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Finding Law, Stephen E. Sachs 2019 Duke Law School

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and ...


Social Justice Guest Speaker Series: Does More Immigration Mean More Crime In The United States?, Ramiro Martinez Ph.D. 2018 Northeastern University

Social Justice Guest Speaker Series: Does More Immigration Mean More Crime In The United States?, Ramiro Martinez Ph.D.

Social Justice & Activism

Professor Martinez is a quantitative criminologist. Within that broad arena, his work contributes to violent crime research. His core research agenda asks how does violence vary across ecological settings, and, does violent crime and violent deaths vary across racial/ethnic and immigrant groups? In 2011, he was a recipient of American Society of Criminology DPCC’s Lifetime Achievement for outstanding scholarship in the area of race, crime, and justice. In 2007 he was a recipient of American Society of Criminology DPCC’s Coramae Richey Mann Award for outstanding scholarship in the area of race, crime, and justice. In 2006 he ...


Legal Optimism: Restoring Trust In The Criminal Justice System Through Procedural Justice, Positive Psychology And Just Culture Event Reviews, John Hollway 2018 University of Pennsylvania

Legal Optimism: Restoring Trust In The Criminal Justice System Through Procedural Justice, Positive Psychology And Just Culture Event Reviews, John Hollway

Master of Applied Positive Psychology (MAPP) Capstone Projects

Like any complex, dynamic system, the American criminal justice system makes mistakes. Unfortunately, criminal justice organizations lack a systematic process enabling them to learn from cases of error. Ignoring or minimizing errors erodes organizational legitimacy and contributes to a downward spiral of legal cynicism that increases violent crime. This paper describes the application of positive psychology and procedural justice to restore legal optimism – confidence and trust that the criminal justice system will respond in a just fashion to criminal activity – through Just Culture Event Reviews (JCERs), non-blaming multi-stakeholder reviews of cases where the system has erred. JCERs identify contributing factors ...


A General Mitigation For Crimes Driven By Emotion?: Physiological, Personal Choice, And Normative Inquiries, Paul H. Robinson 2018 University of Pennsylvania Law School

A General Mitigation For Crimes Driven By Emotion?: Physiological, Personal Choice, And Normative Inquiries, Paul H. Robinson

Faculty Scholarship

It is argued here that the narrow provoked “heat of passion” mitigation available under current law ought to be significantly expanded to include not just murder but all felonies and not just “heat of passion” but potentially all emotions. The mitigation would be limited, however, to those instances in which the jury finds that a mitigation is deserved upon taking account of the extent of the internal pressure to commit the offense (the physiological inquiry), the extent of the offender’s efforts to resist that pressure (the personal choice inquiry), and the effect of giving such a mitigation on community ...


Neurohype And The Law: A Cautionary Tale, Stephen J. Morse 2018 University of Pennsylvania Law School

Neurohype And The Law: A Cautionary Tale, Stephen J. Morse

Faculty Scholarship

This chapter suggests that for conceptual, empirical, and practical reasons, neuroscience in general and non-invasive brain imaging in particular are not likely to revolutionize the law and our conception of ourselves, but may make modest contributions to legal policy and case adjudication if the legal relevance of the science is properly understood.


Forensic Analysis Of Fiber Dyes Via Surface-Enhanced Raman Spectroscopy, Mircea A. Comanescu 2018 The Graduate Center, City University of New York

Forensic Analysis Of Fiber Dyes Via Surface-Enhanced Raman Spectroscopy, Mircea A. Comanescu

All Dissertations, Theses, and Capstone Projects

Fibers are a common piece of evidence found at crime scenes that may become a link between the scene and a suspect, or allow for the reconstruction of certain crime events. Although a big portion of fibers are still white cottons, the advancement of commercial fiber production and dyeing in the past century led to an increase in types of synthetic fibers and dye applications that can be found and used in forensic analyses. Nonetheless, the fiber evidentiary value is not fully explored, as for the most part, the separation and analysis of the dye on the fiber is not ...


Global Pretrial Detention Use: A Cross-National Analysis, Martin Schönteich 2018 The Graduate Center, City University of New York

Global Pretrial Detention Use: A Cross-National Analysis, Martin Schönteich

All Dissertations, Theses, and Capstone Projects

To better understand global pretrial detention patterns, this study explores economic, political, and social factors associated with two measures of pretrial detention: the number of pretrial detainees as a rate of the general population, and the number of pretrial detainees as a proportion of the overall prison population. Through simple correlation analysis, stepwise regression, and moderation analyses, the study identifies factors which are most strongly associated with the two pretrial detention measures. The literature does not report any large-scale cross-national studies on pretrial detention. This study addresses this gap, focusing exclusively on pretrial detention using a large cross-national sample of ...


