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2006

Institution
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Articles 31 - 60 of 111

Full-Text Articles in Law

Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith Jan 2006

Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith

Journal of Criminal Law and Criminology

No abstract provided.


Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky Jan 2006

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Alan Sklansky

Journal of Criminal Law and Criminology

No abstract provided.


Law And The Parameters Of Acceptable Deviance, Mark A. Edwards Jan 2006

Law And The Parameters Of Acceptable Deviance, Mark A. Edwards

Journal of Criminal Law and Criminology

No abstract provided.


Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, And Reforming Risk Management Law , Caleb Durling Jan 2006

Never Going Home: Does It Make Us Safer - Does It Make Sense - Sex Offenders, Residency Restrictions, And Reforming Risk Management Law , Caleb Durling

Journal of Criminal Law and Criminology

No abstract provided.


Book Review Jan 2006

Book Review

Journal of Criminal Law and Criminology

No abstract provided.


Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell Jan 2006

Taxing Illegal Assets: The Revenue Work Of The Criminal Assets Bureau, Liz Campbell

Liz Campbell

This article considers the powers of the Criminal Assets Bureau (CAB) in the context of revenue law, as this lesser-known aspect of the Bureau’s work is often overshadowed by its ability to seize and confiscate the proceeds of crime. Although the taxing of illegal profits was traditionally precluded in Ireland, this situation was altered in the early-1980s, thereby facilitating CAB’s revenue work. Despite CAB’s significant powers in this regard, the courts have overturned its tax assessments in a number of cases, on the basis that certain criteria pertaining to its tax powers have been breached. Nevertheless, CAB ...


The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell Jan 2006

The Evidence Of Intimidated Witnesses In Criminal Trials, Liz Campbell

Liz Campbell

The issue of witness intimidation has gained currency in the Irish criminal justice system in recent years with the increase in so-called “gangland” crime. The brutal treatment used by organised criminals to resolve gangland feuds is echoed in the threats received by individuals who seek to testify against suspected organised criminals. This article examines various approaches have been adopted by the State to ensure that the evidence of threatened witnesses may be used in court. While some witnesses may participate in the Witness Protection Programme (WPP), others may give evidence by means of video-camera. In addition, even if an intimidated ...


Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell Jan 2006

Decline Of Due Process In The Irish Justice System: Beyond The Culture Of Control?, Liz Campbell

Liz Campbell

Legislation in Ireland that pertains to serious and organised crime is characterised by a favouring of public protection over the rights of the accused; by an increased concern for security with a concomitant diminution of the significance of liberty. Throughout the pre-trial stage of the criminal process, the court-hearing and sentencing, a shift in focus from the due process rights of the accused towards the result-oriented aims of the State is apparent. Furthermore, the fight against organised crime has extended into the civil domain with the creation of the Criminal Assets Bureau (CAB), with its low burden of proof and ...


La Democracia Deliberativa En Las Sociedades Semiperiféricas. Una Apología, Leonardo García Jaramillo Jan 2006

La Democracia Deliberativa En Las Sociedades Semiperiféricas. Una Apología, Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.


Weighty Speech: Addressing Body Size In The Classroom, Yofi Tirosh Jan 2006

Weighty Speech: Addressing Body Size In The Classroom, Yofi Tirosh

Yofi Tirosh

The politics of body size has been the topic of intriguing feminist work. Although in my view this issue is still undertheorized, I have long sought for a way to bring what does exist in the literature into my academic activities. The opportunity arose when, as a graduate student at the University of Michigan in 2001, I taught an undergraduate mini-course in the women's studies program, which I named Weight as a Cultural Question.

This essay discusses two pedagogical challenges I faced while teaching a class. Both questions deal with the extent to which it is productive to talk ...


The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer Jan 2006

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer

Nancy J. Knauer

The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites ...


Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms Jan 2006

Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms

Fiona David

ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.


Asean Responses To Trafficking In Persons, Fiona M. David Ms Jan 2006

Asean Responses To Trafficking In Persons, Fiona M. David Ms

Fiona David

This paper examines the criminal justice responses to trafficking in places in each of the 10 ASEAN Member Countries.


