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Articles 1 - 30 of 115
Full-Text Articles in Law
Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Spanakos, Lucio R. Renno
Elections And Economic Turbulence In Brazil: Candidates, Voters, And Investors, Tony Spanakos, Lucio R. Renno
Department of Political Science and Law Faculty Scholarship and Creative Works
The relation between elections and the economy in Latin America might be understood by considering the agency of candidates and the issue of policy preference congruence between investors and voters. The preference congruence model proposed in this article highlights political risk in emerging markets. Certain risk features increase the role of candidate campaign rhetoric and investor preferences in elections. When politicians propose policies that can appease voters and investors, elections may have a limited effect on economic indicators, such as inflation. But when voter and investor priorities differ significantly, deterioration of economic indicators is more likely. Moreover, voter and investor …
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
All Faculty Scholarship
Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories of …
Centering Men's Experience: Norah Vincent's Self-Made Man Complicates Feminist Legal Theorists' Views Of Gender, Kathy A. Thomack
Centering Men's Experience: Norah Vincent's Self-Made Man Complicates Feminist Legal Theorists' Views Of Gender, Kathy A. Thomack
Buffalo Women's Law Journal
No abstract provided.
Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg
Enhancing The Senses: How Technological Advances Shape Our View Of The Law, Steven Goldberg
West Virginia Law Review
No abstract provided.
Between Charity, Welfare, And Warfare: A Disability Legal Studies Analysis Of Privilege And Neglect In Israeli Disability Policy, Sagit Mor
Sagit Mor
This article introduces a critical perspective, which I term Disability Legal Studies, a field of critical legal theory that employs disability critique, as developed by Disability Studies. I argue that contemporary writing on disability and the law tends to utilize disability critique in a mere instrumental fashion, mainly to support doctrinal analysis or reform proposals. What is needed, I suggest, is substantial research regarding the constitutive role of law in the production of disability. The article investigates the construction of disability in the field of social welfare, claiming that although welfare has indeed provided some relief to people with disabilities, …
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
All Faculty Scholarship
No abstract provided.
Fear Of Acquaintance Versus Stranger Rape As A "Master Status": Towards Refinement Of The "Shadow Of Sexual Assault", Pamela Wilcox, Carol E. Jordan, Adam J. Pritchard
Fear Of Acquaintance Versus Stranger Rape As A "Master Status": Towards Refinement Of The "Shadow Of Sexual Assault", Pamela Wilcox, Carol E. Jordan, Adam J. Pritchard
Office for Policy Studies on Violence Against Women Publications
Using a sample of 1,010 women from a southeastern state university, we explore whether associations between fear of sexual assault and other crime-specific fears vary based on presumed victim-offender relationship. More specifically, we assess the extent to which fear of stranger- and acquaintance-perpetrated sexual assaults differ in the extent to which they are correlated with fear of other crime victimizations. Multivariate logistic regression analysis revealed that both fear of stranger-perpetrated sexual assault and fear of acquaintance- perpetrated sexual assault were positively associated with nearly all other crimespecific fears under examination. However, associations were particularly strong between fear of sexual assault …
“Three Strikes” Legislation: Utilitarian Deterrence, Paul R. Rickert
“Three Strikes” Legislation: Utilitarian Deterrence, Paul R. Rickert
Faculty Publications and Presentations
The author argues that current "three-strikes" legislation does not have justice as its end-goal, because it is based in utilitarian philosophy.
