New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices,
2010
University of Pennsylvania Carey Law School
New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices, Stephanos Bibas, Jennifer Blasser, Keith A. Findley, Ronald F. Wright, Jennifer E. Laurin, Cookie Ridolfi
All Faculty Scholarship
No abstract provided.
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present,
2010
University of Pennsylvania Carey Law School
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
All Faculty Scholarship
This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …
Regulating The Use Of Genetic Information: Perspective From The U.S. Experience,
2010
Washington University in St. Louis School of Law
Regulating The Use Of Genetic Information: Perspective From The U.S. Experience, Pauline Kim
Scholarship@WashULaw
This essay comments on an empirical study documenting the policies, practices, and attitudes of Australian employers regarding the use of genetic information from the U.S. perspective. The U.S. Congress recently enacted the Genetic Information Nondiscrimination Act of 2008 (GINA), which, among other things, prohibits employment discrimination on the basis of genetic information and restricts employers’ access to their employees’ genetic information. Just as the Australian study found no evidence of systematic use of genetic testing or screening by employers, GINA was passed in the absence of any evidence of widespread employment discrimination on the basis of genetic characteristics. Although it …
Film Review: Masculinity & Interracial Intimacy In 'Star Trek' And 'Gran Torino',
2010
Washington University in St Louis School of Law
Film Review: Masculinity & Interracial Intimacy In 'Star Trek' And 'Gran Torino', Adrienne D. Davis
Scholarship@WashULaw
Race has long been a central object of political reflection. The salience of racial difference remains hotly debated, figuring in both “utopian” and “dystopian” visions of America’s political future. If race is a primary configuration of “difference” and inequality in the nation, then intimacy between the races is often construed as either a bellwether of equality and political utopia or a re-inscribing of political dominance, typically represented as sexual predation by men against women. Quite expectedly, these political fantasies and fears are often played out at the multiplex, and we can see them in stark relief in two recent films …
Multidistrict Litigation: A Surprising Bonus For Pro Se Plaintiffs And A Possible Boon For Consumers,
2010
Washington University in St. Louis School of Law
Multidistrict Litigation: A Surprising Bonus For Pro Se Plaintiffs And A Possible Boon For Consumers, Danielle D'Onfro
Scholarship@WashULaw
Conventional wisdom says that pro se plaintiffs almost invariably fare worse than represented plaintiffs. However, there exists in federal court a procedural regime under which pro se plaintiffs effectively receive attorneys and therefore experience success rates similar to their represented peers: multidistrict litigation. Multidistrict litigation is a procedure for consolidating multiple federal civil cases sharing common questions of fact into a single proceeding in one federal district court for coordinated pre-trial proceedings and discovery. This paper takes an empirical look at all federal civil cases terminating between 2006 and 2008 to determine what effect multidistrict litigation has on case outcome …
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers,
2010
Georgetown University Law Center
Honest-Services Fraud: A (Vague) Threat To Millions Of Blissfully Unaware (And Non-Culpable) American Workers, Julie R. O'Sullivan
Georgetown Law Faculty Publications and Other Works
The author believes that statute 18 U.S.C. § 1346 is unconstitutionally vague, at least as applied to cases in which employees of private entities are prosecuted for depriving their employers of a right to their honest services (so-called “private cases”). Objections to vagueness rest on due process. “Vagueness may invalidate a criminal law for either of two independent reasons. First, it may fail to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits; second, it may authorize and even encourage arbitrary and discriminatory enforcement.” The Supreme Court’s vagueness precedents do not provide much …
Exporting U.S. Criminal Justice,
2010
Georgetown University Law Center
Exporting U.S. Criminal Justice, Allegra M. Mcleod
Georgetown Law Faculty Publications and Other Works
This article explores how and why, in the Cold War’s wake, the U.S. government began to export U.S.-style criminal law and procedure models to developing and politically transitioning states. U.S. criminal law and development consultants now work in countries across the globe. This article reveals how U.S. initiatives have shaped state and non-state actors’ responses to a range of global challenges, even as this approach suffers from a deep democratic deficit. Further, this article argues that U.S. programs perpetuate U.S.-style legal institutional idolatry (which is often tied to systemic dysfunction both in the United States and abroad), and in so …
The Non-Management Side Of Academic Administration,
2010
University of Pennsylvania Carey Law School
The Non-Management Side Of Academic Administration, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
A Dean's Perspective On Ed Baker,
2010
University of Pennsylvania Carey Law School
A Dean's Perspective On Ed Baker, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System,
2010
University of Pennsylvania Carey Law School
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
International Idealism Meets Domestic-Criminal-Procedure Realism,
2010
University of Pennsylvania Carey Law School
International Idealism Meets Domestic-Criminal-Procedure Realism, Stephanos Bibas, William W. Burke-White
All Faculty Scholarship
Though international criminal justice has developed into a flourishing judicial system over the last two decades, scholars have neglected institutional design and procedure questions. International criminal-procedure scholarship has developed in isolation from its domestic counterpart but could learn much realism from it. Given its current focus on atrocities like genocide, international criminal law’s main purpose should be not only to inflict retribution, but also to restore wounded communities by bringing the truth to light. The international justice system needs more ideological balance, more stable career paths, and civil-service expertise. It also needs to draw on the domestic experience of federalism …
The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime,
2010
University of Pennsylvania Carey Law School
The Ongoing Revolution In Punishment Theory: Doing Justice As Controlling Crime, Paul H. Robinson
All Faculty Scholarship
This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.
Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space,
2010
University of Pennsylvania Carey Law School
Constitutional Constructions And Constitutional Decision Rules: Thoughts On The Carving Of Implementation Space, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Identifying A Computer Forensics Expert: A Study To Measure The Characteristics Of Forensic Computer Examiners,
2010
California State Polytechnic University
Identifying A Computer Forensics Expert: A Study To Measure The Characteristics Of Forensic Computer Examiners, Gregory H. Carlton, Reginald Worthley
Journal of Digital Forensics, Security and Law
The usage of digital evidence from electronic devices has been rapidly expanding within litigation, and along with this increased usage, the reliance upon forensic computer examiners to acquire, analyze, and report upon this evidence is also rapidly growing. This growing demand for forensic computer examiners raises questions concerning the selection of individuals qualified to perform this work. While courts have mechanisms for qualifying witnesses that provide testimony based on scientific data, such as digital data, the qualifying criteria covers a wide variety of characteristics including, education, experience, training, professional certifications, or other special skills. In this study, we compare task …
Adaptation Of Pyflag To Efficient Analysis Of Seized Computer Data Storage,
2010
AGH University of Science and Technology
Adaptation Of Pyflag To Efficient Analysis Of Seized Computer Data Storage, Aleksander Byrski, Wojciech Stryjewski, Bartłomiej Czechowicz
Journal of Digital Forensics, Security and Law
Based on existing software aimed at investigation support in the analysis of computer data storage seized during investigation (PyFlag), an extension is proposed involving the introduction of dedicated components for data identification and filtering. Hash codes for popular software contained in NIST/NSRL database are considered in order to avoid unwanted files while searching and to classify them into several categories. The extension allows for further analysis, e.g. using artificial intelligence methods. The considerations are illustrated by the overview of the system's design.
Table Of Contents,
2010
Embry-Riddle Aeronautical University
Table Of Contents
Journal of Digital Forensics, Security and Law
No abstract provided.
Computer Forensic Functions Testing: Media Preparation, Write Protection And Verification,
2010
University of South Australia
Computer Forensic Functions Testing: Media Preparation, Write Protection And Verification, Yinghua Guo, Jill Slay
Journal of Digital Forensics, Security and Law
The growth in the computer forensic field has created a demand for new software (or increased functionality to existing software) and a means to verify that this software is truly forensic i.e. capable of meeting the requirements of the trier of fact. In this work, we review our previous work---a function oriented testing framework for validation and verification of computer forensic tools. This framework consists of three parts: function mapping, requirements specification and reference set development. Through function mapping, we give a scientific and systemized description of the fundamentals of computer forensic discipline, i.e. what functions are needed in the …
Higate (High Grade Anti-Tamper Equipment) Prototype And Application To E-Discovery,
2010
Tokyo Denki University
Higate (High Grade Anti-Tamper Equipment) Prototype And Application To E-Discovery, Yui Sakurai, Yuki Ashino, Tetsutaro Uehara, Hiroshi Yoshiura, Ryoichi Sasaki
Journal of 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 …
Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity,
2010
Edith Cowan University
Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli
Journal of 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 …
Digital Records Forensics: A New Science And Academic Program For Forensic Readiness,
2010
The University of British Columbia
Digital Records Forensics: A New Science And Academic Program For Forensic Readiness, Luciana Duranti, Barbara Endicott-Popovsky
Journal of 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 …
