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Legal Studies

2007

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Articles 1 - 30 of 112

Full-Text Articles in Law

Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire Dec 2007

Ecosystem-Based Management Of Terrestrial And Coastal Water Resources: Can Rapanos Teach Us Anything About The Future Of Integrated Water Management, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to describe aspects of the Rapanos decision, focusing on the Kennedy concurrence, and then suggesting its connection to the ongoing policy debate regarding coastal resource management, and how it may offer a sign of the judicial will to accept an expanding federal role over centralized water management, regardless of spatial location.


An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball Dec 2007

An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball

Criminal Justice Faculty Publications and Presentations

Operation Street Sweeper (OSS) was a multi-level, interagency collaboration with multiple purposes. According to OSS documents, Operation Street Sweeper goals included the following: (1) to reduce gang-related criminal and violent activity in Nampa and Caldwell, Idaho through aggressive, proactive, and coordinated street enforcement between the Bureau of Alcohol, Tobacco and Firearms (ATF) and local law enforcement; (2) to deter criminal activity through high profile enforcement activity; (3) to develop and/or increase the number of positive community contacts; (4) to show the community and gang members that law enforcement is serious about reducing gang and violent crime in the area ...


Citizen And Officer Perceptions Of Community Policing In Ghana: Policing Of, By, And For The People, Or Just To The People?, Angela West Crews, Gordon A. Crews Nov 2007

Citizen And Officer Perceptions Of Community Policing In Ghana: Policing Of, By, And For The People, Or Just To The People?, Angela West Crews, Gordon A. Crews

Criminal Justice Faculty Research

This presentation presents initial results of an evaluation of citizen and officer perceptions of policing in Ghana. The Ghana Police Service (GPS) is attempting to transition from a para-militaristic philosophy to a more community-centered approach, developing a domestic violence unit in the past decade and, more recently, a community policing unit. Community policing philosophies, however, face unique challenges in Ghanaian society, such as a deep-rooted (and historically well-founded) mistrust of the police, and a culture with a well-established and trusted “traditional” system wherein matters are settled within communities and impacted by religion, spirituality, and mysticism. This project used official reported ...


The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon Oct 2007

The Luck Of The Draw: Using Random Case Assignment To Investigate Attorney Ability, David S. Abrams, Albert H. Yoon

Faculty Scholarship at Penn Law

One of the most challenging problems in legal scholarship is the measurement of attorney ability. Measuring attorney ability presents inherent challenges because the nonrandom pairing of attorney and client in most cases makes it difficult, if not impossible, to distinguish between attorney ability and case selection. Las Vegas felony case data, provided by the Clark County Office of the Public Defender in Nevada, offer a unique opportunity to compare attorney performance. The office assigns its incoming felony cases randomly among its pool of attorneys, thereby creating a natural experiment free from selection bias. We find substantial heterogeneity in attorney performance ...


Steekpartij Voor De Spiegel, Jenneke Christiaens Sep 2007

Steekpartij Voor De Spiegel, Jenneke Christiaens

Jenneke Christiaens

No abstract provided.


Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter May 2007

Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter

Brigham Young University Journal of Public Law

No abstract provided.


The Moral And Legal Aspects Of Protecting Human Rights: Or, How I Learned To Stop Worrying And Love The Intervention, Adam Mellion May 2007

The Moral And Legal Aspects Of Protecting Human Rights: Or, How I Learned To Stop Worrying And Love The Intervention, Adam Mellion

Senior Honors Projects

At the beginning of a new millennium, following, perhaps, the most socially and technologically progressive eras of human history, the end of genocide and other egregious crimes against humanity still remain out of reach. In situations of such grave emergency, when all attempts to peacefully resolve the conflict fail, the determination implicated in the post-World War II maxim “never again” typically falls short, as yet more millions of innocent victims are murdered for ideological or political lies. When there is not a lack of moral conviction, a determined nation might still find themselves entangled in a web of norms of ...