The Consciousness Of Religion And The Consciousness Of Law, With Some Implications For Dialogue, Howard Lesnick
The Consciousness Of Religion And The Consciousness Of Law, With Some Implications For Dialogue, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Paper Session V: Forensic Software Tools For Cell Phone Subscriber Identity Modules, Wayne Jansen, Rick Ayers
Paper Session V: Forensic Software Tools For Cell Phone Subscriber Identity Modules, Wayne Jansen, Rick Ayers
Annual ADFSL Conference on Digital Forensics, Security and Law
Cell phones and other handheld devices incorporating cell phone capabilities (e.g., smart phones) are ubiquitous. Besides placing calls, cell phones allow users to perform other tasks such as text messaging and phonebook entry management. When cell phones and cellular devices are involved in a crime or other incident, forensic specialists require tools that allow the proper retrieval and speedy examination of data present on the device. For devices conforming to the Global System for Mobile Communications (GSM) standards, certain data such as dialed numbers, text messages, and phonebook entries are maintained on a Subscriber Identity Module (SIM). This paper gives …
Paper Session V: Steganography And Terrorist Communications - Current Information And Trends - Tools, Analysis And Future Directions In Steganalysis In Context With Terrorists And Other Criminals, William Eyre, Marcus Rogers
Paper Session V: Steganography And Terrorist Communications - Current Information And Trends - Tools, Analysis And Future Directions In Steganalysis In Context With Terrorists And Other Criminals, William Eyre, Marcus Rogers
Annual ADFSL Conference on Digital Forensics, Security and Law
In ancient times, users communicated using steganography, “…derived from the Greek words steganos, meaning ‘covered’, and graphein, meaning ‘to write.’” (Singh, 1999, p.5) Steganography facilitates secret, undetected communication. In modern times, in the context of the Global War on Terror, national intelligence and law enforcement agencies need tools to detect hidden information (steganography) in various types of media, most specifically to uncover the placement of hidden information in images. This paper will look at steganography in general terms, presenting the theory of some common steganographic techniques and touching on some theoretical work in steganography. Then a discussion of how to …
Paper Session Iv: Toward Understanding Digital Forensics As A Profession: Defining Curricular Needs (***Research In Process ***), Michelle Wolf, Alan Shafer, Michael Gendron
Paper Session Iv: Toward Understanding Digital Forensics As A Profession: Defining Curricular Needs (***Research In Process ***), Michelle Wolf, Alan Shafer, Michael Gendron
Annual ADFSL Conference on Digital Forensics, Security and Law
This research paper presents research in process which attempts to define the common body of knowledge (CBK) of digital forensics. Digital forensics is not well defined not does it have a generally accepted CBK. The first three phases of completed research, in a four-phase research process are discussed. The early results have created a preliminary CBK, and final validation is underway.
Paper Session Iv: Development And Delivery Of Coursework - The Legal/Regulatory/Policy Environment Of Cyberforensics, John W. Bagby, John C. Ruhnka
Paper Session Iv: Development And Delivery Of Coursework - The Legal/Regulatory/Policy Environment Of Cyberforensics, John W. Bagby, John C. Ruhnka
Annual ADFSL Conference on Digital Forensics, Security and Law
This paper describes a cyber-forensics course that integrates important public policy and legal issues as well as relevant forensic techniques. Cyber-forensics refers to the amalgam of multi-disciplinary activities involved in the identification, gathering, handling, custody, use and security of electronic files and records, involving expertise from the forensic domain, and which produces evidence useful in the proof of facts for both commercial and legal activities. The legal and regulatory environment in which electronic discovery takes place is of critical importance to cyber-forensics experts because the legal process imposes both constraints and opportunities for the effective use of evidence gathered through …
Paper Session Iii: Research Brief: A Curriculum For Teaching Information Technology Investigative Techniques For Auditors, Grover S. Kearns, Elizabeth V. Mulig
Paper Session Iii: Research Brief: A Curriculum For Teaching Information Technology Investigative Techniques For Auditors, Grover S. Kearns, Elizabeth V. Mulig
Annual ADFSL Conference on Digital Forensics, Security and Law
Recent prosecutions of highly publicized white-collar crimes combined with public outrage have resulted in heightened regulation and greater emphasis on systems of internal control. Because both white-collar and cybercrimes are usually perpetrated through computers, auditors’ knowledge of information technology (IT) is now more vital than ever. However, preserving digital evidence and investigative techniques, which can be essential to fraud examinations, are not skills frequently taught in accounting programs. Furthermore, many students are not instructed in the use of computer assisted auditing tools and techniques – applications that might uncover fraudulent activity. Only a limited number of university-level accounting classes provide …
Paper Session Ii: Forensic Scene Documentation Using Mobile Technology, Ibrahim Baggili
Paper Session Ii: Forensic Scene Documentation Using Mobile Technology, Ibrahim Baggili
Annual ADFSL Conference on Digital Forensics, Security and Law
This paper outlines a framework for integrating forensic scene documentation with mobile technology. Currently there are no set standards for documenting a forensic scene. Nonetheless, there is a conceptual framework that forensic scientists and engineers use that includes note taking, scene sketches, photographs, video, and voice interview recordings. This conceptual framework will be the basis that a mobile forensic scene documentation software system is built on. A mobile software system for documenting a forensic scene may help in standardizing forensic scene documentation by regulating the data collection and documentation processes for various forensic disciplines.
Measuring Efficiency In Corporate Law: The Role Of Shareholder Primacy, Jill E. Fisch
Measuring Efficiency In Corporate Law: The Role Of Shareholder Primacy, Jill E. Fisch
All Faculty Scholarship
The shareholder primacy norm defines the objective of the corporation as maximization of shareholder wealth. Law and economics scholars have incorporated the shareholder primacy norm into their empirical analyses of regulatory efficiency. An increasingly influential body of scholarship uses empirical methodology to evaluate legal rules that allocate power within the corporation. By embracing the shareholder primacy norm, empirical scholars offer normative assessments about regulatory choices based on the effect of legal rules on measures of shareholder value such as stock price, net profits, and Tobin’s Q.
