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2008

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Articles 1 - 30 of 111

Full-Text Articles in Law

Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel Dec 2008

Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel

David B Kopel

Writing in the Virginia Law Review, a distinguished federal judge maintains that true conservatives are required to substitute principles of judicial restraint for an inquiry into the original meaning of the Constitution. Accordingly, argues J. Harvie Wilkinson, III, the Supreme Court's Second Amendment decision in District of Columbia v. Heller is an activist decision just like Roe v. Wade: "[B]oth cases found judicially enforceable substantive rights only ambiguously rooted in the Constitution's text." In this response, we challenge his critique.

Part I shows that Judge Wilkinson's analogy between Roe and Heller is untenable. The right of ...


Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne Dec 2008

Jogelmélet Jog Nélkül? [Legal Theory Without Law?], Péter Cserne

Péter Cserne

No abstract provided.


I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds Dec 2008

I'Ll Make You A Deal: How Repeat Informants Are Corrupting The Criminal Justice System And What To Do About It, Emily Jane Dodds

William & Mary Law Review

No abstract provided.


Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush Dec 2008

Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush

BYU Law Review

No abstract provided.


Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews Nov 2008

Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews

Criminal Justice Faculty Research

Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as ...


Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur Aug 2008

Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur

All Faculty Scholarship

This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by ...


James Wilson And The Drafting Of The Constitution, William Ewald Jun 2008

James Wilson And The Drafting Of The Constitution, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Ua12/8 Annual Report, Wku Police Jun 2008

Ua12/8 Annual Report, Wku Police

WKU Archives Records

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.


The Emerging Role Of Dna Analysis In The Criminal Justice System, Sandra Sherman Apr 2008

The Emerging Role Of Dna Analysis In The Criminal Justice System, Sandra Sherman

Pell Scholars and Senior Theses

Forensic science has evolved into the most advanced investigative tool used in the criminal justice field. DNA evidence is a strong component of forensic science and with constant advancements of DNA testing so that its evidence is more reliable and accepted in the criminal justice system will help provide justice for the quily and innocent alike.


Sobriety Checkpoints: The Case For Implementation In Rhode Island, Scott Naso Apr 2008

Sobriety Checkpoints: The Case For Implementation In Rhode Island, Scott Naso

Pell Scholars and Senior Theses

A survey was prepared and conducted to investigate the viability of implementing sobriety checkpoints in Rhode Island. The survey was designed to make a comparison between a state which has found sobriety checkpoints to be constitutional, Massachusetts, and a state that has found sobriety checkpoints to be unconstitutional, Rhode Island. The survey's findings indicate that Rhode Island would benefit from the implementation of sobriety checkpoints.


The Cyber-Workplace – Identifying Liability Issues In The Information Age And Managing E-Risk, Nigel Wilson Apr 2008

The Cyber-Workplace – Identifying Liability Issues In The Information Age And Managing E-Risk, Nigel Wilson

Annual ADFSL Conference on Digital Forensics, Security and Law

The information age provides numerous opportunities for modern society but also presents significant challenges in identifying liability issues and in managing risk. Technological change has occurred rapidly and is continuing at the same time as other major trends and changes are taking place in society and, in particular, in the workplace. The prospect of global liability and the complexity of jurisdictional differences present a considerable hurdle to the uniform regulation of liability issues. General legislation and legal principles have been readily applied to the cyber-world and to modern business practices and the workplace. Where necessary, legislatures have introduced specific legislation ...


Data Mining Techniques For Fraud Detection, Rekha Bhowmik Apr 2008

Data Mining Techniques For Fraud Detection, Rekha Bhowmik

Annual ADFSL Conference on Digital Forensics, Security and Law

The paper presents application of data mining techniques to fraud analysis. We present some classification and prediction data mining techniques which we consider important to handle fraud detection. There exist a number of data mining algorithms and we present statistics-based algorithm, decision tree-based algorithm and rule-based algorithm. We present Bayesian classification model to detect fraud in automobile insurance. Naïve Bayesian visualization is selected to analyze and interpret the classifier predictions. We illustrate how ROC curves can be deployed for model assessment in order to provide a more intuitive analysis of the models.

Keywords: Data Mining, Decision Tree, Bayesian Network, ROC ...


