Digital Commons Network^™

Possession Of "Extreme" Pornography: Where's The Harm?, Jonathan Clough

Canadian Journal of Law and Technology

For decades, the traditional Western liberal approach to obscene material has been that while the availability of such material may be restricted, individuals are free to possess it so long as they do not distribute to others. Prior to the advent of the Internet, traditional means of control were effective in limiting the availability of such material. However, free of traditional restrictions the Internet allows easy access to a vast array of pornographic material, some of which challenges the most liberal of societies including images of child abuse, sexual violence, bestiality, and necrophilia.

In 2008, the UK became one of …

Leaving Dumb Phones Behind: A Commentary On The Warrantless Searches Of Smartphone Data Granted In R. V. Fearon, Jordan Fine

Canadian Journal of Law and Technology

Given the incredible rate of smartphone technological evolution, is it about time the Supreme Court of Canada devised a special test to give law enforcement agents significantly more power to search through phone data without a warrant upon arrest of a suspect? In R. v. Fearon, the majority did just that. But this article argues the opposite is true: the increasing potential for immense privacy infringements when police search powerful and constantly evolving technological devices demands a greater limitation to police powers.

In recent cases, the Supreme Court has agreed with the position that limitations are needed concerning computers. Additionally, …

Freedom Of Expression, Discrimination, And The Internet: Legislative Responses And Judicial Reactions, Talia Joundi

Canadian Journal of Law and Technology

In Part I of this article, I argue that cyber racism is inextricably linked with systemic discrimination. The definition of systemic discrimination relied on was first provided by Judge Abella in the Report of the Royal Commission on Equality in Employment (Abella Report), which states that systemic discrimination points to practices or attitudes that can result in inequality of opportunity for individuals or groups. The Supreme Court of Canada has since adopted this definition, and in some instances, has acknowledged that systemic problems require systemic remedies. The purpose of this discussion is to demonstrate how situating cyber racism within the …

International Law Enforcement Access To User Data: A Survival Guide And Call For Action, Kate Westmoreland, Gail Kent

Canadian Journal of Law and Technology

Effectively accessing and using online evidence is a critical part of modern investigations and prosecutions, but also has significant implications for users’ privacy. The current system of international sharing of online data in criminal matters is a patchwork of domestic and international law that is slow, uncertain, and not well understood. This article provides an overview of the current system for foreign governments seeking user data from US-based Internet companies. After describing the way in which the system currently operates, it identifies problems with the system, and outlines the reform efforts that are beginning to emerge.

The Unspoken Truth: A Practical Guide For Pastors, Helping Abusers Break The Cycle Of Sexual Abuse, Teresa Johnson

Doctoral Dissertations and Projects

For years, men, women and children have suffered silently as a result of sexual abuse. The abuser suffers and the cycle continues. Destroying the silence of sexual abuse is the beginning of breaking the cycle. Research has shown that the abuse goes far beyond the actual act and causes physical, emotional, and psychological damage. This project will investigate and encourage open discussion, address the abuse, and give valuable insight to the causes and consequences of sexual abuse. This project will offer prescriptive and preventative measures to all parties involved, in an effort to heal and stop sexual abuse. Through research …

The Coverage Of Children’S Issues In Egyptian Newspapers, Eman Mohamed Serag

Theses and Dissertations

This research is about analyzing a sample of the Egyptian newspaper’s coverage on issues related to children in order to determine the dominant subjects, images, and sources used to cover news/articles about or related to children. The purpose of the content analysis research is to give advocates a thorough grounding in the way children’s issues are being portrayed in the news. It is important to understand the current representation of the issues related to children in the Egyptian newspapers, to enhance childhood coverage in the future. Frames used in presenting news/articles and images used in portraying children, were discussed by …

The Threat Of State Sponsored Cyber Attacks In Canada: To Serve And Protect, Andrew Macdougall

