments around the world. A lack of adequate water resources is a systematic cause of environmental harm, economic damage, and societal division. Climate change has exacerbated these problems making water even more valuable and essential. Financial actors have turned water into the new oil. These large financial actors profiteer from buying and selling water without any interest in its actual use as an input of production. Instead, they typically seek to hold these rights until dire situations, like droughts and fires, cause temporary, but large, spikes …

Sosiologi Hukum Dan Perubahan Sosial: Studi Kasus Uu No. 35 Tahun 2014 Tentang Perlindungan Anak Sebagai Respon Terhadap Kesadaran Sosial Yang Meningkat Akan Hak Anak, Fahrul Rozi

Jurnal Hukum & Pembangunan

Dalam konteks sosial yang dinamis, kesadaran akan hak anak telah meningkat, terlihat dari perhatian masyarakat terhadap isu-isu seperti kekerasan, eksploitasi, dan diskriminasi. Meskipun UU No. 35 Tahun 2014 memberikan kerangka hukum yang kuat untuk melindungi hak-hak anak, tantangan dalam pelaksanaannya masih ada, termasuk kurangnya sumber daya dan koordinasi antar lembaga. Anak jalanan, sebagai kelompok yang paling rentan, sering kali terjebak dalam siklus kemiskinan dan stigma sosial, yang menghambat upaya perlindungan. Menekankan pentingnya edukasi dan sosialisasi mengenai hak anak, serta peran aktif masyarakat dan media dalam mendukung perlindungan anak. Dengan kolaborasi antara pemerintah, masyarakat, dan lembaga swadaya masyarakat, diharapkan hak-hak anak …

Penyalahgunaan Kekuasaan Dan Viktimisasi Proyek Strategis Nasional Di Pulau Rempang, Dandi Jayusman, Annarentika Faajra Shakhila, Benedikta Wewieta Li Pena, Elly Saskia, Esterlita Nova Yaser Rantung, Heni Nur Febriyanti, Athifah Danika Pramesti

Jurnal Hukum & Pembangunan

Implementing the National Strategic Project (PSN) on Rempang Island caused controversy over the abuse of power that harmed some local communities. This research aims to analyze the conception of victims of abuse of power in the implementation of PSN, the structural victimization of PSN, the impact of PSN victimization, and the regulation of the rights of people affected by PSN. The research method used is doctrinal research with statutory regulations, victimology, and case approaches. The study shows that communities who experienced repression and violence during the implementation of PSN on Rempang Island are victims of abuse of power. Structural victimization …

Director, Military Cyber Institute, Joseph Schafer

Military Cyber Affairs

No abstract provided.

Throughput Of Ascon Compared With Popular Iot Encryption Algorithms, Mitchel R. Harvey (Ryan), Andrew M. Kaiser, Garrett W. Hoiness

Military Cyber Affairs

No abstract provided.

Anomaly Detection Of Network Layer Attacks Against Cyber Physical Systems Using Machine Learning And Deep Learning Techniques, James Alger, Michael Tu

Military Cyber Affairs

This research paper presents the analysis of using machine learning and deep learning algorithms on detecting anomalous network traffic in Cyber-Physical Systems (CPS). Using a real PLC CPS-based system, normal and anomalous network traffic will be captured using Wireshark. The research analyzes a DDoS attack. The focus of the research is to identify the most effective feature combinations and evaluate them on ML and DL models. The emphasis is on enhancing detection strategies rather than exploiting device vulnerabilities. The detection of network attacks often involves handling a vast array of high-level features. Previous studies (Li & Chasaki, 2022) apply machine …

Characterizing Caldera’S Cyber Attack Emulation Capabilities, Caleb Chang, Matthew Cao, Kenyou Teoh, Ekzhin Ear, Shouhuai Xu

Military Cyber Affairs

Autonomous cyber attack emulation can aid cyber defenders to identify and remediate cyber risks. MITRE’s Caldera software is the state-of-the-practice for automated attack emulation. Yet, it has not been systematically analyzed, putting its performance and effectiveness into question. This paper systematically characterizes Caldera’s architecture, abilities and use cases, and assesses its strengths and weaknesses. It draws useful insights, such as: Caldera excels in stealthy access and execution tactics to pilfer data against Windows operating systems. It also discusses two directions for Caldera improvement: module-level automation and end-to-end attack emulation.

