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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 ...


Experience Constructing The Artifact Genome Project (Agp): Managing The Domain's Knowledge One Artifact At A Time, Cinthya Grajeda, Laura Sanchez, Ibrahim Baggili, Devon R. Clark, Frank Breitinger 2018 University of New Haven

Experience Constructing The Artifact Genome Project (Agp): Managing The Domain's Knowledge One Artifact At A Time, Cinthya Grajeda, Laura Sanchez, Ibrahim Baggili, Devon R. Clark, Frank Breitinger

Electrical & Computer Engineering and Computer Science Faculty Publications

While various tools have been created to assist the digital forensics community with acquiring, processing, and organizing evidence and indicating the existence of artifacts, very few attempts have been made to establish a centralized system for archiving artifacts. The Artifact Genome Project (AGP) has aimed to create the largest vetted and freely available digital forensics repository for Curated Forensic Artifacts (CuFAs). This paper details the experience of building, implementing, and maintaining such a system by sharing design decisions, lessons learned, and future work. We also discuss the impact of AGP in both the professional and academic realms of digital forensics ...


Survey Results On Adults And Cybersecurity Education, Frank Breitinger, Joseph Ricci, Ibrahim Baggili 2018 University of New Haven

Survey Results On Adults And Cybersecurity Education, Frank Breitinger, Joseph Ricci, Ibrahim Baggili

Electrical & Computer Engineering and Computer Science Faculty Publications

Cyberattacks and identity theft are common problems nowadays where researchers often say that humans are the weakest link in the security chain. Therefore, this survey focused on analyzing the interest for adults for ‘cyber threat education seminars’, e.g., how to project themselves and their loved ones. Specifically, we asked questions to understand a possible audience, willingness for paying / time commitment, or fields of interest as well as background and previous training experience. The survey was conducted in late 2016 and taken by 233 participants. The results show that many are worried about cyber threats and about their children exploring ...


Risk Factors Associated With Sexual Assault Among Asian Immigrant Women In Massage Parlors, Daun Jung 2018 CUNY John Jay College

Risk Factors Associated With Sexual Assault Among Asian Immigrant Women In Massage Parlors, Daun Jung

Student Theses

Over the past decade, Asian immigrant women have had an increasing presence in the massage parlor industry. Despite that, little is known about the risk to women in these settings. Previous research has addressed health and physical risk factors, yet there are no specific studies on risk factors for sexual assault among Asian immigrant females who engage in sexual services in massage parlors. Thus, this study aims to examine the prevalence and risk factors for sexual assault against Asian immigrant women in massage parlors. Using existing interview data to examine the relationship between these factors and sexual assault (Chin et ...


Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran 2018 Shay Shiran

Islamic Terrorism In The United States – The Association Of Religious Fundamentalism With Social Isolation & Paths Leading To Extreme Violence Through Processes Of Radicalization., Shay Shiran

Student Theses

This exploratory study focuses on identifying motivations for religious terrorism and Islamic terrorism in the United States in particular. Terrorism is a crime of extreme violence with the end purpose of political influence. This crime is challenging to encounter for its multi-faced characteristics, the unusual motivations of its actors, and their semi-militant conduct. The hypothesis of this study asserts that religious terrorists are radicalized by passing from fundamental to extreme devout agendas, caused by isolation from the dominant society, and resulted in high potential to impose those agendas by extreme violence. Under the theoretical framework of subculture in criminology, this ...


Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri 2018 CUNY John Jay College

Bait Questions As Source Of Misinformation In Police Interviews: Does Race Or Age Of The Suspect Increase Jurors' Memory Errors?, Matilde Ascheri

Student Theses

Bait questions—hypothetical questions about evidence, often used by detectives during interrogations—can activate the misinformation effect and alter jurors’ perceptions of the evidence of a case. Here, we were interested in investigating whether mock jurors’ implicit biases could amplify the magnitude of the misinformation effect. We accomplished this by manipulating the age and race of the suspect being interrogated. As an extension of Luke et al. (2017), we had participants read a police report describing evidence found at a crime scene, then read a transcript of a police interrogation where the detective used bait questions to introduce new evidence ...