Theses and Dissertations

This Masters of Global Affairs project has been constructed for the use as a piece contributing to policy recommendations for the Canadian Federal government on their response to handling state-sponsored cyber attacks on critical national infrastructure (CNI) in Canada. Throughout this project an exploration is undertaken to understand the means of attacks that Canada has faced since the millennium, as well as to see what defense and security measures were of use, and what security measures were under-utilized. By exploring these attacks to Canada’s CNI, clarification on improvements for the federal government on its future state of cyber defense become …

Overcriminalizing Speech, Michal Buchhandler-Raphael

Cardozo Law Review

Recent years have seen a significant expansion in the criminal justice system's use of various preemptive measures, aimed to prevent harm before it occurs. This development consists of adopting a myriad of prophylactic statutes, including endangerment crimes, which target behaviors that merely pose a risk of future harm but are not in themselves harmful at the time they are committed.

This Article demonstrates that a significant portion of these endangerment crimes criminalize various forms of speech and expression. Examples include conspiracies, attempts, verbal harassment, instructional speech on how to commit crimes, and possession crimes. The Article argues that in contrast …

Adequacy Of Notice Under Cafra: Resolving Constitutional Due Process Challenges To Administrative Forfeitures, Rebecca Hausner

Cardozo Law Review

No abstract provided.

Class Notes, Georgia Southern University

CLASS Notes

No abstract provided.

Admissions Report - Detailed Data - May 2015, Office Of Institutional Research & Effectiveness, Wright State University

Admissions Reports

Detailed report of applicants to Wright State including data on county of residency, intended major, and ethnicity for Fall Semester 2015.

Class Notes, Georgia Southern University

Arts & Humanities: News & Publications (2009-2023)

No abstract provided.

Evaluation Of The Community Safety Initiative: Assignment Of Rapid Co-Ordinators, Matt Bowden

Reports

No abstract provided.

Gardner-Webb University’S Online Offerings Earn Top Ranking In North Carolina, Office Of University Communications

Gardner-Webb NewsCenter Archive

Gardner-Webb University is being recognized for exceptional web-based learning opportunities and was recently honored as a 2015 Top Online College in North Carolina by Affordable Colleges Online (ACO), based in Reno, Nev. Gardner-Webb ranked 15th out of 62 institutions of higher education in the state that offer online options, and the University was selected for the quality and value of its online programs. With a score of 90.85 percent, GWU ranked ahead of several larger institutions, including North Carolina State University (Raleigh, N.C.), North Carolina A&T University (Greensboro, N.C.), and Johnson & Wales University (Charlotte, N.C.). Less than eight points …

What's It Worth To Keep A Secret?, Gavin C. Reid, Nicola Searle, Saurabh Vishnubhakat

Faculty Scholarship

This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on characterizing the scope of trade secrets, creating incentives for their productive use, and imposing penalties for their theft. Yet amid this complex ecosystem of legal doctrine, economic policy, commercial strategy, and enforcement, there is little research or consensus on how to assign value to trade secrets. One reason for this gap is …

What's It Worth To Keep A Secret?, Gavin C. Reid, Nicola Searle, Saurabh Vishnubhakat

Duke Law & Technology Review

This article is the first major study of protection and valuation of trade secrets under federal criminal law. Trade secrecy is more important than ever as an economic complement and substitute for other intellectual property protections, particularly patents. Accordingly, U.S. public policy correctly places a growing emphasis on characterizing the scope of trade secrets, creating incentives for their productive use, and imposing penalties for their theft. Yet amid this complex ecosystem of legal doctrine, economic policy, commercial strategy, and enforcement, there is little research or consensus on how to assign value to trade secrets. One reason for this gap is …

Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch

International Law Studies

The article examines the exact conditions for classifying an armed conflict under international humanitarian law against the backdrop of the crisis in Ukraine, taking into account the difficult factual situation on the ground and the involvement of the different parties to the conflict. Apart from dealing with the requirements of an international or a non-international armed conflict, it looks again into the specific circumstances for the “internationalization” of an internal armed conflict. In doing so, the author revisits the various approaches found in the jurisprudence of the International Court of Justice in its 1986 Nicaragua and 2007 Genocide judgments, as …