The Penetration Of The Criminal Justice System Into Communities Of Color: A Leadership Challenge For The Legal Profession. Address At The Convocation On The Face Of The Profession Iii: Leadership Of The Bar; Sponsored By The New York State Judicial Institute On Professionalism In The Law On April 27, 2007 In Albany, Ny., Jeremy Travis Apr 2007

The Penetration Of The Criminal Justice System Into Communities Of Color: A Leadership Challenge For The Legal Profession. Address At The Convocation On The Face Of The Profession Iii: Leadership Of The Bar; Sponsored By The New York State Judicial Institute On Professionalism In The Law On April 27, 2007 In Albany, Ny., Jeremy Travis

Publications and Research

No abstract provided.


Defending Against Insider Use Of Digital Steganography, James E. Wingate, Glenn D. Watt, Marc Kurtz, Chad W. Davis, Robert Lipscomb Apr 2007

Defending Against Insider Use Of Digital Steganography, James E. Wingate, Glenn D. Watt, Marc Kurtz, Chad W. Davis, Robert Lipscomb

Annual ADFSL Conference on Digital Forensics, Security and Law

The trusted insider is among the most harmful and difficult to detect threats to information security, according to the Federal Plan for Information Assurance and Cyber Security Research and Development released in April 2006. By default, employees become trusted insiders when granted the set of privileges needed to do their jobs, which typically includes access to the Internet. It is generally presumed the insiders are loyally working to achieve the organization’s goals and objectives and would not abuse the privileges given to them. However, some insiders will inevitably abuse some of their privileges. For example, a trusted insider might ...


Computer Geolocation Using Extracted Features, Chad M.S. Steel Apr 2007

Computer Geolocation Using Extracted Features, Chad M.S. Steel

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper compares the extracted feature data from a sample set of hard drive images in an effort to relate the features to the physical location of the drive. A list of probable zip codes, phone numbers, place names, and IP addresses are extracted from raw drive images and compared to manually identified geolocation data. The results of the individual extractions are then analyzed to determine the feasibility in using automated extraction and analysis techniques for geolocating hard drives.

Keywords: hard disk forensics, geocoding, geolocation


Education For Cyber Crime Investigators, David Greer, Joe Mulenex, John Hale, Gavin W. Manes Apr 2007

Education For Cyber Crime Investigators, David Greer, Joe Mulenex, John Hale, Gavin W. Manes

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics and cyber crime investigations are continually growing, rapidly changing fields requiring law enforcement agencies to meet very rigorous training requirements. New opportunities for committing criminal activity against persons, organization or property are presented every day with the proliferation of personal digital devices, computers, the internet, computer networks, and automated data systems. Whether the crime involves attacks against computer systems, electronic information, or more traditional crimes such as murder, money laundering or fraud, electronic evidence is becoming more prevalent. It is no surprise that law enforcement and criminal justice officials are being overwhelmed by the volume of investigations and ...


The Case For Teaching Network Protocols To Computer Forensics Examiners, Gary C. Kessler, Matt Fasulo Apr 2007

The Case For Teaching Network Protocols To Computer Forensics Examiners, Gary C. Kessler, Matt Fasulo

Annual ADFSL Conference on Digital Forensics, Security and Law

Most computer forensics experts are well-versed in basic computer hardware technology, operating systems, common software applications, and computer forensics tools. And while many have rudimentary knowledge about the Internet and simple network-lookup tools, they are not trained in the analysis of network communication protocols and the use of packet sniffers. This paper describes digital forensics applications for network analysis and includes four case studies.

Keywords: computer forensics education, network forensics, protocol analysis


Do Current Erasure Programs Remove Evidence Of Bittorrent Activity?, Andrew Woodward, Craig Valli Apr 2007

Do Current Erasure Programs Remove Evidence Of Bittorrent Activity?, Andrew Woodward, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

This research in progress aims to evaluate the effectiveness of commercial programs to erase traces of the use of BitTorrent software. The erasure programs MaxErase, P2PDoctor, Privacy Suite, Window Washer and R-Clean and Wipe were used on a machine that had used the BitTorrent client Azureus to download two torrent files. The drive was imaged and then searched for torrent files. The registry was also examined on the source machine. The program R-Clean and Wipe left evidence in both the registry and the image of the name and type of files that had been downloaded with this software. Of greater ...