Simple - Rethinking The Monolithic Approach To Digital Forensic Software, Craig Valli Apr 2008

Simple - Rethinking The Monolithic Approach To Digital Forensic Software, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper outlines a collaborative project nearing completion between the sec.au Security Research Group at Edith Cowan University and Western Australian Police Computer Crime Squad. The primary goal of this project is to create a software tool for use by non-technical law enforcement officers during the initial investigation and assessment of an electronic crime scene. This tool will be designed as an initial response tool, to quickly and easily find, view and export any relevant files stored on a computer, establishing if further expert investigation of that computer is warranted. When fully developed, the tool will allow investigators unprecedented ...


How Virtualized Environments Affect Computer Forensics, Diane Barrett Apr 2008

How Virtualized Environments Affect Computer Forensics, Diane Barrett

Annual ADFSL Conference on Digital Forensics, Security and Law

Virtualized environments can make forensics investigation more difficult. Technological advances in virtualization tools essentially make removable media a PC that can be carried around in a pocket or around a neck. Running operating systems and applications this way leaves very little trace on the host system. This paper will explore all the newest methods for virtualized environments and the implications they have on the world of forensics. It will begin by describing and differentiating between software and hardware virtualization. It will then move on to explain the various methods used for server and desktop virtualization. Next, it will describe the ...


The Virtual Digital Forensics Lab - Expanding Law Enforcement Capabilities, Mark Mccoy, Sean A. Ensz Apr 2008

The Virtual Digital Forensics Lab - Expanding Law Enforcement Capabilities, Mark Mccoy, Sean A. Ensz

Annual ADFSL Conference on Digital Forensics, Security and Law

Law enforcement is attempting to respond to the growing and complex need to examine all manner of digital evidence using stand-alone forensic workstations and limited storage solutions. Digital forensic investigators often find their cases stalled by cumbersome and inflexible technology limiting their effectiveness. The Virtual Digital Forensics Lab (VDFL) is a new concept that applies existing enterprise host, storage, and network virtualization technologies to current forensic investigative methods. This paper details the concept of the VDFL, the technology solutions it employs, and the flexibility it provides for digital forensic investigators.

Keywords: Virtual Digital Forensics, digital forensic investigations, law enforcement, virtual ...


Digital Forensic Certification Versus Forensic Science Certification, Nena Lim Apr 2008

Digital Forensic Certification Versus Forensic Science Certification, Nena Lim

Annual ADFSL Conference on Digital Forensics, Security and Law

Companies often rely on certifications to select appropriate individuals in disciplines such as accounting and engineering. The general public also tends to have confidence in a professional who has some kinds of certification because certification implies a standard of excellence and that the individual has expert knowledge in a specific discipline. An interesting question to the digital forensic community is: How is a digital forensic certification compared to a forensic science certification? The objective of this paper is to compare the requirements of a digital forensic certification to those of a forensic science certification. Results of the comparison shed lights ...


Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain Mar 2008

Cunningham V. California: The U.S. Supreme Court Painted Into A Corner, Jacob Strain

Brigham Young University Journal of Public Law

No abstract provided.


The Emerging Death Penalty Jurisprudence Of The Roberts Court, Kenneth C. Haas Mar 2008

The Emerging Death Penalty Jurisprudence Of The Roberts Court, Kenneth C. Haas

The University of New Hampshire Law Review

[Excerpt] “In 1976, four years after finding the nation’s death penalty laws to be constitutionally flawed, the U.S. Supreme Court established the parameters of modern American death penalty jurisprudence. Since then the Court has gone through several phases. The Court proceeded cautiously from 1977 to 1982, limiting the death penalty to those who committed murder in a manner deemed especially heinous and despicable by judges and juries, requiring even-handedness and consistency in capital sentencing, and insisting that sentencing authorities examine the individual characteristics of each offender and the particular circumstances of his crime. From 1983 to 2001, however ...


The Death Penalty And Reversible Error In Massachusetts, Alan Rogers Mar 2008

The Death Penalty And Reversible Error In Massachusetts, Alan Rogers

The University of New Hampshire Law Review

[Excerpt] “This article will survey Massachusetts homicide cases from 1805 to 1996 in which the SJC found reversible error. For comparative purposes, the data will be grouped into three periods: from 1805, the year the SJC began to publish its decisions, to 1891, the year original jurisdiction for homicide cases was transferred from the SJC to the Superior Court; 1892 to 1939, the year Massachusetts law allowed the SJC to review the facts as well as the law of capital cases; and from 1940 to 1996, the year Chief Justice Paul Liacos resigned from the court and the importance of ...


Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board Mar 2008

Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board

The University of New Hampshire Law Review

Table of contents for a special issue on the topic of capital punishment.