Predictors Of Money Spent On Drugs In Substance Users, Simona Ciobotaru

DePaul Discoveries

Financial need is a major stressor for individuals who are reentering the community after substance abuse and/or incarceration. Family members and friends make up a great majority the support networks from which reentering people can receive financial support. However, that financial support could possibly contribute to drug use when the individual is actively using. The goal of this study was to further understand the implications of material and financial support specifically being transmitted from family members. This study looks at psychosocial predictors in relation to money spent on drugs in the last 30 days of 270 individuals entering substance abuse …

Regulating Hostilities In Non-International Armed Conflicts: Thoughts On Bridging The Divide Between The Tadić Aspiration And Conflict Realities, Geoffrey S. Corn

International Law Studies

International Humanitarian Law (IHL) evolved to strike a rational balance between the necessity of using combat power to defeat enemy opponents, and the humanitarian interest of mitigating the human suffering resulting from armed conflict. Ironically, however, the “type” of conflict most comprehensively regulated by this law—international or inter-State (IACs)—is not the “type” of armed conflict that has been most notable for producing humanitarian suffering since the end of World War II. Instead, non-international armed conflicts (NIACs)—conflicts between States and organized non-State belligerent groups, or even between multiple non-State belligerent groups—have been notorious for their brutality, indifference towards humanitarian restraint, and …

The History Of Punishment: What Works For State Crime?, Jennifer Marson

The Hilltop Review

The punishment of criminal acts is usually justified utilizing retribution, deterrence, rehabilitation and incapacitation (societal protection). These justifications are often utilized for traditional street crimes such as burglary, assault, and theft. However, state crimes require that punishment be looked at through a different lens, and it is advocated the restorative justice apparatuses potentially offer the best solutions at administering punishment for those who commit state crime.

Report On The Sacred Heart University Participation In The Ace Internationalization Laboratory By The American Council On Education Peer Review Visit Team February 25-27, 2015, American Council On Education Peer Review Visit Team

Global Engagement Publications

This report is based on a visit to Sacred Heart University (SHU) by an American Council on Education (ACE) peer review team on February 25-27, 2015. This report also draws upon the document Internationalization Self-Study (December 2014) provided to the peer review team in advance.

We Are...Marshall, May 27, 2015, Office Of Marshall University Communications

We Are ... Marshall: the Newsletter for Marshall University 1999-2023

No abstract provided.

Intentional Depth Of Knowledge And Its Effects On K-12 Student Engagement, John M. Sizemore

Graduate Theses, Dissertations, and Capstones

This research study attempted to identify the impact that cognitive complexity has on student engagement. The primary research questions asked were: What are the effects of depth of knowledge and learning mode on student engagement? Are there interaction effects among depth of knowledge and learning mode and what impact does the interaction have on student engagement? And, are there any variances in interaction effect by educational level (elementary, middle or high school) for depth of knowledge and learning mode on student engagement? This study attempted to determine if cognitive complexity of learning using depth of knowledge (DOK), and learning mode …

Factors That Affect Treatment Compliance Among Individuals With Mental Illness, Marsha Brown

Dissertations, Theses, and Capstone Projects

Approximately 6% of the American population suffers from a severe mental illness such as Schizophrenia, Bipolar Disorder, Major Depressive Disorder, Post-Traumatic Stress Disorder, and Obsessive-Compulsive Disorder. Treatment compliance in individuals with severe mental illness is imperative as without treatment these individuals may experience homelessness, unemployment, and a decreased life expectancy of up to 34 years. Consequently, researchers have increasingly examined factors that may affect overall compliance among these individuals, such as insight, social support, symptom severity, and substance abuse. However, many of these studies focus on compliance with prescribed medications and few examine compliance with recommended psychological treatment. The current …

Apple Picking: The Rise Of Electronic Device Thefts In Boston Subways, Kendra Gentry

Dissertations, Theses, and Capstone Projects

As mobile technology advances and the demand for WiFi and phone coverage increases, electronic device theft is becoming an international problem in metropolitan public transportation systems. Using transit police reports, this dissertation applies crime opportunity theories to understand which factors increased electronic device theft in Boston subway stations from 2003-2011.

