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Legal Studies

2010

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Articles 1 - 30 of 188

Full-Text Articles in Law

The Invalidity Of The 1910 Japan-Korea Annexation Treaty And The Plain Defects Of The Corollaries In Japanese Assertions Of The Sovereign Title To The Dokdo Island, Young K. Kim Dec 2010

The Invalidity Of The 1910 Japan-Korea Annexation Treaty And The Plain Defects Of The Corollaries In Japanese Assertions Of The Sovereign Title To The Dokdo Island, Young K. Kim

Young K Kim

In view of the rule of international law, the Japanese control upon the Korean territories during these 26 years could only been precisely defined as a belligerent occupation. No sovereign title or any legally valid title had ever been entitled to Japan, by this belligerent occupation. So, when the subjection by the Japanese warlords ended, the liberated Korea had immediately resumed the national liberty and the proud cultural heritage. Any vestiges of Japanese control over to the Korean territories should have been eliminated completely, and at once. Removing Japanese warlords from the Korean territory was the only condition for the ...


Wrongful Convictions As A Result Of Public Defender Representation., Annie Elizabeth Ross Dec 2010

Wrongful Convictions As A Result Of Public Defender Representation., Annie Elizabeth Ross

Electronic Theses and Dissertations

Our criminal justice system works very hard to prevent criminals from harming other individuals; however, unfortunately mistakes happen. One wrongful conviction is one too many. There are multiple factors that can be assumed to be the cause of wrongful convictions. However, due to the lack of directly related research, the determents are not well established. The following research addresses wrongful convictions as a result of public defender representation. Through the process of theory construction, the research uses critical race theory and social disorganization theory to show the relationship between court appointed representation and wrongful convictions. A new theory is also ...


Law Clerks Out Of Context, Parker B. Potter Jr. Dec 2010

Law Clerks Out Of Context, Parker B. Potter Jr.

University of New Hampshire Law Review

[Excerpt] “In a previous article, I examined judicial opinions in cases in which law clerks have gone wild, principally by doing things that law clerks just aren‘t supposed to do, such as convening court, conducting independent factual investigations into matters before their judges, or leaking drafts of opinions to the press. Here, I focus on opinions in federal cases that discuss two other categories of unusual law-clerk activity, serving as a source of evidence, and going to court, as a litigant.

The article is informed by my ten years of experience as a trial court law clerk in the ...


The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig Dec 2010

The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig

Faculty Scholarship at Penn Law

For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two ...


Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan Oct 2010

Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan

Faculty Publications and Presentations

An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of ...


Capital Punishment Reforms In Illinois: Comparing The Views Of Police, Prosecutors, And Public Defenders, Robert M. Lombardo Assistant Professor Sep 2010

Capital Punishment Reforms In Illinois: Comparing The Views Of Police, Prosecutors, And Public Defenders, Robert M. Lombardo Assistant Professor

Robert M. Lombardo

Abstract Following a 2000 moratorium on executions, the Governor’s Commission on Capital Punishment was created to study the use of the death penalty in Illinois. As a result of this effort, comprehensive legislation was enacted to reform the Illinois death penalty system. The Illinois legislature also created a Capital Punishment Reform Study Committee (CPRSC) to gauge the implementation and impact of the reforms. Working with the CPRSC, the authors’ surveyed 413 Illinois police departments, 102 Illinois State’s Attorneys Offices, and all 99 Public Defender’s Offices in an effort to determine the extent to which criminal justice agencies ...


The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud Sep 2010

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

Articles & Book Chapters

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.


Undue Equation Of 'Savings' With 'Compensation For Services': Case Comment, Belachew M. Fikre Aug 2010

Undue Equation Of 'Savings' With 'Compensation For Services': Case Comment, Belachew M. Fikre

Belachew M Fikre

Individual employer-employee relations are regulated by a regime called 'employment law'. Despite the inadequate semantic clarity in our legal system regarding the usage of the words 'employment law' and 'labour law', the latter is 'understood as the regime that governs workers' efforts to advance their own shared interests through self-organisation and collective protest, pressure, negotiation and agreement with employers. Among the numerous benefits accorded to an outgoing employee is severance payment that somehow provides an interim income during transition from one engagement to another. And this form of benefit represents one variety of the 'third wing' within the regime of ...


Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams Jul 2010

Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams

Theses and Dissertations in Geography

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the ...


Compulsory Ex Ante Control: Rise And Fall Of The Control Over The Legislator, Sergio Verdugo Sverdugor@Udd.Cl Jul 2010

Compulsory Ex Ante Control: Rise And Fall Of The Control Over The Legislator, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

The author criticizes the power of the Chilean Constitutional Court to exercise compulsory ex-ante control of statutes, established in article 93, number 1, of the Chilean Constitution. After clarifying its special juridical nature, he analyzes the advantages and disadvantages of this system of control, using national and foreign bibliography. The existence of a constitutional seal aggravates the disadvantages. Then, he dedicates a section to study the motivation of the judgments generated in this type of control, questioning its value. For such purposes he makes a theoretical and empirical study of the jurisprudence of the Chilean Constitutional Court in the last ...


Fairness And The Willingness To Accept Plea Bargain Offers, Oren Gazal-Ayal, Avishalom Tor, Stephen M. Garcia Jun 2010

Fairness And The Willingness To Accept Plea Bargain Offers, Oren Gazal-Ayal, Avishalom Tor, Stephen M. Garcia

Oren Gazal-Ayal

In contrast with the typical assumption in plea bargaining law and economics, we show defendants may reject plea offers based on fairness considerations. Specifically, offers where the sanction clearly appears excessive for the crime ("substantively unfair") and offers that appear inferior to those received by others in similar cases ("comparatively unfair") diminish defendants' wiliingness to accept plea offers (WTAP). Part 1 analyzes real-world data in Study 1 and reviews early experiments, all of which sugget substantive fairness impacts WTAP but do not control for important confounds. Part 2 therefore presents Studies 2-4 that confirm the independent impact of substantive fairness ...


Computer Forensics For Graduate Accountants: A Motivational Curriculum Design Approach, Grover S. Kearns May 2010

Computer Forensics For Graduate Accountants: A Motivational Curriculum Design Approach, Grover S. Kearns

Annual ADFSL Conference on Digital Forensics, Security and Law

Computer forensics involves the investigation of digital sources to acquire evidence that can be used in a court of law. It can also be used to identify and respond to threats to hosts and systems. Accountants use computer forensics to investigate computer crime or misuse, theft of trade secrets, theft of or destruction of intellectual property, and fraud. Education of accountants to use forensic tools is a goal of the AICPA (American Institute of Certified Public Accountants). Accounting students, however, may not view information technology as vital to their career paths and need motivation to acquire forensic knowledge and skills ...


The Defiance College Undergraduate Major In Digital Forensic Science: Setting The Bar Higher, Gregg H. Gunsch May 2010

The Defiance College Undergraduate Major In Digital Forensic Science: Setting The Bar Higher, Gregg H. Gunsch

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper provides background information to accompany the panel discussion on Curriculum Design and Implementation in Computer Forensics Education. It is specifically focused on the content and delivery of Defiance College’s undergraduate (B.S.) program majoring in Digital Forensic Science (DFS). The genesis and evolution of the Defiance College DFS program are described, along with its successes, challenges and known opportunities for improvement. The desired outcomes of the panel discussion include articulating the necessary components of an undergraduate program, refining expectations of knowledge and skills required of students upon graduation, and suggesting strategies for achieving those expectations despite inevitable ...


Digital Records Forensics: A New Science And Academic Program For Forensic Readiness, Luciana Duranti, Barbara Endicott-Popovsky May 2010

Digital Records Forensics: A New Science And Academic Program For Forensic Readiness, Luciana Duranti, Barbara Endicott-Popovsky

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper introduces the Digital Records Forensics project, a research endeavour located at the University of British Columbia in Canada and aimed at the development of a new science resulting from the integration of digital forensics with diplomatics, archival science, information science and the law of evidence, and of an interdisciplinary graduate degree program, called Digital Records Forensics Studies, directed to professionals working for law enforcement agencies, legal firms, courts, and all kind of institutions and business that require their services. The program anticipates the need for organizations to become “forensically ready,” defined by John Tan as “maximizing the ability ...


