Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 8722

Full-Text Articles in Law

Finding Law, Stephen E. Sachs Jan 2019

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and ...


Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran Jun 2018

Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran

Student Theses

This exploratory study focuses on identifying motivations for religious terrorism and Islamic terrorism in the United States in particular. Terrorism is a crime of extreme violence with the end purpose of political influence. This crime is challenging to encounter for its multi-faced characteristics, the unusual motivations of its actors, and their semi-militant conduct. The hypothesis of this study asserts that religious terrorists are radicalized by passing from fundamental to extreme devout agendas, caused by isolation from the dominant society, and resulted in high potential to impose those agendas by extreme violence. Under the theoretical framework of subculture in criminology, this ...


Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri Jun 2018

Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri

Student Theses

Bait questions—hypothetical questions about evidence, often used by detectives during interrogations—can activate the misinformation effect and alter jurors’ perceptions of the evidence of a case. Here, we were interested in investigating whether mock jurors’ implicit biases could amplify the magnitude of the misinformation effect. We accomplished this by manipulating the age and race of the suspect being interrogated. As an extension of Luke et al. (2017), we had participants read a police report describing evidence found at a crime scene, then read a transcript of a police interrogation where the detective used bait questions to introduce new evidence ...


Social Work Students’ Attitudes And Beliefs About Mental Health Courts, Nicholas Bettosini, Conrad Paul Akins-Johnson Jun 2018

Social Work Students’ Attitudes And Beliefs About Mental Health Courts, Nicholas Bettosini, Conrad Paul Akins-Johnson

Electronic Theses, Projects, and Dissertations

Mental Health Courts (MHCs) are a diversion program for mentally ill offenders in lieu of incarceration. The Substance Abuse and Mental Services Administration (SAMHSA) developed these specialized court programs in the 1990’s to assist mentally ill offenders in overcoming barriers to treatment. While new laws have begun to change the way mentally ill offenders are viewed from a law enforcement standpoint, social workers’ attitudes and beliefs about these programs have not been studied. This quantitative study’s purpose was to examine Master of Social Work (MSW) Graduate students’ attitudes and beliefs of mentally ill offenders and MHCs. Social work ...


Volume 1, Issue 2 May 2018

Volume 1, Issue 2

International Journal on Responsibility

Contents:

3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.

6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.

27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?

65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.

78 – 96 John Fairfield, Beyond non-violence to courtship.

97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.


Contents, Adfsl May 2018

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Front Matter, Adfsl May 2018

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson May 2018

A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson

Faculty Scholarship

This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible ...


Analysis Of Data Erasure Capability On Sshd Drives For Data Recovery, Andrew Blyth May 2018

Analysis Of Data Erasure Capability On Sshd Drives For Data Recovery, Andrew Blyth

Annual ADFSL Conference on Digital Forensics, Security and Law

Data Protection and Computer Forensics/Anti-Forensics has now become a critical area of concern for organizations. A key element to this is how data is sanitized at end of life. In this paper we explore Hybrid Solid State Hybrid Drives (SSHD) and the impact that various Computer Forensics and Data Recovery techniques have when performing data erasure upon a SSHD.


Knowledge Expiration In Security Awareness Training, Tianjian Zhang May 2018

Knowledge Expiration In Security Awareness Training, Tianjian Zhang

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Positive Identification Of Lsb Image Steganography Using Cover Image Comparisons, Michael Pelosi, Nimesh Poudel, Pratap Lamichhane, Devon Lam, Gary Kessler, Joshua Macmonagle May 2018

Positive Identification Of Lsb Image Steganography Using Cover Image Comparisons, Michael Pelosi, Nimesh Poudel, Pratap Lamichhane, Devon Lam, Gary Kessler, Joshua Macmonagle

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we introduce a new software concept specifically designed to allow the digital forensics professional to clearly identify and attribute instances of LSB image steganography by using the original cover image in side-by-side comparison with a suspected steganographic payload image. The “CounterSteg” software allows detailed analysis and comparison of both the original cover image and any modified image, using sophisticated bit- and color-channel visual depiction graphics. In certain cases, the steganographic software used for message transmission can be identified by the forensic analysis of LSB and other changes in the payload image. The paper demonstrates usage and typical ...


Exploring The Use Of Graph Databases To Catalog Artifacts For Client Forensics, Rose Shumba May 2018

Exploring The Use Of Graph Databases To Catalog Artifacts For Client Forensics, Rose Shumba

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud computing has revolutionized the methods by which digital data is stored, processed, and transmitted. It is providing users with data storage and processing services, enabling access to resources through multiple devices. Although organizations continue to embrace the advantages of flexibility and scalability offered by cloud computing, insider threats are becoming a serious concern as cited by security researchers. Insiders can use authorized access to steal sensitive information, calling for the need for an investigation. This concept paper describes research in progress towards developing a Neo4j graph database tool to enhance client forensics. The tool, with a Python interface, allows ...