Investigating Physicians Billing For Services Not Rendered: Fraud Detection, Interviewing And Referral To Law Enforcement, Glenn Forte Jr 2018 La Salle University

Investigating Physicians Billing For Services Not Rendered: Fraud Detection, Interviewing And Referral To Law Enforcement, Glenn Forte Jr

Economic Crime Forensics Capstones

This qualitative study examines the role of healthcare insurance investigators related to medical fraud among physicians billing for services not rendered. Grounded in academic scholarship, industry case studies and first-hand knowledge, this study introduces methods identifying fraudulent activities, fraud detection practices and implications from discovering fraud among physicians, patients, and health insurance companies. The three types of methodologies employed provide a lens into determining misappropriation of healthcare insurance and patient monetary funds.

Healthcare fraud falls within the arena of white-collar crime. It consists of filing dishonest healthcare claims to receive a profit. Fraudulent healthcare schemes come in many forms. The ...


Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu 2018 La Salle University

Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu

Economic Crime Forensics Capstones

The Capstone Project will focus on money laundering in Nigeria by Politically Exposed Persons (PEPs) and the devastating negative impact on Nigeria’s progress as well as various measures that could combat it.

The Financial Action Task Force (FATF) defines money laundering as the processing of “ Criminal proceeds to disguise their illegal origin.” And PEPs as “someone who has been entrusted with a public function.” (FATF, 2018). The Nigerian government has adopted the term, “politically exposed persons” to include senior politicians and senior government officials as well as their immediate family.

According to Nigeria’s president, Muhammadu Buhari, $150 billion ...


Digital Forensics In The Next Five Years, Laoise Luciano, Ibrahim Baggili, Mateusz Topor, Peter Casey, Frank Breitinger 2018 University of New Haven

Digital Forensics In The Next Five Years, Laoise Luciano, Ibrahim Baggili, Mateusz Topor, Peter Casey, Frank Breitinger

Electrical & Computer Engineering and Computer Science Faculty Publications

Cyber forensics has encountered major obstacles over the last decade and is at a crossroads. This paper presents data that was obtained during the National Workshop on Redefining Cyber Forensics (NWRCF) on May 23-24, 2017 supported by the National Science Foundation and organized by the University of New Haven. Qualitative and quantitative data were analyzed from twenty-four cyber forensics expert panel members. This work identified important themes that need to be addressed by the community, focusing on (1) where the domain currently is; (2) where it needs to go and; (3) steps needed to improve it. Furthermore, based on the ...


I Know What You Did Last Summer: Your Smart Home Internet Of Things And Your Iphone Forensically Ratting You Out, Gokila Dorai, Shiva Houshmand, Ibrahim Baggili 2018 Florida State University

I Know What You Did Last Summer: Your Smart Home Internet Of Things And Your Iphone Forensically Ratting You Out, Gokila Dorai, Shiva Houshmand, Ibrahim Baggili

Electrical & Computer Engineering and Computer Science Faculty Publications

The adoption of smart home Internet of Things (IoT) devices continues to grow. What if your devices can snitch on you and let us know where you are at any given point in time? In this work we examined the forensic artifacts produced by Nest devices, and in specific, we examined the logical backup structure of an iPhone used to control a Nest thermostat, Nest Indoor Camera and a Nest Outdoor Camera. We also integrated the Google Home Mini as another method of controlling the studied Smart Home devices. Our work is the primary account for the examination of Nest ...


Yelp’S Review Filtering Algorithm, Yao Yao, Ivelin Angelov, Jack Rasmus-Vorrath, Mooyoung Lee, Daniel W. Engels 2018 Southern Methodist University

Yelp’S Review Filtering Algorithm, Yao Yao, Ivelin Angelov, Jack Rasmus-Vorrath, Mooyoung Lee, Daniel W. Engels

SMU Data Science Review

In this paper, we present an analysis of features influencing Yelp's proprietary review filtering algorithm. Classifying or misclassifying reviews as recommended or non-recommended affects average ratings, consumer decisions, and ultimately, business revenue. Our analysis involves systematically sampling and scraping Yelp restaurant reviews. Features are extracted from review metadata and engineered from metrics and scores generated using text classifiers and sentiment analysis. The coefficients of a multivariate logistic regression model were interpreted as quantifications of the relative importance of features in classifying reviews as recommended or non-recommended. The model classified review recommendations with an accuracy of 78%. We found that ...


