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Full-Text Articles in Law

Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers Jun 2018

Historic Preservation And Progress In Atlanta: Opportunity Knocks, Ian Michael Rogers

Journal of Comparative Urban Law and Policy

This paper explores where Atlanta’s historic preservation ethos stands in 2017. Further, this paper examines and analyzes how historic preservation can be more fully supported in Atlanta through strategic tools and policies.


Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska Jun 2018

Natura 2000 - The European Union Mechanism For Nature Conservation. Some Legal Issues., Maria Kenig-Witkowska

Journal of Comparative Urban Law and Policy

No abstract provided.


Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons Jun 2018

Water Shortage And Water Law: The Impending Crisis In Semi-Arid Climates, Bonnie Persons

Journal of Comparative Urban Law and Policy

Water is a business driver and a substantial source of both wealth and risk. Water is also under increasing statutory and legislative pressure as jurisdictions strive to manage water resources more holistically by addressing both surface and groundwater together, but on a more decentralized and sustainable basis. The potential collapse of the municipal water system in Cape Town, South Africa serves as a stark alarm for cities in arid and semi-arid, Mediterranean-like environments. This risk is especially true of cities like Marseilles, France and regions like California. By comparing the impacts of the water law in these different jurisdictions, this ...


Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor Jun 2018

Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor

Journal of Comparative Urban Law and Policy

Miami, Cape Town, and Marseille have taken dissimilar approaches in their attempts to legislate and supply affordable housing to those in need. One of these cities has no justiciable right whatsoever, one has a right set out in its national constitution, and one has a right set out in its national law. These cities have had different degrees of success in aiding those in need of adequate housing; however, each of these cities continues to suffer from both a lack of affordable housing and a widening income gap. Examining the frameworks and the efforts of these three port cities establishes ...


Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce Jun 2018

Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce

Journal of Comparative Urban Law and Policy

The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is ...


Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari Jun 2018

Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari

Journal of Comparative Urban Law and Policy

This article is a comparative analysis of property systems and their social dimensions between the United States (U.S.) and the European Union (EU). Throughout the article, we show how the fees and development taxes applied in the U.S. refer to an ex ante rationale assumed by private owners to compensate communities for land transformation or environmental impacts, while inside the EU, the political consensus is responsible for the imposition of limits in ex post abuses of ownership. Either in public administrations, or in the Council of Ministers of the EU, the social function of property is better understood ...


Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle Jun 2018

Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle

Journal of Comparative Urban Law and Policy

Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem ...


The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio Jun 2018

The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio

Journal of Comparative Urban Law and Policy

The exponential demographic increase of the last century and the transformation of the cities, from industrial to service providers, added to the phenomenon of conurbation. In addition, the new social, environmental, economic, political and cultural dynamics of close cities, challenged the traditional municipal power and required a collaborative new management framework. Global cities became metropolitan areas. Issues of local urban interest are now of regional preoccupation. Governmental institutional frameworks and urban planning were not designed to match this new socioeconomic and environmental metropolitan order. This paper deals with the legal challenges of creating metropolitan governance structures comparing France and Brazil ...


The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith Jun 2018

The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith

Journal of Comparative Urban Law and Policy

France’s long history of centralized governance has generated debates as to what powers should remain with the State and what powers should devolve to sub-national governments. To ameliorate the fragmentation resulting from the small size of France’s 36,000 plus municipalities, called communes, the State authorized the creation of general-purpose, inter-communal public institutions to perform municipal functions on behalf of the communes on a greater economy of scale. The article examines the trajectory that led to the creation in 2010 of the métropole, or metropolis, the most recent of these inter-communal bodies that is designed to undertake public ...


The Future Of French Metropolis, Anne-Claire Mialot Jun 2018

The Future Of French Metropolis, Anne-Claire Mialot

Journal of Comparative Urban Law and Policy

No abstract provided.