Non-Use Of A Mobile Phone During Conducting Crime Can Also Be Evidential, Vinod Polpaya Bhattathiripad Ph D May 2018

Non-Use Of A Mobile Phone During Conducting Crime Can Also Be Evidential, Vinod Polpaya Bhattathiripad Ph D

Annual ADFSL Conference on Digital Forensics, Security and Law

Cyber-clever criminals who are aware of the consequence of using mobile phones during conducting crimes often stay away from their phones while involved in crimes. Some of them even change their handset and SIM card, subsequently. This article looks into how, intentional disassociation (and even unintentional non-use) of mobile phone in (non-cyber) crimes, can become evidential clues of the perpetrators’ involvement in criminal acts. With the help of a recent judicial episode, this article reveals how extremely careful and masterful handling of extensive and voluminous Call Details Records and tower dumps by a cyber-savvy investigating official can unearth evidential clues ...


Forensic Analysis Of The Exfat Artifacts, Yves Vandermeer, An Lekhac, Tahar Kechadi, Joe Carthy May 2018

Forensic Analysis Of The Exfat Artifacts, Yves Vandermeer, An Lekhac, Tahar Kechadi, Joe Carthy

Annual ADFSL Conference on Digital Forensics, Security and Law

Although keeping some basic concepts inherited from FAT32, the exFAT file system introduces many differences, such as the new mapping scheme of directory entries. The combination of exFAT mapping scheme with the allocation of bitmap files and the use of FAT leads to new forensic possibilities. The recovery of deleted files, including fragmented ones and carving becomes more accurate compared with former forensic processes. Nowadays, the accurate and sound forensic analysis is more than ever needed, as there is a high risk of erroneous interpretation. Indeed, most of the related work in the literature on exFAT structure and forensics, is ...


Live Gpu Forensics: The Process Of Recovering Video Frames From Nvidia Gpu, Yazeed M. Albabtain, Baijian Yang May 2018

Live Gpu Forensics: The Process Of Recovering Video Frames From Nvidia Gpu, Yazeed M. Albabtain, Baijian Yang

Annual ADFSL Conference on Digital Forensics, Security and Law

The purpose of this research is to apply a graphics processing unit (GPU) forensics method to recover video artifacts from NVIDIA GPU. The tested video specs are 512 x 512 in resolution for video 1 and 800 x 600 in resolution for video 2. Both videos are mpeg4 video codec. A VLC player was used in the experiment. A special program has been developed using OpenCL to recover 1) patterns that are frames consist of pixel values and 2) dump data from the GPU global memory. The dump data that represent the video frame were located using simple steps. The ...


Unmanned Aerial Vehicle Forensic Investigation Process: Dji Phantom 3 Drone As A Case Study, Alan Roder, Kim-Kwang Raymond Choo, Nhien-A Le-Khac May 2018

Unmanned Aerial Vehicle Forensic Investigation Process: Dji Phantom 3 Drone As A Case Study, Alan Roder, Kim-Kwang Raymond Choo, Nhien-A Le-Khac

Annual ADFSL Conference on Digital Forensics, Security and Law

Drones (also known as Unmanned Aerial Vehicles – UAVs) are a potential source of evidence in a digital investigation, partly due to their increasing popularity in our society. However, existing UAV/drone forensics generally rely on conventional digital forensic investigation guidelines such as those of ACPO and NIST, which may not be entirely fit-for-purpose. In this paper, we identify the challenges associated with UAV/drone forensics. We then explore and evaluate existing forensic guidelines, in terms of their effectiveness for UAV/drone forensic investigations. Next, we present our set of guidelines for UAV/drone investigations. Finally, we demonstrate how the proposed ...


Detection And Recovery Of Anti-Forensic (Vault) Applications On Android Devices, Michaila Duncan, Umit Karabiyik May 2018

Detection And Recovery Of Anti-Forensic (Vault) Applications On Android Devices, Michaila Duncan, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Significant number of mobile device users currently employ anti-forensics applications, also known as vault or locker applications, on their mobile devices in order to hide files such as photos. Because of this, investigators are required to spend a large portion of their time manually looking at the applications installed on the device. Currently, there is no automated method of detecting these anti-forensics applications on an Android device. This work presents the creation and testing of a vault application detection system to be used on Android devices. The main goal of this work is twofold: (i) Detecting and reporting the presence ...


Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips May 2018

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips

Faculty Scholarship

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of ...


The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto May 2018

The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto

Student Theses 2015-Present

Abstract

We are raised from the early days of our youth to distinguish right from wrong, evil from good. Though there are many careers that have easily distinguishable ethics from their day of creation, others require spend their entire professional careers floating in a grey area. Being a lawyer can leave you in limbo very often. The ethical battle between prosecuting people whose actions go against everything you believe in and defending someone who actions you struggle to rationalize, looking for a “nail in the coffin” or finding a way to pry it open can play a large role in ...