Canvass - A Steganalysis Forensic Tool For Jpeg Images, Jennifer L. Davidson, Jaikishan Jalan May 2010

Canvass - A Steganalysis Forensic Tool For Jpeg Images, Jennifer L. Davidson, Jaikishan Jalan

Annual ADFSL Conference on Digital Forensics, Security and Law

Steganography is a way to communicate a message such that no one except the sender and recipient suspects the existence of the message. This type of covert communication lends itself to a variety of different purposes such as spy-to-spy communication, exchange of pornographic material hidden in innocuous image files, and other illicit acts. Computer forensic personnel have an interest in testing for possible steganographic files, but often do not have access to the technical and financial resources required to perform steganalysis in an effective manner. This paper describes the results of a funded effort by a grant from the National ...


A Layered Framework Approach To Mitigate Crimeware, Mathew Nyamagwa May 2010

A Layered Framework Approach To Mitigate Crimeware, Mathew Nyamagwa

Annual ADFSL Conference on Digital Forensics, Security and Law

Crimeware attacks are growing at such an alarming rate and are becoming so prevalent that the FBI now rank cybercrime among its top priorities after terrorism and espionage. New studies estimate cyber crimes cost firms an astounding $1 trillion annually. But the good news? Over 80% of them are preventable. Crimeware is not a purely technical threat but more or a socio-technical affair. This clearly brings out the fact that computers do not commit a crime, but we (humans) do! In this paper I propose a layered approach that involves all stakeholders from end-users to service-providers and law enforcement to ...


Electronic Discovery: A Fool’S Errand Where Angels Fear To Tread?, Milton Luoma, Vicki Luoma May 2010

Electronic Discovery: A Fool’S Errand Where Angels Fear To Tread?, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

Electronic discovery has transformed the discovery phase of civil litigation in recent years. The expectations of lawyers and parties were initially established in the Rowe and Zubulake cases that led to a complete revision of the electronic discovery rules contained in the Federal Rules of Civil Procedure. Subsequent cases have underscored the importance of document search methodologies and implications for attorneys, IT professionals, and digital forensics professionals. The authors review how electronic discovery has evolved thus far and offer recommendations regarding the electronic discovery process.

Keywords: Electronic discovery, e-discovery, keyword search, concept search,


Measuring Whitespace Patterns As An Indication Of Plagiarism, Ilana Shay, Nikolaus Baer, Robert Zeidman May 2010

Measuring Whitespace Patterns As An Indication Of Plagiarism, Ilana Shay, Nikolaus Baer, Robert Zeidman

Annual ADFSL Conference on Digital Forensics, Security and Law

There are several different methods of comparing source code from different programs to find copying1 . Perhaps the most common method is comparing source code statements, comments, strings, identifiers, and instruction sequences. However, there are anecdotes about the use of whitespace patterns in code. These virtually invisible patterns of spaces and tabs have been used in litigation to imply copying, but no formal study has been performed that shows that these patterns can actually identify copied code. This paper presents a detailed study of whitespace patterns and the uniqueness of these patterns in different programs.

Keywords: Copyright Infringement, Intellectual Property, Litigation ...


Hard Disk Storage: Firmware Manipulation And Forensic Impact And Current Best Practice, Gareth Davies, Iain Sutherland May 2010

Hard Disk Storage: Firmware Manipulation And Forensic Impact And Current Best Practice, Gareth Davies, Iain Sutherland

Annual ADFSL Conference on Digital Forensics, Security and Law

The most common form of storage media utilized in both commercial and domestic systems is the hard disk drive, consequently these devices feature heavily in digital investigations. Hard disk drives are a collection of complex components. These components include hardware and firmware elements that are essential for the effective operation of the drive. There are now a number of devices available, intended for data recovery, which can be used to manipulate the firmware components contained within the drive. It has been previously shown that it is possible to alter firmware for malicious purposes, either to conceal information or to prevent ...