This approach addresses previous studies regarding crime on public transportation, robbery and larceny on subways and electronic device theft - as none have focused on this problem as the theft of a "hot product" within a "hot environment." Negative binomial regression, crime script analysis, sign tests and temporal pattern identification …

Sensitizing Jurors To Factors Influencing The Accuracy Of Eyewitness Identification: Assessing The Effectiveness Of The Henderson Instructions, Angela M. Jones

Dissertations, Theses, and Capstone Projects

Recently, the New Jersey Supreme Court determined that jurors may not be able to effectively evaluate eyewitness evidence (New Jersey v. Henderson, 2011). Research generally supports this contention, finding that jurors do not take into account factors surrounding the commission of the crime and identification when determining the reliability of an identification (Devenport et al., 1997). Courts have implemented various safeguards to assist jurors in evaluating eyewitness evidence, including judicial instructions and expert testimony. The New Jersey Supreme Court proposed the use of judicial instructions and suggested their use would reduce the need for expert testimony. The current …

Psychosocial Sequelae Of Homicide Among Murder Victims' Family Members: An Appraisal Of Depression, Grief, And Posttraumatic Stress, Sarah Kopelovich

Dissertations, Theses, and Capstone Projects

The current investigation explored what is known regarding the psychological sequelae of the post-homicide experience for murder victims' family members and friends (MVFM). Participants were also asked about whether they felt they had attained closure, a term which populates anecdotal and theoretical accounts of MVFM's experience. Previous literature guided a theoretical definition of closure as a dimensional construct that represents adaptive functioning following a murder, and includes (1) absence of disabling symptomatology, (2) absence of ruminations about the event or murder victim, and (3) subjective return to baseline functioning. This quasi-experiment consisted of a between-subjects cross-sectional design. The dependent variable …

Effectiveness Of Psychological Techniques In Increasing Deviant Sexual Fantasy Self-Disclosures, Christian Maile

Dissertations, Theses, and Capstone Projects

The assessment of deviant sexual fantasy and interests is an important component in sex offender risk assessment and subsequent treatment planning. However, clinicians and researchers have long acknowledged that sex offenders often distort or underreport details related to their sex offenses, particularly details relating to offense-related deviant sexual fantasy and interests. Some of the common methods used to minimize underreporting of deviant sexual fantasy and interests include the use of phallometry (or plethysmography) and polygraphy; however, not all assessment/treatment facilities or private practitioners providing services to sex offenders have access to such resources. Thus, the development of more efficient, cost-effective …

Negotiating Limits: Boundary Management In The Bondage/Discipline/Sadomasochism (Bdsm) Community, Karen Marie Holt

Dissertations, Theses, and Capstone Projects

This study sought to gain insight into the attitudes, beliefs, and values that shape Bondage/Discipline/Sadomasochism (BDSM) activities and how participants negotiate and maintain boundaries in order to engage in mutually satisfying BDSM activities. Additionally, this study explored the degree and consequences of unintended or non-negotiated harms, including physical, emotional, and sexual coercion. A qualitative approach consisting of semi-structured interviews and ethnography was used in order to develop an in depth exploration of the lived experiences of participants. Grounded theory was employed to reveal common themes which all supported a symbolic interactionist / dramaturgical understanding of the protective and predatory processes …

What Condoms Can't Cover: Do Structural Factors Predispose Black, African American, And Latina/O Adults In Harlem And The South Bronx To Engaging In Hiv Sex Risk Behaviors?, Fabienne Snowden

Dissertations, Theses, and Capstone Projects

More than thirty years into the HIV/AIDS epidemic, Black, African American, and Latina/o communities continue to demonstrate the highest rates of HIV/AIDS in the US, accounting for 64% of all new infections and 58% of all AIDS diagnoses in 2009. Despite the longevity of this public health crisis, individually-based behavioral change approaches to HIV/AIDS prevention continue to be the most widely used and funded methods of combating HIV risk in Black, African American and Latina/o communities. These methods have been proven to lower the risk of HIV transmission, but HIV incidence in the US remains high at approximately 50, 000 …