Proposition 47 And Crime: A Difference In Differences Analysis Of Incarceration Rates And Crime Using Border Counties, Brian J. Fischer May 2018

Proposition 47 And Crime: A Difference In Differences Analysis Of Incarceration Rates And Crime Using Border Counties, Brian J. Fischer

School of Arts & Sciences Theses

California passed Proposition 47 by vote and changed the way the state punishes drug and theft. I find an increase in crime using a difference in differences model by computing the change in thefts with the change in inmates. This effect sides with anecdotal claims and disagrees with empirical studies.


Media Framing Of Wrongful Convictions, Eza B. Zakirova May 2018

Media Framing Of Wrongful Convictions, Eza B. Zakirova

Student Theses

Wrongful convictions are a major issue hindering the effectiveness and legitimacy of the criminal justice system. The topic has become a focus of media attention. Among the issues raised are the contributing factors to wrongful convictions, such as false confessions, false or misleading forensic evidence, official misconduct, mistaken witness identification, and perjury or false accusations. The following study examines how media frames these contributing factors of wrongful convictions using Loseke's social constructionist framework, which is useful for deconstructing the issue’s diagnostic, motivational and prognostic frames -- that is, how media consumers assess the causes, solutions, and the reasons to ...


Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett Apr 2018

Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett

Student Theses

This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective ...


Acknowledgments, Howard S. Carrier Apr 2018

Acknowledgments, Howard S. Carrier

International Journal on Responsibility

Serious work to bring the International Journal on Responsibility to life commenced during the summer of 2015. In the intervening period between conceptualization and publication, many organizations and individuals within James Madison University and the wider community have contributed enormously to bringing the journal to fruition.


Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti Apr 2018

Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti

International Journal on Responsibility

Legal education continues to be one of the most demanded areas of study from the younger generation in Kosovo. As result, the number of law graduates is quite high. On the other hand, the rule of law sector is quite fragile, judges and lawyers are perceived by parts of the society to be ethically dysfunctional. The trust in judicial institutions is quite low. The debate which is going on now is whose main responsibility for such a situation that is. Is the duty of the higher education institutions providing legal education, or is it a responsibility of educational institutions at ...


Resolving The Paradox Of Holding People Responsible, Hal Pepinsky Apr 2018

Resolving The Paradox Of Holding People Responsible, Hal Pepinsky

International Journal on Responsibility

Regardless of justification, it is commonplace throughout the U.S. criminal justice system as in everyday life to teach our offenders and children alike that wrong actions “have consequences,” namely, those authority figures promise to impose upon them. We do so in the name of holding people responsible for their actions, or in legal parlance in civil law, holding them accountable or liable. I noticed that in Norwegian, responsibility, accountability and liability translate into one word, ansvar, which I have translated from Germanic to Latin roots as “responsiveness.” In practice, the state of being responsive to others with whom one ...


Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun Apr 2018

Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun

International Journal on Responsibility

No abstract provided.


What Does Responsibility Mean To Me?, Arun Gandhi Apr 2018

What Does Responsibility Mean To Me?, Arun Gandhi

International Journal on Responsibility

No abstract provided.


Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel Apr 2018

Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel

International Journal on Responsibility

No abstract provided.


America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett Apr 2018

America's War On Drugs: Applying A Supply And Demand Framework For The Opioid Epidemic Through The Lens Of Federalism, Cari Librett

Senior Theses and Projects

For the past fifty years, American drug policy has been manipulated and enforced in a way that made it possible for drug epidemics to occur and has exaggerated their negative consequences on society. The War on Drugs policy initiatives first implemented in the 1970s created a drug law enforcement structure that has criminalized addiction and made it difficult for addicts to receive treatment. The United States is currently facing it's worst drug epidemic in history due to these policies. However, unlike previous epidemics, the opioid crisis is particularly unique not only because of the unparalleled nature of the issue ...


Police Lineups And Eyewitness Identification, Alessandra Ricigliano Apr 2018

Police Lineups And Eyewitness Identification, Alessandra Ricigliano

Honors Senior Capstone Projects

Improper police lineups often lead to the misidentification of a suspect in particular cases. These mistakes could potentially have detrimental effects on someone’s freedom because eyewitness identifications hold so much weight in court proceedings. If a witness or victim is certain they can identify the suspect, jurors are likely to believe them whether the witness is right or wrong. Eyewitness misidentification is one of the leading causes of wrongful convictions (The Innocence Project, 2017). The current research employs qualitative in depth interviews with police officers from local and state departments. The interviews asked about police procedures for conducting simultaneous ...