Law Commons^™

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 …

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 …

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 …

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.

Artificial Intelligence And Autonomous Systems In Warfighting At Sea, Nicholas Kadlec

International Law Studies

Much of the debate surrounding the military use of artificial intelligence (AI) tends to focus on lethal autonomous weapons systems. Those are systems that, once activated, can select and engage targets without further human intervention; sometimes pejoratively called “killer robots.” Moreover, debates often focus on their use and risks in land warfare. This land-warfare focus tends to invoke questions about the systems’ ability to distinguish between combatants and civilians on urban battlefields and the potential for mistakes. Legal debates about the lawfulness of AI and lethal autonomous weapons systems in warfare similarly tend to focus on land warfare and thus …

Caught In Citizenship Limbo: Lessons From The 2025 International Student Visa Crisis In The U.S, Jinke He

Critical Internationalization Studies Review

No abstract provided.

Easements As An Option For Api Access, William J. O'Reilly

Student Journal of Information Privacy Law

The debate surrounding interoperability involves commercial interests, privacy interests, and security interests. Application Programming Interfaces or APIs are a vital component of interoperability, and the possibility of regulating APIs creates tension between owners of APIs, consumers, and other parties. There are many current and proposed methods for regulation. Some are technological, some are legal. No single method completely regulates APIs, and many lack the authority that comes from established precedent. Technology regulation has previously turned to property law principles for privacy and other vital interests. By turning easement law into a framework for API governance, there is a robust tool …

A (Loper) Bright Future? Charting Federal Ai Legislation With State Blueprints In A Post-Chevron World, William B. Simpson

Student Journal of Information Privacy Law

Despite a growing proliferation of algorithmic systems across the market, the U.S. lacks a comprehensive federal AI law to address the risks posed by this technology. The 2024 Supreme Court case Loper Bright v. Raimondo, which overturned the doctrine of Chevron deference, arguably complicates the passage of such a law by constraining Congress’ ability to use ambiguous statutory language as a means of reaching legislative consensus. Nevertheless, as Congress prepares to tackle this complex issue, it can look to state legislatures that have passed AI laws amidst similar constraints. The purpose of this article is to analyze certain state AI …

Cyber Insurance For Public Housing: Confronting Market Barriers And Forging Policy Solutions, Deborah L. Johnson, William B. Simpson

Student Journal of Information Privacy Law

In 2023, the Los Angeles Public Housing Authority was hit by the LockBit ransomware gang, which claimed to have exfiltrated 15 terabytes of data. In another incident, hackers impersonated a vendor and diverted nearly $1 million in housing funds from a second California agency. Public Housing Authorities (PHAs), which handle large amounts of sensitive data, are increasingly being targeted by cyberattacks. These attacks often exploit the weak cyber defenses and broad risk profiles of these relatively unsophisticated entities. With limited resources and few avenues for recovery, PHAs are left vulnerable to, and by, cyberattacks, threatening the vital services they provide. …

The Case For A Federal Data Privacy Law From A National Security Perspective - What The U.S. Can Learn From Overseas, Theodore H. Massey Iii

Student Journal of Information Privacy Law

The collection of personal data in the private sector has grown exponentially over the years, leading to an exponential growth in the theft and the purchase of personal data by criminals and foreign adversaries. While the United States has implemented EO 14117 and the Protecting Americans’ Data from Foreign Adversaries Act of 2024 to protect against the inherent national security risks associated with data privacy, the United States must create an omnibus federal privacy law if it wishes to mitigate the national security risk. This paper introduces the reader to the increase in personal data collected by private organizations and, …

The Constitutionality Of Geofence Warrants, Sahara R. Damon

Student Journal of Information Privacy Law

In our current Information Age, new technologies are expanding faster than our legislatures can keep pace with. This has certainly been the case with “Geofence Warrants,” which are a form of reverse warrant that law enforcement has increasingly relied on to uncover perpetrators of crimes where a suspect may otherwise not be uncovered. Chatrie, the first case to be heard in a Circuit Court regarding geofence warrants, serves as a prime example of the typical context in which these warrants are employed. In Chatrie, over a week, three armed robberies took place at the same bank by what appeared to …