Textbooks For Computer Forensic Courses: A Preliminary Study, Jigang Liu, Larry Gottschalk, Kuodi Jian Apr 2007

Textbooks For Computer Forensic Courses: A Preliminary Study, Jigang Liu, Larry Gottschalk, Kuodi Jian

Annual ADFSL Conference on Digital Forensics, Security and Law

As computer forensics develops into one of the fastest-growing areas in the computer related fields, many universities and colleges are offering or are planning to offer a course in computer forensics. When instructors begin to develop a new course in the area, one of critical questions they would ask is what textbook should be used. To better answer the question, we conducted a study in which we tried to find which textbooks are being used in computer forensic courses. We believe that the results and analysis of our study will help instructors in choosing adequate textbooks for their new course ...


Towards Redaction Of Digital Information From Electronic Devices, Gavin W. Manes, Lance Watson, David Greer, Alex Barclay, John Hale Apr 2007

Towards Redaction Of Digital Information From Electronic Devices, Gavin W. Manes, Lance Watson, David Greer, Alex Barclay, John Hale

Annual ADFSL Conference on Digital Forensics, Security and Law

In the discovery portion of court proceedings, it is necessary to produce information to opposing counsel. Traditionally, this information is in paper form with all privileged information removed. Increasingly, the information requested during discovery exists in digital form and savvy counsel is requesting direct access to the original digital source: a broad spectrum of additional digital information can be often be extracted using digital forensics. This paper describes the major problems which must be solved to redact digital information from electronic devices. The primary hurdle facing digital redaction is the lack of a rational process for systematically handling encoded, encrypted ...


Investigating Information Structure Of Phishing Emails Based On Persuasive Communication Perspective, Ki Jung Lee, Il-Yeol Song Apr 2007

Investigating Information Structure Of Phishing Emails Based On Persuasive Communication Perspective, Ki Jung Lee, Il-Yeol Song

Annual ADFSL Conference on Digital Forensics, Security and Law

Current approaches of phishing filters depend on classifying messages based on textually discernable features such as IP-based URLs or domain names as those features that can be easily extracted from a given phishing message. However, in the same sense, those easily perceptible features can be easily manipulated by sophisticated phishers. Therefore, it is important that universal patterns of phishing messages should be identified for feature extraction to serve as a basis for text classification. In this paper, we demonstrate that user perception regarding phishing message can be identified in central and peripheral routes of information processing. We also present a ...


Teams Responsibilities For Digital Forensic Process, Salma Abdalla, Sherif Hazem, Sherif Hashem Apr 2007

Teams Responsibilities For Digital Forensic Process, Salma Abdalla, Sherif Hazem, Sherif Hashem

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper presents a detailed digital forensics process model and the responsible teams to perform it. The discussed model presents three teams and a forensic leader who coordinate between the three teams; these teams are physical crime scene team, laboratory examination team and courtroom team. These teams are responsible of achieving the digital forensic model by applying five main phases which are preparation phase, physical forensics and investigation phase, digital forensics phase, reporting and presentation phase and closure phase.

Most of the existing models in this field are either theoretical that deals with data processing or based on a legal ...


The Gap Between Theory And Practice In Digital Forensics, Joseph C. Sremack Apr 2007

The Gap Between Theory And Practice In Digital Forensics, Joseph C. Sremack

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics is a young field that is being defined by the reactive nature of its development – in terms of both research and practice. As technology develops, digital forensics is forced to react and adapt. The rapid development of technology and the lack of an established theoretical foundation has led to a disconnect between the theory and practice of digital forensics. While the base theoretical issues are being worked on by researchers, practitioners are dealing with entirely new sets of issues. The complexity of investigations is increasing, and anti-forensics techniques are advancing as well. The disconnect will be resolved by ...


The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney Apr 2007

The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney

Annual ADFSL Conference on Digital Forensics, Security and Law

Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which ...