Death Is Unconstitutional: How Capital Punishment Became Illegal In America—A Future History, Jur. Eric Engle Ph.D. Mar 2008

Death Is Unconstitutional: How Capital Punishment Became Illegal In America—A Future History, Jur. Eric Engle Ph.D.

The University of New Hampshire Law Review

[Excerpt] “A constitution is an organic fact of every state: it is a part of the being of the state. People, like the state, also have a constitution—a character. Just as people change over time, so do states. But just as there are natural limits on what people can or cannot become, so there are natural limits on what the state can and cannot fairly do. No man, nor any group of men, ex ante may justly take the life of another person, though perhaps their killing may be excused (or forgiven) ex post.”

"The death of Death would ...


Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian Mar 2008

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.


The Abolitionist’S Dilemma: Establishing The Standards For The Evolving Standards Of Decency, Dwight Aarons Mar 2008

The Abolitionist’S Dilemma: Establishing The Standards For The Evolving Standards Of Decency, Dwight Aarons

The University of New Hampshire Law Review

[Excerpt] “For those who believe that the death penalty should be declared unconstitutional and that the U.S. Supreme Court is the institution that should make that declaration, these are interesting times. On one hand, the Rehnquist Court, which had previously not been a reliable friend of criminal defendants, in 2002, ruled that it was unconstitutional to execute mentally retarded defendants, and in 2005 it came to the same conclusion as to defendants who committed a capital crime before his or her eighteenth birthday. On the other hand, close scrutiny of these opinions evidences that the Court all but casts ...


Completely Unguided Discretion: Admitting Non-Statutory Aggravating And Non-Statutory Mitigating Evidence In Capital Sentencing Trials, Sharon Turlington Mar 2008

Completely Unguided Discretion: Admitting Non-Statutory Aggravating And Non-Statutory Mitigating Evidence In Capital Sentencing Trials, Sharon Turlington

The University of New Hampshire Law Review

[Excerpt] “As an attorney practicing exclusively in the area of death penalty defense at the trial level for the last ten years, my perspective on the problems inherent in the system seems vastly different from that presented in academic research and even in case law. While most of the recent changes in death penalty law have focused on the right of the defendant to have sentencing enhancing elements of an offense proven to a jury beyond a reasonable doubt, much of the evidence presented in an actual death penalty jury trial is non-statutory aggravation and non-statutory mitigation. Generally, non-statutory aggravating ...


Targeted Interventions Could Ease Maine's Prison And Jail Populations, Mark Rubin Feb 2008

Targeted Interventions Could Ease Maine's Prison And Jail Populations, Mark Rubin

Justice Policy

Overcrowding and rising costs in Maine’s corrections system have become a serious problem. In the past twenty years, the average daily population in state prisons has grown 74 percent, while county jails have grown 193 percent. To accommodate this growth, Maine, in 2004, spent $127,343,971, not including debt service, to operate the prisons and county jails. This brief examines state prison, county jail, and probation population trends since 2004 and identifies key factors driving the number of prisoners


Training The Parents Of Juvenile Offenders: State Of The Art And Recommendations For Service Delivery, Richard Redding Jan 2008

Training The Parents Of Juvenile Offenders: State Of The Art And Recommendations For Service Delivery, Richard Redding

Richard E. Redding

Parent training is consistently highlighted as one of the most effective means of preventing delinquency and treating young children with conduct problems, and it has proven to be one of the most cost-effective interventions for doing so. There is, however, far less evidence supporting the efficacy of parent-training programs with adolescents and juvenile offenders. Nonetheless, it still seems to be one of the more promising methods for treating the behavior problems of adolescent delinquents, especially when used in conjunction with other carefully selected program components. We begin with an overview of parent training, highlighting the key components of successful programs ...


The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard Jan 2008

The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard

Office for Policy Studies on Violence Against Women Publications

Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights ...


An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky Jan 2008

An Unholy Alliance: Perceptions Of Influence In Insurance Fraud Prosecutions And The Need For Real Safeguards, Aviva Abramovsky

Journal of Criminal Law and Criminology

No abstract provided.


Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner Jan 2008

Rethinking Robinson V. California In The Wake Of Jones V. Los Angeles: Avoiding The Demise Of The Criminal Law By Attending To Punishment, Martin R. Gardner

Journal of Criminal Law and Criminology

No abstract provided.


The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons Jan 2008

The Politics Of Policing: Ensuring Stakeholder Collaboration In The Federal Reform Of Local Law Enforcement Agencies, Kami Chavis Simmons

Journal of Criminal Law and Criminology

No abstract provided.