The Digital Battlefield: Safeguarding Military Drones Against Cyberattacks, Jason Ashong, Arun Venkitanarayanan, Benjamin Yankson

Military Cyber Affairs

The Internet of Battlefield Things (IoBT) is an advanced network of interconnected devices that significantly enhance military operations through real-time data exchange and situational awareness. While IoBT offers tactical advantages like improved surveillance, reconnaissance, and operational effectiveness, it also introduces substantial cybersecurity risks. Adversaries can exploit vulnerabilities within these networks, potentially compromising mission integrity and national security. This research examines the cybersecurity measures of commercial drone controllers and their correlation with military devices. It aims to enhance future vulnerability assessments with advanced tools and approaches to better secure critical military operations. The study highlights the need for robust security architectures …

Using Blockchain Technology To Help Secure America's Defense Critical Infrastructure, Vimal Buck, Aerin Krebs, Brynn Hillard, Jakob Gerha, Joseph Lutma, Srikar Maduposu, Ted Allen

Military Cyber Affairs

Critical water infrastructure in the United States faces increasing cybersecurity threats from state-sponsored actors, with potentially devastating consequences for national security, economic stability, and public health. (Cybersecurity and Infrastructure Security Agency, 2025). This infrastructure supports defense critical assets and is actively being targeted by various state-sponsored hacking groups, which poses a major concern for civilians and military alike. K. Herath (personal communication, February 24, 2025) reported being aware of two attacks on Ohio water systems during his tenure as Cybersecurity Strategic Advisor to Ohio Governor Mike DeWine.

Water is essential to everyday life and defense and presents as a high-value …

Network And Multipath Traceroute Visualization, Cameron Makowski

Military Cyber Affairs

TraceCam introduces a new paradigm in network path analysis, leveraging GPU-accelerated WebGL visualization, advanced traceroute integrations, and AI-driven insights to transform complex routing data into actionable intelligence. Early prototypes have demonstrated significant improvements in performance, clarity, and multi-path discovery, overcoming traditional limitations in traceroute analysis. By incorporating retrieval-augmented language models and enriched metadata sources like IPinfo.io, TraceCam enables automated anomaly detection, contextual explanations, and rapid root-cause analysis, enhancing operational efficiency. The platform’s architecture ensures scalability and adaptability, supporting deeper investigations and real-time situational awareness. Future development will focus on clustering-based anomaly detection, expanded geographic visualizations, and enhanced AI-generated analysis to …

Quantifying Adversary Military Forces’ Susceptibility To Cognitive Attacks, Bonnie Rushing, Cole Nelson, Shouhuai Xu, Christofer “Raven” O’Keefe, Olga Karpoyan

Military Cyber Affairs

This paper introduces a method to quantify international populations’ susceptibility to cyber cognitive attacks using press freedom and media trust metrics. We present the Cognitive Influence Calculator, a tool that estimates susceptibility (𝑆) based on Press Freedom Scores (PFS) and media trust levels. Findings show that while authoritarian regimes are harder to reach, successful cognitive attacks have greater impacts due to higher trust in state-controlled narratives. Using U.S. wargaming data and international trust metrics, we compute susceptibility scores for the U.S., Russia, China, Iran, and North Korea. Results show an inverse relationship between PFS and media susceptibility, with local/allied …

Forward, Amy Hamilton

Military Cyber Affairs

No abstract provided.

Understanding Russia’S Cyber Policies, Strategies, And Doctrines, Bryan Hancock, Hanh Nguyen, Olga Karpoyan, Ekzhin Ear, Shouhuai Xu

Military Cyber Affairs

This study analyzes the strengths and weaknesses of Russia’s cyber policies, strategies, and doctrines through a systematic set of attributes, leading to key insights: (i) Russia has proactively adapted its cyber policies, strategies, and doctrines to its evolving environment; (ii) Russia actively conducts cognitive warfare, but remains equally vulnerable to it; and (iii) Russia’s cyber posture faces significant challenges, including a limited technological base, shortage of skilled personnel, and restrictive approach to information control, all of which undermine the effectiveness of its strategies. These insights offer valuable implications for US Cyber Command and the Department of Defense.