This Article challenges the foundations of using the shareholder primacy norm to judge corporate …
Tax Fraud, Money Laundering And The Financing Of Organized Crime, Erin Todisco
Tax Fraud, Money Laundering And The Financing Of Organized Crime, Erin Todisco
Honors Projects
Demonstrates that tax fraud and money laundering are major means of financing organized crime operations and argues that more aggressive enforcement of the tax code and money laundering legislation are necessary to help stop such crime.
Environmental Justice And The Role Of Criminology: An Analytical Review Of 33 Years Of Environmental Justice Research, Lisa Anne Zilney, Danielle Mcgurrin, Sammy Zahran
Environmental Justice And The Role Of Criminology: An Analytical Review Of 33 Years Of Environmental Justice Research, Lisa Anne Zilney, Danielle Mcgurrin, Sammy Zahran
Department of Justice Studies Faculty Scholarship and Creative Works
An increasing number of scholars and activists have begun to tackle a variety of issues relevant to environmental justice studies. This study attempts to address the role of criminologists in this domain. The authors examine 425 environmental justice articles in 204 academic journals, representing 18 programs/departments between 1970 and 2003. First, they measure the environmental justice contributions in the literature by academic department or activist affiliation. Second, they identify the major themes in the literature as they have developed and reveal the current and future directions of environmental justice studies. Such themes include the spatial distribution of hazards, social movements, …
Partial Ban On Plea Bargains, Oren Gazal
Partial Ban On Plea Bargains, Oren Gazal
Oren Gazal-Ayal
The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he choose to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that the both supporters and …
Reform In Lieu Of Change: Tastes Great, Less Filling, Jonathan G.S. Koppell
Reform In Lieu Of Change: Tastes Great, Less Filling, Jonathan G.S. Koppell
Publications from President Jonathan G.S. Koppell
In this response to Light, Koppell argues that the increasing frequency of reform may reflect Congress's inability to make significant changes to the substance of entrenched government programs. Moreover, he observes that the more profound evolution in government has been the movement toward the market-based provision of services, which has created a demand for new competencies in the public sector.
Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler
Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler
Journal of Digital Forensics, Security and Law
This issue presents the first Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler (gary.kessler@champlain.edu) or Glenn Dardick (gdardick@dardick.net).
The 2006 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Iain Sutherland, Paula Thomas
The 2006 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Iain Sutherland, Paula Thomas
Journal of Digital Forensics, Security and Law
All organisations, whether in the public or private sector, use computers for the storage and processing of information relating to their business or services, their employees and their customers. A large proportion of families and individuals in their homes now also use personal computers and, both intentionally and inadvertently, often store on those computers personal information. It is clear that most organisations and individuals continue to be unaware of the information that may be stored on the hard disks that the computers contain, and have not considered what may happen to the information after the disposal of the equipment.
In …
Development Of An Ontology Based Forensic Search Mechanism: Proof Of Concept, Jill Slay, Fiona Schulz
Development Of An Ontology Based Forensic Search Mechanism: Proof Of Concept, Jill Slay, Fiona Schulz
Journal of Digital Forensics, Security and Law
This paper examines the problems faced by Law Enforcement in searching large quantities of electronic evidence. It examines the use of ontologies as the basis for new forensic software filters and provides a proof of concept tool based on an ontological design. It demonstrates that efficient searching is produced through the use of such a design and points to further work that might be carried out to extend this concept.