Eindrapport Overlastjongeren Uit Antwerpen Aan Het Woord, Jenneke Christiaens, Sarah Van Polfliet, Latifa Amezghal Jan 2006

Eindrapport Overlastjongeren Uit Antwerpen Aan Het Woord, Jenneke Christiaens, Sarah Van Polfliet, Latifa Amezghal

Jenneke Christiaens

No abstract provided.


Politique Urbaine Et Sécurité En Belgique Et Aux Pays-Bas, Els Enhus, Jenneke Christiaens, Jessica Hoste, Leentje Winkelmans, Evelien Van Den Herrewegen, Marjan De Gruijter, Hugo Swinnen, Hans Boutellier, Astrid Huygen, Josine Junger-Tas Jan 2006

Politique Urbaine Et Sécurité En Belgique Et Aux Pays-Bas, Els Enhus, Jenneke Christiaens, Jessica Hoste, Leentje Winkelmans, Evelien Van Den Herrewegen, Marjan De Gruijter, Hugo Swinnen, Hans Boutellier, Astrid Huygen, Josine Junger-Tas

Jenneke Christiaens

No abstract provided.


The 2006 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Iain Sutherland, Paula Thomas Jan 2006

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 ...


A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard Jan 2006

A Fresh Look At The Responsible Relation Doctrine, Todd S. Aagaard

Journal of Criminal Law and Criminology

No abstract provided.


Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort Jan 2006

Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort

Journal of Criminal Law and Criminology

No abstract provided.


Meta-Blackmail And The Evidentiary Theory: Still Taking Motives Seriously, Mitchell N. Berman Jan 2006

Meta-Blackmail And The Evidentiary Theory: Still Taking Motives Seriously, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr. Jan 2006

Rhetoric Of Disputes In The Courts, The Media, And The Legislature, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr. Jan 2006

Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Table Of Contents Jan 2006

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Table Of Contents Jan 2006

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Development Of A National Repository Of Digital Forensic Intelligence, Mark Weiser, David P. Biros, Greg Mosier Jan 2006

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 ...


Development Of An Ontology Based Forensic Search Mechanism: Proof Of Concept, Jill Slay, Fiona Schulz Jan 2006

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.


Development And Delivery Of Coursework: The Legal/Regulatory/Policy Environment Of Cyberforensics, John W. Bagby, John C. Ruhnka Jan 2006

Development And Delivery Of Coursework: The Legal/Regulatory/Policy Environment Of Cyberforensics, John W. Bagby, John C. Ruhnka

Journal of 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 ...


Forensic Tools For Mobile Phone Subscriber Identity Modules, Wayne Jansen, Rick Ayers Jan 2006

Forensic Tools For Mobile Phone Subscriber Identity Modules, Wayne Jansen, Rick Ayers

Journal of Digital Forensics, Security and Law

Mobile phones and other handheld devices incorporating cellular capabilities, such as Personal Digital Assistants, are ubiquitous. Besides placing calls, these devices allow users to perform other useful tasks, including 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 ...


The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling Jan 2006

The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling

Journal of Digital Forensics, Security and Law

Champlain College formally started an undergraduate degree program in Computer & Digital Forensics in 2003. The underlying goals were that the program be multidisciplinary, bringing together the law, computer technology, and the basics of digital investigations; would be available as on online and oncampus offering; and would have a process-oriented focus. Success of this program has largely been due to working closely with practitioners, maintaining activity in events related to both industry and academia, and flexibility to respond to ever-changing needs. This paper provides an overview of how this program was conceived, developed, and implemented; its evolution over time; and current and planned initiatives.


Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler Jan 2006

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 Equilibrium Content Of Corporate Federalism, William W. Bratton, Joseph A. Mccahery Jan 2006

The Equilibrium Content Of Corporate Federalism, William W. Bratton, Joseph A. Mccahery

Faculty Scholarship at Penn Law

No abstract provided.