Characterizing Cyberattacks Against Operational Technology Infrastructures Through The Lens Of Attack Flows, Sherman Kettner, Caleb Chang, Ekzhin Ear, Shouhuai Xu

Military Cyber Affairs

Operational Technology (OT) infrastructures play a critical role in modern society and economy. However, their increasing connectivity with public networks such as the Internet has made them vulnerable to cyberattacks, much like traditional Information Technology (IT) systems. In particular, cyberattacks against OT infrastructures remain relatively underexplored and little understood. In this paper, we aim to deepen our understanding of cyberattacks against OT infrastructures. For this purpose, we propose a methodology, including novel cybersecurity metrics to analyze the attack flows of these attacks in an end-to-end fashion, which allows us to draw useful insights. We demonstrate the utility of the methodology …

Christianity, Conception, And Consciousness: Why A Conscious Human Mind Is Necessary To Fulfill The Conception Requirement, Vittoria L. D'Addesi

Liberty University Law Review

As artificial intelligence (“AI”) advances, it not only affects our daily life, but also implicates patent law. The Federal Circuit Court of Appeals has already held in Thaler v. Vidal that only a natural human person can be an “inventor” entitled to receive a patent, thereby excluding AI. The rationale in Thaler centers on statutory interpretation, leaving open the question of whether AI is capable of fulfilling the conception requirement—an essential element of qualifying as an inventor and receiving a patent. This Comment aims to expand the rationale of Thaler and argues that AI cannot fulfill the conception requirement; thus, …

Silicon Sentinels: Using Whistleblower Protections To Manage Information Asymmetry And Ai Risk, Jason Green-Lowe, Fynn Fehrenbach, Mark Reddish

Liberty University Law Review

In the rapidly evolving landscape of artificial intelligence (“AI”) development, policymakers face a critical challenge: obtaining accurate and timely information about the potential risks and impacts of advanced AI systems. This Article examines the pivotal role of whistleblower protections as a mechanism to address the information asymmetry between AI companies and government officials. Employees inside AI companies are uniquely positioned to share information that can help outside regulators make wise policy decisions, but employees might be reluctant to do so unless their decision to share that information is legally protected. We propose a comprehensive framework for AI whistleblower protections as …

Open-Source; Open-Season; Open-Fire: Google V. Oracle And The Vulnerability Of Code To Copyright Infringement By Ai Harvesting, Kent Pederson

Liberty University Law Review

In Google v. Oracle, the Supreme Court was forced to decide if Google’s copying of 11,500 lines of computer code from Oracle without permission constituted copyright infringement. Much was on the line, including precedent concerning the copyright status of millions of lines of code nation-wide. In the lengthy decision, the Supreme Court avoided the central issue of holding whether the copied “declaring code” could be protected by copyright or instead was a functional tool outside of the Copyright Act. Instead, it punted the issue, assuming for the sake of argument that the declaring code that was taken was in …

Is Ai A Horse Or A Zebra: Do Ai Free Speech Concerns Require New Legal Tools?, Jennifer Huddleston

Liberty University Law Review

In 1996, as the internet was emerging into more popular use among the general public, Judge Frank Easterbrook published Cyberspace and the Law of the Horse. In this essay and lecture, Judge Easterbrook warned against the rise of specialized law for general purpose technology and instead posited that many common law legal principles will be able to evolve. As this essay and lecture posit, new technologies provide may provide an opportunity to examine if existing legal principles function optimally, but we should be cautious of interventions in the name of protecting the public from new and rapidly evolving technologies.

Nearly …

The Measure Of A Man: Considering Science Fiction And Christianity In The Regulation Of Artificial Intelligence Models, Andrew P. Connors

Liberty University Law Review

Does artificial intelligence “think,” and if it does, what should the law do about it? This article examines popular culture and the Turing Test to assess whether artificial intelligence “thinks,” applying the author’s engineering background and his Christian worldview. The author concludes that artificial intelligence mimics rather than creates and considers the risks and benefits of artificial intelligence given that conclusion. The author suggests that legal regulation should be measured, leaving important decisions to humans while at the same time encouraging development of this important, misunderstood technology.