Understanding The Sexual Assault Kit Backlog In Pennsylvania, Kallie Crawford, Lyndsie Ferrara 2018 Duquesne University

Understanding The Sexual Assault Kit Backlog In Pennsylvania, Kallie Crawford, Lyndsie Ferrara

Graduate Student Research Symposium

According to the FBI, to date, there are more than 400,000 untested sexual assault kits nationwide. While this is a huge issue that cannot be solved overnight, continual improvements and changes are needed to reduce and hopefully eliminate the backlog.

This research examines work going on nationwide and aims to better understand the backlog issues specifically in Pennsylvania. Furthermore, the research examines a program utilized by the law enforcement community that garnered necessary resources. First, a comprehensive review of improved practices in proactive jurisdictions of Ohio, Houston, Texas, and Detroit, Michigan was conducted to identify general policies and procedures ...


Open-Source Tools For Dense Facial Tissue Depth Mapping (Ftdm) Of Computed Tomography Models, Terrie Simmons-Ehrhardt, Catyana Falsetti, Anthony B. Falsetti, Christopher J. Ehrhardt 2018 School of World Studies, Virginia Commonwealth University

Open-Source Tools For Dense Facial Tissue Depth Mapping (Ftdm) Of Computed Tomography Models, Terrie Simmons-Ehrhardt, Catyana Falsetti, Anthony B. Falsetti, Christopher J. Ehrhardt

Human Biology Open Access Pre-Prints

Computed tomography (CT) scans provide anthropologists with a resource to generate three- dimensional (3D) digital skeletal material to expand quantification methods and build more standardized reference collections. The ability to visualize and manipulate the bone and skin of the face simultaneously in a 3D digital environment introduces a new way for forensic facial approximation practitioners to access and study the face. Craniofacial relationships can be quantified with landmarks or with surface processing software that can quantify the geometric properties of the entire 3D facial surface. This paper describes tools for the generation of dense facial tissue depth maps (FTDMs) using ...


Navigating Rough Waters: Public Swimming Pools, Discrimination, And The Law, Steven N. Waller Ph.D., Jim Bemiller JD 2018 The University of Tennessee- Knoxville

Navigating Rough Waters: Public Swimming Pools, Discrimination, And The Law, Steven N. Waller Ph.D., Jim Bemiller Jd

International Journal of Aquatic Research and Education

Historically, swimming pools have been a focal point of racial tension. Discrimination and segregation are inextricably tied to the history of public swimming usage in the United States. Pools are public spaces that are physically and visually intimate. History has revealed that both de jure (enacted through the law by the government) and de facto (occurs through social interaction) discrimination have contributed to segregatory practices in the United States. The purpose of this article is twofold: 1) to examine the social pattern of discrimination that has stymied the growth of swimming in communities of color in the United States; and ...


Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon 2018 St. Mary's University School of Law

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo 2018 St. Mary's University School of Law

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Broadus 2018 The University of Southern Mississippi

A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Broadus

Master's Theses

Police studies have well developed a demonstrative framework for detailing risks which generate financially-detrimental civil litigation – particularly regarding 42 U.S.C. §1983. Conversely, though, police studies have given little attention to the often-used but differentially-trained reserve police officer. Primarily replicating the methodologies of Kappeler, Kappeler, and del Carmen (1993) and Ross (2000), this descriptive study sought to fill this void via a manifest content approach to purposively select a sample of Section 1983 cases decided by U.S. District Courts over a 16-year period (2001-2016) to determine: (1) if significant liability was generated by reserve officers, (2) the main ...


Welcoming Remarks From The Ijcic Honorary Editor, Peter Grabosky 2018 Australian National University

Welcoming Remarks From The Ijcic Honorary Editor, Peter Grabosky

International Journal of Cybersecurity Intelligence & Cybercrime

No abstract provided.


The Present And Future Of Cybercrime, Cyberterrorism, And Cybersecurity, Kyung-shick Choi, Claire Seungeun Lee 2018 Bridgewater State University

The Present And Future Of Cybercrime, Cyberterrorism, And Cybersecurity, Kyung-Shick Choi, Claire Seungeun Lee

International Journal of Cybersecurity Intelligence & Cybercrime

Cybercriminology combines knowledge from criminology, psychology, sociology, computer science, and cybersecurity to provide an in-depth understanding of cybercrime. Cybercrime and cybersecurity are interconnected across many places, platforms, and actors. Cybercrime issues are continuously and expeditiously changing and developing, especially with the advent of new technologies. The International Journal of Cybersecurity Intelligence and Cybercrime (IJCIC) aims to contribute to the growing field of cybercriminology and cybersecurity. The IJCIC is eager to work with scholars, policy analysts, practitioners, and others to enhance theory, methods, and practice within cybercrime and cybersecurity at the regional, national, and international levels.


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