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Articles 1 - 5 of 5
Full-Text Articles in Evidence
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Dickinson Law Review (2017-Present)
No abstract provided.
Possession Of Child Exploitation Material In Computer Temporary Internet Cache, Sungmi Park, Yunsik Jake Jang, Joshua I. James
Possession Of Child Exploitation Material In Computer Temporary Internet Cache, Sungmi Park, Yunsik Jake Jang, Joshua I. James
Journal of Digital Forensics, Security and Law
When considering the possession of child exploitation material U.S. and German courts have the same focus, but slightly different interpretations. This slight difference in interpretation could mean that in one country a defendant will be found guilty of possession while in the other country he or she could be found not guilty. In this work we examine the standards courts in Germany and the United States have used to combat child pornography, and analyze the approaches specifically related to viewing and possession of CEM. A uniform solution is suggested that criminalizes “knowing access with the intention to view” as a …
The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach
The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach
All Faculty Scholarship
In Tyson Foods v. Bouaphakeo, a "donning and doffing" case brought under Iowa state law incorporating the Fair Labor Standards Act's overtime pay provisions, the petitioners asked the Supreme Court to reject the use of statistical evidence in Rule 23(b)(3) class certification. To its great credit, the Court refused. In its majority opinion, the Court cited both the Federal Rules of Evidence and federal common law interpreting the FLSA. In this paper, I take a moderately deep dive into the facts of the case, and the three opinions penned by Justice Kennedy (for the Court), Chief Justice Roberts (in …
A Culture Of Silence: Exploring The Impact Of The Historically Contentious Relationship Between African-Americans And The Police, Mikah K. Thompson
A Culture Of Silence: Exploring The Impact Of The Historically Contentious Relationship Between African-Americans And The Police, Mikah K. Thompson
Faculty Works
The relationship between African-Americans and the police has traditionally been focused on authority, control, and the enforcement of laws we now acknowledge were racially discriminatory. This historical relationship, when combined with a modern-day narrative that the police disproportionately stop, arrest, and utilize deadly force against African-Americans, has resulted in pervasive, inter-generational fear and distrust of the police. Most African-Americans view police officers not as the heroic protectors they can call upon when in need of help or the hard-hitting investigators they would trust to look into a family member’s murder. Instead, many African-Americans believe police officers have bought into the …
Network Investigation Techniques: Government Hacking And The Need For Adjustment In The Third-Party Doctrine, Eduardo R. Mendoza
Network Investigation Techniques: Government Hacking And The Need For Adjustment In The Third-Party Doctrine, Eduardo R. Mendoza
St. Mary's Law Journal
Modern society is largely dependent on technology, and legal discovery is no longer limited to hard-copy, tangible documents. The clash of technology and the law is an exciting, yet dangerous phenomena; dangerous because our justice system desperately needs technological progress. The clash between scientific advancement and the search for truth has recently taken an interesting form—government hacking. The United States Government has increasingly used Network Investigation Techniques (NITs) to target suspects in criminal investigations. NITs operate by identifying suspects who have taken affirmative steps to conceal their identity while browsing the Internet. The hacking technique has become especially useful to …