Introduction, Julian Conrad Juergensmeyer, Karen Johnston Jun 2018

Introduction, Julian Conrad Juergensmeyer, Karen Johnston

Journal of Comparative Urban Law and Policy

No abstract provided.


Contents, Adfsl May 2018

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Front Matter, Adfsl May 2018

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Legislation Meets Tradition: Interpretations And Implications Of The Volunteer Protection Act For Nonprofit Organizations As Viewed Through The Lens Of Hermeneutics, Patricia Groble, Nicholas C. Zingale, Joseph Mead May 2018

Legislation Meets Tradition: Interpretations And Implications Of The Volunteer Protection Act For Nonprofit Organizations As Viewed Through The Lens Of Hermeneutics, Patricia Groble, Nicholas C. Zingale, Joseph Mead

Journal of Public Management & Social Policy

Volunteers enable nonprofit organizations to reach more clients and more effectively fulfill their missions. However, the good done by these volunteers may be offset by their careless behavior. Rising fears that resulting lawsuits and monetary damages would deter potential volunteers from volunteering caused Congress to enact the Volunteer Protection Act. This research studies court decisions to ascertain whether the law fulfills its purpose and considers the implications of these interpretations for nonprofit managers. It also tests the usefulness of the hermeneutical approach to legal interpretation and to determine how the Act has changed as a result of these court decisions.


Analysis Of Data Erasure Capability On Sshd Drives For Data Recovery, Andrew Blyth May 2018

Analysis Of Data Erasure Capability On Sshd Drives For Data Recovery, Andrew Blyth

Annual ADFSL Conference on Digital Forensics, Security and Law

Data Protection and Computer Forensics/Anti-Forensics has now become a critical area of concern for organizations. A key element to this is how data is sanitized at end of life. In this paper we explore Hybrid Solid State Hybrid Drives (SSHD) and the impact that various Computer Forensics and Data Recovery techniques have when performing data erasure upon a SSHD.


Knowledge Expiration In Security Awareness Training, Tianjian Zhang May 2018

Knowledge Expiration In Security Awareness Training, Tianjian Zhang

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Positive Identification Of Lsb Image Steganography Using Cover Image Comparisons, Michael Pelosi, Nimesh Poudel, Pratap Lamichhane, Devon Lam, Gary Kessler, Joshua Macmonagle May 2018

Positive Identification Of Lsb Image Steganography Using Cover Image Comparisons, Michael Pelosi, Nimesh Poudel, Pratap Lamichhane, Devon Lam, Gary Kessler, Joshua Macmonagle

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we introduce a new software concept specifically designed to allow the digital forensics professional to clearly identify and attribute instances of LSB image steganography by using the original cover image in side-by-side comparison with a suspected steganographic payload image. The “CounterSteg” software allows detailed analysis and comparison of both the original cover image and any modified image, using sophisticated bit- and color-channel visual depiction graphics. In certain cases, the steganographic software used for message transmission can be identified by the forensic analysis of LSB and other changes in the payload image. The paper demonstrates usage and typical ...


Exploring The Use Of Graph Databases To Catalog Artifacts For Client Forensics, Rose Shumba May 2018

Exploring The Use Of Graph Databases To Catalog Artifacts For Client Forensics, Rose Shumba

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud computing has revolutionized the methods by which digital data is stored, processed, and transmitted. It is providing users with data storage and processing services, enabling access to resources through multiple devices. Although organizations continue to embrace the advantages of flexibility and scalability offered by cloud computing, insider threats are becoming a serious concern as cited by security researchers. Insiders can use authorized access to steal sensitive information, calling for the need for an investigation. This concept paper describes research in progress towards developing a Neo4j graph database tool to enhance client forensics. The tool, with a Python interface, allows ...