Monitoring And Surveillance In The Workplace: Lessons Learnt? – Investigating The International Legal Position, Verine Etsebeth Apr 2007

Monitoring And Surveillance In The Workplace: Lessons Learnt? – Investigating The International Legal Position, Verine Etsebeth

Annual ADFSL Conference on Digital Forensics, Security and Law

When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this ...


An Exploratory Analysis Of Computer Mediated Communications On Cyberstalking Severity, Stephen D. Barnes, David P. Biros Apr 2007

An Exploratory Analysis Of Computer Mediated Communications On Cyberstalking Severity, Stephen D. Barnes, David P. Biros

Annual ADFSL Conference on Digital Forensics, Security and Law

The interaction between disjunctive interpersonal relationships, those where the parties to the relationship disagree on the goals of the relationship, and the use of computer mediated communications channels is a relatively unexplored domain. Bargh (2002) suggests that CMC channels can amplify the development of interpersonal relationships, and notes that the effect is not constant across communications activities. This proposal suggests a line of research that explores the interaction between computer mediated communications (CMC) and stalking, which is a common form of disjunctive relationships. Field data from cyberstalking cases will be used to look at the effects of CMC channels on ...


New Federal Rules And Digital Evidence, Gavin W. Manes, Elizabeth Downing, Lance Watson, Christopher Thrutchley Apr 2007

New Federal Rules And Digital Evidence, Gavin W. Manes, Elizabeth Downing, Lance Watson, Christopher Thrutchley

Annual ADFSL Conference on Digital Forensics, Security and Law

The newly revised Federal Rules of Civil Procedure and developments under the Federal Rules of Evidence have a significant impact on the use, collection, and treatment of digital evidence for legal proceedings. The Rules now formally grant electronic documents and digital evidence the same status as paper and other forms of tangible evidence. As a result, the availability and proper preservation of potentially relevant electronic evidence must be considered, at the very latest, in the preliminary stages of litigation and, at the earliest, as soon as litigation is reasonably anticipated. It is important for professionals to be familiar with the ...


The General Digital Forensics Model, Steven Rigby, Marcus K. Rogers Apr 2007

The General Digital Forensics Model, Steven Rigby, Marcus K. Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

The lack of a graphical representation of all of the principles, processes, and phases necessary to carry out an digital forensic investigation is a key inhibitor to effective education in this newly emerging field of study. Many digital forensic models have been suggested for this purpose but they lack explanatory power as they are merely a collection of lists or one-dimensional figures. This paper presents a new multi-dimensional model, the General Digital Forensics Model (GDFM), that shows the relationships and inter-connectedness of the principles and processes needed within the domain of digital forensics.

Keywords: process model, computer forensics, expert learning ...


Guideline Model For Digital Forensic Investigation, Salma Abdalla, Sherif Hazem, Sherif Hashem Apr 2007

Guideline Model For Digital Forensic Investigation, Salma Abdalla, Sherif Hazem, Sherif Hashem

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper proposes a detailed guideline model for digital forensics; the proposed model consists of five main phases, Preparation phase, Physical Forensics and Investigation Phase, Digital Forensics Phase, Reporting and Presentation Phase, and Closure Phase.

Most of the existing models in this field do not cover all aspects of digital forensic investigations, as they focus mainly on the processing of digital evidence or on the legal points. Although they gave good information to base on it a guide, but they are not detailed enough to describe fully the investigative process in a way that can be used by investigators during ...


Undermining Individual And Collective Citizenship: The Impact Of Felon Exclusion Laws On The African-American Community, S. David Mitchell Apr 2007

Undermining Individual And Collective Citizenship: The Impact Of Felon Exclusion Laws On The African-American Community, S. David Mitchell

S. David Mitchell

Felon exclusion laws are jurisdiction-specific, post-conviction statutory restrictions that prohibit convicted felons from exercising a host of legal rights, most notably the right to vote. The professed intent of these laws is to punish convicted felons equally without regard for the demographic characteristics of each individual, including race, class, or gender. Felon exclusion laws, however, have a disproportionate impact on African-American males and, by extension, on the residential communities from which many convicted felons come. Thus, felon exclusion laws not only relegate African-American convicted felons to a position of second-class citizenship, but the laws also diminish the collective citizenship of ...