A Forensic Log File Extraction Tool For Icq Instant Messaging Clients, Kim Morfitt, Craig Valli
A Forensic Log File Extraction Tool For Icq Instant Messaging Clients, Kim Morfitt, Craig Valli
Journal of Digital Forensics, Security and Law
Instant messenger programs such as ICQ are often used by hackers and criminals for illicit purposes and consequently the log files from such programs are of interest in a forensic investigation. This paper outlines research that has resulted in the development of a tool for the extraction of ICQ log file entries. Detailed reconstruction of data from log files was achieved with a number of different ICQ software. There are several limitations with the current design including timestamp information not adjusted for the time zone, data could be altered, and conversations must be manually reconstructed. Future research will aim to …
A Curriculum For Teaching Information Technology Investigative Techniques For Auditors, Grover S. Kearns
A Curriculum For Teaching Information Technology Investigative Techniques For Auditors, Grover S. Kearns
Journal of Digital Forensics, Security and Law
Recent prosecutions of highly publicized white-collar crimes combined with public outrage have resulted in heightened regulation of financial reporting and greater emphasis on systems of internal control. Because both white-collar and cybercrimes are usually perpetrated through computers, internal and external auditors’ knowledge of information technology (IT) is now more vital than ever. However, preserving digital evidence and investigative techniques, which can be essential to fraud examinations, are not skills frequently taught in accounting programs and instruction in the use of computer assisted auditing tools and techniques – applications that might uncover fraudulent activity – is limited. Only a few university-level …
Development Of A National Repository Of Digital Forensic Intelligence, Mark Weiser, David P. Biros, Greg Mosier
Development Of A National Repository Of Digital Forensic Intelligence, Mark Weiser, David P. Biros, Greg Mosier
Journal of Digital Forensics, Security and Law
Many people do all of their banking online, we and our children communicate with peers through computer systems, and there are many jobs that require near continuous interaction with computer systems. Criminals, however, are also “connected”, and our online interaction provides them a conduit into our information like never before. Our credit card numbers and other fiscal information are at risk, our children's personal information is exposed to the world, and our professional reputations are on the line.
The discipline of Digital Forensics in law enforcement agencies around the nation and world has grown to match the increased risk and …
The Role Of Power And Negotiation In Online Deception, Chad Albrecht, Conan C. Albrecht, Jonathan Wareham, Paul Fox
The Role Of Power And Negotiation In Online Deception, Chad Albrecht, Conan C. Albrecht, Jonathan Wareham, Paul Fox
Journal of Digital Forensics, Security and Law
The purpose of this paper is to advance theoretical understanding of the important role of both power and negotiation during online deception. By so doing, the paper provides insight into the relationship between perpetrator and victim in Internet fraud. The growing prevalence of Internet Fraud continues to be a burden to both society and individuals. In an attempt to better understand Internet fraud and online deception, this article attempts to build an interactive model, based upon the dimensions of power and negotiation from the management and psychology literature. Using the model presented, the article examines the effects of the Internet …
Electronic Data Discovery: Integrating Due Process Into Cyber Forensic Practice, John W. Bagby, John C. Ruhnka
Electronic Data Discovery: Integrating Due Process Into Cyber Forensic Practice, John W. Bagby, John C. Ruhnka
Journal of Digital Forensics, Security and Law
Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce business records and correspondence, emails, accounting records or other data relevant to disputed issues. This article discusses some high visibility cases that constrain how metadata and content is routinely made available to opposing parties in civil litigation, to prosecutors in criminal prosecutions and to agency staff in regulatory enforcement litigation. Public policy, as implemented in the rules of evidence and pretrial discovery, restrict electronic data discovery (EDD) as …
Computer Forensics Field Triage Process Model, Marcus K. Rogers, James Goldman, Rick Mislan, Timothy Wedge, Steve Debrota
Computer Forensics Field Triage Process Model, Marcus K. Rogers, James Goldman, Rick Mislan, Timothy Wedge, Steve Debrota
Journal of Digital Forensics, Security and Law
With the proliferation of digital based evidence, the need for the timely identification, analysis and interpretation of digital evidence is becoming more crucial. In many investigations critical information is required while at the scene or within a short period of time - measured in hours as opposed to days. The traditional cyber forensics approach of seizing a system(s)/media, transporting it to the lab, making a forensic image(s), and then searching the entire system for potential evidence, is no longer appropriate in some circumstances. In cases such as child abductions, pedophiles, missing or exploited persons, time is of the essence. In …
Alphaco: A Teaching Case On Information Technology Audit And Security, Hüseyin Tanriverdi, Joshua Bertsch, Jonathan Harrison, Po-Ling Hsiao, Ketan S. Mesuria, David Hendrawirawan
Alphaco: A Teaching Case On Information Technology Audit And Security, Hüseyin Tanriverdi, Joshua Bertsch, Jonathan Harrison, Po-Ling Hsiao, Ketan S. Mesuria, David Hendrawirawan
Journal of Digital Forensics, Security and Law
Recent regulations in the United States (U.S.) such as the Sarbanes-Oxley Act of 2002 require top management of a public firm to provide reasonable assurance that they institute internal controls that minimize risks over the firm’s operations and financial reporting. External auditors are required to attest to the management’s assertions over the effectiveness of those internal controls. As firms rely more on information technology (IT) in conducting business, they also become more vulnerable to IT related risks. IT is critical for initiating, recording, processing, summarizing and reporting accurate financial and non-financial data. Thus, understanding IT related risks and instituting internal …