Non-Use Of A Mobile Phone During Conducting Crime Can Also Be Evidential, Vinod Polpaya Bhattathiripad Ph D May 2018

Non-Use Of A Mobile Phone During Conducting Crime Can Also Be Evidential, Vinod Polpaya Bhattathiripad Ph D

Annual ADFSL Conference on Digital Forensics, Security and Law

Cyber-clever criminals who are aware of the consequence of using mobile phones during conducting crimes often stay away from their phones while involved in crimes. Some of them even change their handset and SIM card, subsequently. This article looks into how, intentional disassociation (and even unintentional non-use) of mobile phone in (non-cyber) crimes, can become evidential clues of the perpetrators’ involvement in criminal acts. With the help of a recent judicial episode, this article reveals how extremely careful and masterful handling of extensive and voluminous Call Details Records and tower dumps by a cyber-savvy investigating official can unearth evidential clues ...


Live Gpu Forensics: The Process Of Recovering Video Frames From Nvidia Gpu, Yazeed M. Albabtain, Baijian Yang May 2018

Live Gpu Forensics: The Process Of Recovering Video Frames From Nvidia Gpu, Yazeed M. Albabtain, Baijian Yang

Annual ADFSL Conference on Digital Forensics, Security and Law

The purpose of this research is to apply a graphics processing unit (GPU) forensics method to recover video artifacts from NVIDIA GPU. The tested video specs are 512 x 512 in resolution for video 1 and 800 x 600 in resolution for video 2. Both videos are mpeg4 video codec. A VLC player was used in the experiment. A special program has been developed using OpenCL to recover 1) patterns that are frames consist of pixel values and 2) dump data from the GPU global memory. The dump data that represent the video frame were located using simple steps. The ...


Unmanned Aerial Vehicle Forensic Investigation Process: Dji Phantom 3 Drone As A Case Study, Alan Roder, Kim-Kwang Raymond Choo, Nhien-A Le-Khac May 2018

Unmanned Aerial Vehicle Forensic Investigation Process: Dji Phantom 3 Drone As A Case Study, Alan Roder, Kim-Kwang Raymond Choo, Nhien-A Le-Khac

Annual ADFSL Conference on Digital Forensics, Security and Law

Drones (also known as Unmanned Aerial Vehicles – UAVs) are a potential source of evidence in a digital investigation, partly due to their increasing popularity in our society. However, existing UAV/drone forensics generally rely on conventional digital forensic investigation guidelines such as those of ACPO and NIST, which may not be entirely fit-for-purpose. In this paper, we identify the challenges associated with UAV/drone forensics. We then explore and evaluate existing forensic guidelines, in terms of their effectiveness for UAV/drone forensic investigations. Next, we present our set of guidelines for UAV/drone investigations. Finally, we demonstrate how the proposed ...


Detection And Recovery Of Anti-Forensic (Vault) Applications On Android Devices, Michaila Duncan, Umit Karabiyik May 2018

Detection And Recovery Of Anti-Forensic (Vault) Applications On Android Devices, Michaila Duncan, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Significant number of mobile device users currently employ anti-forensics applications, also known as vault or locker applications, on their mobile devices in order to hide files such as photos. Because of this, investigators are required to spend a large portion of their time manually looking at the applications installed on the device. Currently, there is no automated method of detecting these anti-forensics applications on an Android device. This work presents the creation and testing of a vault application detection system to be used on Android devices. The main goal of this work is twofold: (i) Detecting and reporting the presence ...


Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff May 2018

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

Faculty Scholarship

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of ...


Frictions In Transitional Justice Processes: Colombia's Victims Law, Integral Reparation And The Temporality Of Multiple Victimization In Displaced Women, Sophie Rähme May 2018

Frictions In Transitional Justice Processes: Colombia's Victims Law, Integral Reparation And The Temporality Of Multiple Victimization In Displaced Women, Sophie Rähme

Gobernar: The Journal of Latin American Public Policy and Governance

This article addresses the challenges that integral reparation programs meet when aiming to respond to multiple victimization experienced by displaced women. By adopting the ethnographic concept of “frictions” (Tsing, 2005), I analyze four dimensions of discursive frictions that occur surrounding reparative practice backed by the Law on Victims and Land Restitution and its multiple local encounters and dis-encounters when compensating multiple victimization in the post-conflict of Medellín. Like other studies have identified shortcomings of the idealistic and innovative Colombian reparation program, it becomes evident that the integral reparation efforts fall short in addressing the real complexity of interrelated and multiples ...


Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang May 2018

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in ...


Military Justice: A Very Short Introduction (Book Review), Mark Patrick Nevitt May 2018

Military Justice: A Very Short Introduction (Book Review), Mark Patrick Nevitt

Faculty Scholarship

This short essay reviews Professor Eugene Fidell’s recently published book, “Military Justice A Very Short Introduction” (Oxford Press). This book is a welcome addition to military law and military justice literature more generally. Eugene Fidell, a professor at Yale Law School, brings a tremendous breadth of experience as both a scholar and military justice practitioner. He also possesses a keen observational and critical eye to the subject of military justice practiced here and abroad.

The book review first provides an overview of Professor Fidell’s book, its organizational set-up, and where it sits in the broader context of military ...


Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd May 2018

Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd

Texas A&M Law Review

Funding higher education is among the critical financial decisions made by individuals and families. There are myriad options. Yet, the conventional wisdom—namely using Section 529 Plans—may not be the optimal vehicle to effectuate this goal. Therefore, this Article discusses various strategies to plan, save, and pay for higher education. It compares various savings methods including gifts, UTMA accounts, Section 529 Plans, trusts, and other vehicles. The analysis explores both tax and non-tax considerations, including the effect of different strategies on financial aid, transaction costs, investor control, income taxes, gift and estate taxes, flexibility, and creditor protection. This Article ...


Identifying The Newly Insurable Medicaid Coverage Gap Population Under The Affordable Care Act: Who They Are And Where They Live, Samuel L. Woodruff May 2018

Identifying The Newly Insurable Medicaid Coverage Gap Population Under The Affordable Care Act: Who They Are And Where They Live, Samuel L. Woodruff

Service Learning/Capstone Experience

The goal of this Capstone Project is to better define and geographically locate the potential distribution of individuals who fall within the current Medicaid Coverage Gap and those populations who would be eligible for Medicaid under the expansion of Medicaid within the state of Nebraska. Using data from multiple United States Census Bureau sources, along with available data from the Health Resources and Services Administration (HRSA), this project looks to also locate populations of these individuals that may live within established Medically Underserved Areas (MUA's) or Health Professional Shortage Areas (HPSA's) within the state. American Community Survey 5-year ...


California Redevelopment 2.0: Implementation Of Community Revitalization And Investment Authorities, Christopher Hoem May 2018

California Redevelopment 2.0: Implementation Of Community Revitalization And Investment Authorities, Christopher Hoem

Master's Projects

This research aims at revealing the challenges and opportunities in implementing Community Revitalization and Investment Authorities (CRIAs) in California.

This study will focus on the implementation of CRIAs, but it is worth examining alternative economic development tools to draw comprehensive comparisons and understand their advantages and disadvantages.

Understanding economic development tools may be valuable for the commercial and industrial growth and prosperity of cities and local governments. It may also be important to increase the number of affordable housing units in an area. Businesses and low-income families alike share the benefits of successful redevelopment. It may be possible to reveal ...


Us China Trade Dispute Over Intellectual Property, Mozi Luo May 2018

Us China Trade Dispute Over Intellectual Property, Mozi Luo

Master's Projects

How have Section 301 investigations impacted trade relations between China and the U.S. in clean energy area, and between Japan and the U.S. in semiconductor and auto part areas, and does the impact provide a guide for the possible outcome of the upcoming Section 301 investigation of China?

After President Donald Trump’s memorandum on August 14, 2017 stating that China’s behavior regarding intellectual property rights (IPR) and the high technology industries adversely influences the U.S. economy, the United States Trade Representative (USTR) declared the initiation of a section 301 investigation of China on the topic ...