The Broken Path: Juvenile Violence And Delinquency In Light Of Sociological Theories, Sylvia Khromina Mar 2007

The Broken Path: Juvenile Violence And Delinquency In Light Of Sociological Theories, Sylvia Khromina

Human Architecture: Journal of the Sociology of Self-Knowledge

An examination of the causes and effects of juvenile violence and delinquency through an exploration of the retributive Juvenile Justice System, the struggles of the urban poor and the effects of juvenile crime on the success of all of society. Drawing on the six key sociological theories, this paper will investigate the possible reasons behind current policies and crime itself.


Researching Crime, Justice, And Social Control In Ghana: Evolving Issues In A Developing African Country, Gordon A. Crews, Angela West Crews, Kofi Boye-Doe, Ken Aikins Mar 2007

Researching Crime, Justice, And Social Control In Ghana: Evolving Issues In A Developing African Country, Gordon A. Crews, Angela West Crews, Kofi Boye-Doe, Ken Aikins

Criminal Justice Faculty Research

The purpose of this presentation is to discuss a recent research project which seeks to offer an examination of the unique relationship between the traditional Ghanaian indigenous justice system and the established state-administered justice system. This is an overview of the interesting blend of indigenous practices (rooted in religious practices and strongly associated with spirituality and mysticism) and state (formal justice and governmental systems) in the Ghanaian justice system. In addition the topics of the treatment of women and children within these systems and the use of alternative dispute resolution, restorative justice, and conflict resolution strategies inherent within the two ...


United States V. Lazarenko: Filling In Gaps In Support And Regulation Of Transnational Relationships, Philip M. Nichols Mar 2007

United States V. Lazarenko: Filling In Gaps In Support And Regulation Of Transnational Relationships, Philip M. Nichols

Legal Studies and Business Ethics Papers

The prosecution in the United States of Pavlo Lazarenko for corruption merits study for two reasons. First, it provides case study of the use of local laws to deal with a transnational act. Law should support and regulates interaction within communities; local laws that stop at the borders do little to support transnational communities and international law, which does not recognize most transnational persons as legitimate subjects of international law, does even less. The court that tried Lazarenko could not therefore rely solely on its local law nor could it turn to nonexistent transnational law; instead it cobbled together local ...


Ip And The Global Public Interest: Challenges And Opportunities, Jon R. Cavicchi, Stanley P. Kowalski Jan 2007

Ip And The Global Public Interest: Challenges And Opportunities, Jon R. Cavicchi, Stanley P. Kowalski

Law Faculty Scholarship

[Excerpt from article] Intellectual property (IP) capacity is essential for economic development, particularly as countries transition into the higher technology sectors, for example biotechnology. For developing countries, a commitment to minimal IP rights protection will determine inclusion in the World Trade Organization (WTO), facilitate access to foreign-direct investment, and accelerate economic development. However, on a more fundamental level, capacity in IP management will affect whether a country can provide basic health and nutritional needs for its citizens. For example, sustainable food security presents a serious challenge in many developing countries; as their economies rapidly emerge, urban centers expand, arable land ...


Lexis V. Westlaw For Research - Better, Different, Or Same And The Qwerty Effect?, Jon R. Cavicchi Jan 2007

Lexis V. Westlaw For Research - Better, Different, Or Same And The Qwerty Effect?, Jon R. Cavicchi

Law Faculty Scholarship

There are synchronistic moments when in the process of writing. While contemplating this article, an email message made its way to my desk, past Pierce Law Center's spam firewall with the following subject line: "Pepsi v. Coke-Tell Us--Get $10." Do IP researchers choose Lexis or Westlaw justified by taste? Surely you jest, some voice said to me. Repressing this message, I proceeded to compare platform content, perform literature searches, and poll students and IP professors.

Yet another synchronistic moment came as the email from those taking the poll steamed into my email. Many IP professors indicated that they made ...