Social Networking: A Boon To Criminals, Tejashree D. Datar, Richard Mislan May 2010

Social Networking: A Boon To Criminals, Tejashree D. Datar, Richard Mislan

Annual ADFSL Conference on Digital Forensics, Security and Law

With the world getting more and more digitized, social networking has also found a place in the cyber world. These social networking sites (SNSs) which enable people to socialize, and build and maintain relationships are attracting attention of all kinds of people such as teens, adults, sports persons, and even businesses. But these SNSs are also getting unwanted attention from people like sexual predators, spammers, and people involved in criminal and illegal activities. This paper talks about SNSs and how these sites are exploited for criminal or illegal activity. The SNSs are discussed in detail with respect to user profiles ...


Organizational Handling Of Digital Evidence, Sheona A. Hoolachan, William B. Glisson May 2010

Organizational Handling Of Digital Evidence, Sheona A. Hoolachan, William B. Glisson

Annual ADFSL Conference on Digital Forensics, Security and Law

There are a number of factors that impact a digital forensics investigation. These factors include: the digital media in question, implemented processes and methodologies, the legal aspects, and the individuals involved in the investigation. This paper presents the initial idea that Digital Forensic Practice (DFP) recommendations can potentially improve how organizations handle digital evidence. The recommendations are derived from an in-depth survey conducted with practitioners in both commercial organizations and law enforcement along with supporting literature. The recommendations presented in this paper can be used to assess an organization’s existing digital forensics practices and a guide to Digital Forensics ...


A Framework To Integrate The Data Of Interview Investigation And Digital Evidence, Fahad Alshathry May 2010

A Framework To Integrate The Data Of Interview Investigation And Digital Evidence, Fahad Alshathry

Annual ADFSL Conference on Digital Forensics, Security and Law

The physical interview process in crime investigation produces an extremely large amount of data, particularly in big cases. In comparison, examiners of digital evidence have enormous amounts of data to search through whilst looking for data relating to the investigation. However, the links between their results are limited. Whilst investigators need to refute or support their hypothesis throughout, digital evidence examiners often use search based keywords. These keywords are usually created from evidence taken from the physical investigation reports and this basic method has been found to have many shortcomings and limitations. This paper proposes a highly automatic framework to ...


Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli May 2010

Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

30 years ago PABX systems were compromised by hackers wanting to make long distance calls at some other entities expense. This activity faded as telephony became cheaper and PABX systems had countermeasures installed to overcome attacks. Now the world has moved onto the provision of telephony via broadband enabled Voice over Internet Protocol (VoIP) with this service now being provided as a replacement for conventional fixed wire telephony by major telecommunication providers worldwide. Due to increasing bandwidth it is possible for systems to support multiple voice connections simultaneously. The networked nature of the Internet allows for attackers of these VoIP ...


Higate (High Grade Anti‐Tamper Equipment) Prototype And Application To E‐Discovery, Yui Sakurai, Yuki Ashino, Tetsutaro Uehara, Hiroshi Yoshiura, Ryoichi Sasaki May 2010

Higate (High Grade Anti‐Tamper Equipment) Prototype And Application To E‐Discovery, Yui Sakurai, Yuki Ashino, Tetsutaro Uehara, Hiroshi Yoshiura, Ryoichi Sasaki

Annual ADFSL Conference on Digital Forensics, Security and Law

These days, most data is digitized and processed in various ways by computers. In the past, computer owners were free to process data as desired and to observe the inputted data as well as the interim results. However, the unrestricted processing of data and accessing of interim results even by computer users is associated with an increasing number of adverse events. These adverse events often occur when sensitive data such as personal or confidential business information must be handled by two or more parties, such as in the case of e-Discovery, used in legal proceedings, or epidemiologic studies. To solve ...


Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon May 2010

Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon

Political Science Honors Projects

In the last twenty years the U.S. government has increasingly utilized detention to control illegal immigration. This practice has become controversial because it has caused numerous in-custody abuses and deaths of immigrants, asylum seekers, refugees and even citizens. Immigrant rights advocates have called for the passage of binding detention standards to prevent in-custody abuses. This thesis’s policy analysis reveals, however, that while they may finesse the practice of immigration detention, such binding standards would be ineffective in protecting immigrants’ rights. Instead this policy analysis calls for and explains the feasibility of discontinuing the practice of mass immigrant detention.


Developing A Baccalaureate Digital Forensics Major, John H. Riley May 2010

Developing A Baccalaureate Digital Forensics Major, John H. Riley

Annual ADFSL Conference on Digital Forensics, Security and Law

As colleges and universities consider instituting a bachelor’s degree in digital forensics or computer forensics, there are numerous questions to be addressed. While some of these normally occur in the development of any new major, there are aspects of digital forensics which do not often (if ever) occur in other majors. We discuss the issues that should be resolved in the development of a baccalaureate degree program in digital forensics.

Keywords: Digital forensics major. Computer forensics major.


Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace May 2010

Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace

UNLV Theses, Dissertations, Professional Papers, and Capstones

High levels of violent crime and disorder area concentrated within certain neighborhoods of northwest Las Vegas, Nevada. In April 2009 a police order-maintenance unit designed to reduce minor and major offenses was initiated in these areas. Drawing on the Broken Windows Hypothesis, the unit combined detailed crime analysis with extensive police efforts to address specific community problems. This paper discusses the implementation and impact of the police order-maintenance unit during its operation.


Putting Forfeiture To Work, Sarah M. Buel May 2010

Putting Forfeiture To Work, Sarah M. Buel

SARAH M BUEL

Intimate partner violence (“IPV”) victims are increasingly turning to the courts for help, too often with poor results. Successful witness tampering by offenders sabotages the court system by silencing victims through an array of unlawful conduct, including coercion and violence. The doctrine of forfeiture by wrongdoing should afford a viable solution, but several obstacles constrain its efficacy. Much confusion exists regarding witness tampering and forfeiture law as a result of the recent trilogy of the Crawford, Davis, and Giles Supreme Court decisions. Their cumulative effect is decreased doctrinal uniformity within a perplexing scheme that is difficult to implement. The resulting ...


Liberalism And The Limits Of Inclusion: Race And Immigration Law In The Americas, 1850-2000, David Cook-Martín, David Fitzgerald May 2010

Liberalism And The Limits Of Inclusion: Race And Immigration Law In The Americas, 1850-2000, David Cook-Martín, David Fitzgerald

David Cook-Martín

The relationship between classical political liberalism and racism poses distinct puzzles for different schools of scholarship. On the one hand, conventional accounts maintain that racism has been an aberration in politically liberal regimes. In the field of international migration, prominent analysts have argued that politically liberal regimes are inherently incompatible with legal discrimination based on race. Yet an examination of immigration and nationality laws throughout the Americas from 1850 to 2000 suggests that racial discrimination has been more common in liberal than in illiberal countries of immigration. These empirical findings puzzle scholars who assume (1) the progressive extension of rights ...


Sex, Drug Courts, And Recidivism, Doria Nour Dandan May 2010

Sex, Drug Courts, And Recidivism, Doria Nour Dandan

UNLV Theses, Dissertations, Professional Papers, and Capstones

Research studies have identified gender differences in the drug abusing patterns and treatment needs of men and women. Even so, studies on the drug court model have not assessed drug court effectiveness across sex. Using secondary data collected from the Ada County Drug Court, the recidivism rates of drug court participants (n=259) and probationers (n=235) were analyzed. Drug court participants were found to be less likely to recidivate compared to probationers, which supports previous research on drug court effectiveness. Regression analyses failed to find an interaction between group membership and sex, thereby indicating that the effect of the ...