Δ-9-Thc Effect On The Dopamine Transporter, Brooke E. Nielsen 2018 CUNY John Jay College

Δ-9-Thc Effect On The Dopamine Transporter, Brooke E. Nielsen

Student Theses

Understanding the mechanism behind drugs of abuse is one of the key elements to understanding why addiction is so prevalent in society. The goal of this research was to determine the effect that a popular cannabinoid, Δ -9-tetrahydrocannabinol has on the regulation of dopamine neurotransmitter in the synapses. It was hypothesized that the addictive high users experience from using Δ-9-THC had a direct effect on lowering the dopamine transporter protein on cell surface causing a buildup of dopamine in the synapse. The results of the study show that the higher concentration of Δ-9-THC that the cells were exposed to caused ...


Can We Learn From Hackers To Protect Victims?, Nicholas Marshall Chavez 2018 California State University – San Bernardino

Can We Learn From Hackers To Protect Victims?, Nicholas Marshall Chavez

Electronic Theses, Projects, and Dissertations

This project examines the protection methods suggested by hackers to guard against online victimization through the lens of Situation Crime Prevention. Data were collected from 85 webpages representing three categories of electronic communications: forums, blogs, and fan pages. The goal of this project was to identify which of the 25 opportunity reduction techniques the hacking community recommend most often, as well as, what level of expertise was associated with the suggested security measures. Results indicate that the technique most recommended by the hacking community was to remove targets with 27% of the total codings. From the results three themes were ...


Identification Of Animal Species By Utilization Of Processed Remains, Melissa I. Gaud 2018 CUNY John Jay College

Identification Of Animal Species By Utilization Of Processed Remains, Melissa I. Gaud

Student Theses

An enzymatic method to process decomposed non-human bone for forensic DNA analysis is presented. Red snapper species is identified by sequencing of the COI gene.

Forensic analysis of DNA from non-human bones can be important in investigating a variety of forensic cases. However, decomposed bone is difficult to process for isolating DNA. In this study, a previously established enzymatic method was utilized to process bone samples that simulate decomposed specimens. Our results demonstrated that this enzymatic processing method is effective for removing decomposed soft tissues and outer surface materials such as mineralized bone connective tissue of bone fragment samples. Our ...


Does Mental Illness Affect Societal Perception Of Sex Offenders?, Keely A. Bartram 2018 CUNY John Jay College

Does Mental Illness Affect Societal Perception Of Sex Offenders?, Keely A. Bartram

Student Theses

Although mental illness is common in the sex offender population, it has never been examined how evidence of such may influence societal perception. In comparison to the non-sex offender population, it was hypothesized that participants would consider mental illness less mitigating for sex offenders, would be less likely to support the mental health treatment of sex offenders while incarcerated, and would consider certain mental illnesses (schizophrenia and substance abuse disorders) as particularly aggravating for this group of offenders. Respondents were asked to read a short vignette and then respond to a series of questions about culpability, sentencing decisions, and mental ...


Zolpidem Facilitated Sexual Assaults: A Hair Method Validation, Danielle N. Chasworth 2018 CUNY John Jay College

Zolpidem Facilitated Sexual Assaults: A Hair Method Validation, Danielle N. Chasworth

Student Theses

A liquid chromatography tandem mass spectrometry (LC-MSMS) method was developed and validated to detect for the presence of zolpidem in human hair samples. Zolpidem is a sedative hypnotic whose adverse effects make it a common drug found in drug facilitated crimes (DFC). It is important to be able to detect and quantitate the drug after a long period of time due to the victim’s delayed reporting of the crime. Hair’s long window of detection makes it a useful matrix for DFC investigations. The linear range of the assay was targeted at 2 pg/mg to 1,000 pg ...


Understanding The Nexus Between Cryptocurrencies And Transnational Crime Operations, Sarah Durrant 2018 CUNY John Jay College

Understanding The Nexus Between Cryptocurrencies And Transnational Crime Operations, Sarah Durrant

Student Theses

Cryptocurrencies are private, decentralized currencies that operate via the Internet and have attracted criminals because of the convenience and virtual anonymity they offer. While there are many descriptive accounts of cryptocurrencies and their use both in legal and illegal operations, to date there is no empirical research to understand the use of cryptocurrencies in transnational crime operations, specifically why transnational criminals may find them attractive to either conduct business or to launder their illicit proceeds. Using the environmental criminological framework, this study analyzed 100 cases of cryptocurrency use in transnational crime activities identified through various secondary sources, including online newspaper ...


Book Review: Constructing Genocide And Mass Violence: Society, Crisis, Identity, Carola Lingaas 2018 University of Oslo

Book Review: Constructing Genocide And Mass Violence: Society, Crisis, Identity, Carola Lingaas

Genocide Studies and Prevention: An International Journal

No abstract provided.


Badges And Brothels: Police Officers’ Attitudes Toward Prostitution, Cody Jorgensen 2018 Boise State University

Badges And Brothels: Police Officers’ Attitudes Toward Prostitution, Cody Jorgensen

Criminal Justice Faculty Publications and Presentations

There is a gap in the literature regarding police officers’ attitudes about vice, specifically prostitution. Scholars should study this topic because police are interacting with drug dealers and drug users, prostitutes, and Johns, and gamblers and bookies regularly. Additionally, how police perceive prostitution is likely to influence how they enforce laws prohibiting it. This paper presents survey items measuring police officers’ attitudes about prostitution related offenses and examines the relationships between officers’ attitudes toward prostitution and their personal as well as professional characteristics. Responding officers displayed fairly serious and punitive attitudes toward prostitution offenses. Respondents believed that prostitution was a ...


Imagination Or Proof: The Use Of Imagery And False Evidence In Eliciting Internalized False Confessions, Kendall McMillen 2018 CUNY John Jay College

Imagination Or Proof: The Use Of Imagery And False Evidence In Eliciting Internalized False Confessions, Kendall Mcmillen

Student Theses

Rates of internalized false confessions has become increasingly salient through the use of DNA evidence in exonerating those who have been wrongfully convicted. False confessions also carry heavy legal consequences, and internalized false confessions (Appleby & Kassin, 2016; Kassin & Neumann, 1997; Kassin & Wrightsman, 1980), where the individual actually believes they committed a crime, may be especially damning (Kassin S., 2007). The presentation of false evidence has been found to be extremely influential in eliciting a false confession (Horselenberg, Merckelbach, & Josephs, 2003; Kassin & Kiechel, 1996; Nash & Wade, 2009), as well as imagery (Garry, Manning, Loftus, & Sherman, 1996; Garry & Wade, 2005; Nash, Wade, & Lindsay, 2009; Shaw & Porter, 2015), but they have not been directly compared in previous literature. This was an exploratory study replicating the gambling paradigm created by Nash and Wade (2008), aimed at examining and directly comparing the effects of different forms of false evidence (i.e., shown-doctored video footage, told-doctored video footage, shown-eyewitness, told-eyewitness) and imagery, and their rates in ...


Social Work Students’ Attitudes And Beliefs About Mental Health Courts, Nicholas Bettosini, Conrad Paul Akins-Johnson 2018 California State University, San Bernardino

Social Work Students’ Attitudes And Beliefs About Mental Health Courts, Nicholas Bettosini, Conrad Paul Akins-Johnson

Electronic Theses, Projects, and Dissertations

Mental Health Courts (MHCs) are a diversion program for mentally ill offenders in lieu of incarceration. The Substance Abuse and Mental Services Administration (SAMHSA) developed these specialized court programs in the 1990’s to assist mentally ill offenders in overcoming barriers to treatment. While new laws have begun to change the way mentally ill offenders are viewed from a law enforcement standpoint, social workers’ attitudes and beliefs about these programs have not been studied. This quantitative study’s purpose was to examine Master of Social Work (MSW) Graduate students’ attitudes and beliefs of mentally ill offenders and MHCs. Social work ...


Volume 1, Issue 2, 2018 James Madison University

Volume 1, Issue 2

International Journal on Responsibility

Contents:

3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.

6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.

27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?

65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.

78 – 96 John Fairfield, Beyond non-violence to courtship.

97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.


Contents, ADFSL 2018 Embry-Riddle Aeronautical University

Contents, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Front Matter, ADFSL 2018 Embry-Riddle Aeronautical University

Front Matter, Adfsl

Annual ADFSL Conference on Digital Forensics, Security and Law

No abstract provided.


Identity, Discourse, And Rehabilitation In Parole Hearings In The United States, Danielle Lavin-Loucks, Kristin M. Levin 2018 Valparaiso University

Identity, Discourse, And Rehabilitation In Parole Hearings In The United States, Danielle Lavin-Loucks, Kristin M. Levin

Journal of Prison Education and Reentry

Research on parole in the United States has primarily followed a deterministic approach, favoring an examination of variables contributing to release. However, a great deal of prior research neglects a central aspect of the parole process: mainly the hearing. Adopting an ethnographically informed conversation analytic approach, this article addresses one tactic offenders utilize to appeal to a state parole board for release– claiming rehabilitated status. Offenders appealing for parole attempt to establish, in a performative space, their identity as rehabilitated. More globally, this article addresses how individual manage, assert, and negotiate identity in the course of interaction. The achievement of ...


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