Law Commons^™

Pricing Clinical Legal Education, Robert R. Kuehn

Scholarship@WashULaw

Some blame the cost of clinical legal education for high law school tuition. They argue that, regardless of the educational and employment benefits to students, clinical legal education, and law clinics in particular, are too expensive to expand or require for all students in a time of decreasing law school enrollments and revenues. This Article is an empirical examination of these claims. Reviewing tuition, curricular and enrollment data from all law schools, this Article demonstrates that 84% of law schools already have the capacity to provide a clinical experience to every student without adding courses or faculty, although only 18% …

Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process, Christina L. Boyd, Ryan C. Black, Amanda C. Bryan

Scholarship@WashULaw

Do law clerks influence U.S. Supreme Court Justices’ decisions in the Court’s agenda-setting stage? For those Justices responding to their own law clerks’ cert recommendations, we expect a high degree of agreement between Justice and clerk. For non-employing Justices, however, we anticipate that the likelihood of agreement between clerk and Justice will vary greatly based on the interplay among the ideological compatibility between a Justice and the clerk, the underlying certworthiness of the petition for review, and the clerk’s final recommendation. Relying on a newly collected dataset of petitions making the Court’s discuss list over the 1986 through 1993 Terms, …

Law Schools And The Legal Profession: A Way Forward, Peter A. Joy

Scholarship@WashULaw

Publicity about law schools for the past several years has been consistently bad. In news article after news article, the unifying theme has been that that there are too many lawyers, too many law schools, and that going to law school for a legal career is either a costly, risky proposition or simply a bad idea.' Of course, these laments about the legal education and the legal profession stem from the decline in the employment for lawyers in the United States since the financial crisis of 2008. While some see this simply as a mismatch in supply and demand - …

Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell

Center on Children, Families, and the Law: Faculty Publications

This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.

“Time For Some Traffic Problems”: Enhancing E-Discovery And Big Data Processing Tools With Linguistic Methods For Deception Detection, Erin S. Crabb

Journal of Digital Forensics, Security and Law

Linguistic deception theory provides methods to discover potentially deceptive texts to make them accessible to clerical review. This paper proposes the integration of these linguistic methods with traditional e-discovery techniques to identify deceptive texts within a given author’s larger body of written work, such as their sent email box. First, a set of linguistic features associated with deception are identified and a prototype classifier is constructed to analyze texts and describe the features’ distributions, while avoiding topic-specific features to improve recall of relevant documents. The tool is then applied to a portion of the Enron Email Dataset to illustrate how …

Fast Rtp Detection And Codecs Classification In Internet Traffic, Petr Matousek, Ondrej Rysavy, Martin Kmet

Journal of Digital Forensics, Security and Law

This paper presents a fast multi-stage method for on-line detection of RTP streams and codec identification of transmitted voice or video traffic. The method includes an RTP detector that filters packets based on specific values from UDP and RTP headers. When an RTP stream is successfully detected, codec identification is applied using codec feature sets. The paper shows advantages and limitations of the method and its comparison with other approaches. The method was implemented as a part of network forensics framework NetFox developed in project SEC6NET. Results show that the method can be successfully used for Lawful Interception as well …

Relating Admissibility Standards For Digital Evidence To Attack Scenario Reconstruction, Changwei Liu, Anoop Singhal, Duminda Wijesekera

Journal of Digital Forensics, Security and Law

Attackers tend to use complex techniques such as combining multi-step, multi-stage attack with anti-forensic tools to make it difficult to find incriminating evidence and reconstruct attack scenarios that can stand up to the expected level of evidence admissibility in a court of law. As a solution, we propose to integrate the legal aspects of evidence correlation into a Prolog based reasoner to address the admissibility requirements by creating most probable attack scenarios that satisfy admissibility standards for substantiating evidence. Using a prototype implementation, we show how evidence extracted by using forensic tools can be integrated with legal reasoning to reconstruct …

A Study Of Forensic Imaging In The Absence Of Write-Blockers, Gary C. Kessler, Gregory H. Carlton

Journal of Digital Forensics, Security and Law

Best practices in digital forensics demand the use of write-blockers when creating forensic images of digital media, and this has been a core tenet of computer forensics training for decades. The practice is so ingrained that the integrity of images created without a write-blocker are immediately suspect. This paper describes a research framework that compares forensic images acquired with and without utilizing write-blockers in order to understand the extent of the differences, if any, in the resultant forensic copies. We specifically address whether differences are superficial or evidentiary, and we discuss the impact of admitting evidence acquired without write blocking. …

Informal–Formal Sector Interactions In Automotive Engineering, Kampala, Dick Kawooya

Faculty Publications

This chapter provides findings from a Ugandan case study that examined innovation transfers between informal-sector automotive artisans and formally employed researchers at Makerere University’s College of Engineering, Design, Art and Technology (CEDAT). Th e primary site studied was CEDAT’s Gatsby Garage, an automotive workshop where it was found that the informal-sector artisans were central to innovative processes but were at the same time driven more by sharing impulses than by concern for the intellectual property (IP) implications of their work. Based on these findings, it is argued that Ugandan policy-makers need to seek policy tools to support innovation transfers between …

The Undue Hardship Thicket: On Access To Justice, Procedural Noncompliance, And Pollutive Litigation In Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

This Article offers new insights into understanding the complexities and costs of the litigation burden that Congress has imposed on debtors who seek a fresh start in bankruptcy. In order to explore the problems inherent in a system that necessitates litigation as the path for obtaining certain types of bankruptcy relief, this Article focuses on the particular example of debtors who seek to discharge their student loans in bankruptcy. Such debt may be discharged only if the debtor can establish through a full-blown lawsuit that repaying the loans would impose an undue hardship. The procedure and burdens of proof governing …

The Self-Regulation Of Investment Bankers, Andrew F. Tuch

Scholarship@WashULaw

As broker-dealers, investment bankers must register with the Financial Industry Regulatory Authority (“FINRA”) and comply with its rules, including the requirement to “observe high standards of commercial honor and just and equitable principles of trade.” As the self-regulatory body for broker-dealers, FINRA functions as the equivalent of the self-regulatory bodies governing other professionals, such as lawyers and accountants. Unlike the self-regulation of these professionals, however, the self-regulation of investment bankers has thus far attracted scant scholarly attention.

This Article evaluates the effectiveness of this self-regulatory system in deterring investment bankers’ misconduct. Based on a hand-collected data set of every disciplinary …

New Trends In Latin American Constitutionalism: An Overview, Santiago Legarre

Notre Dame Journal of International & Comparative Law

In this introduction to the issue on New Trends in Latin American Constitutionalism, Santiago Legarre offers his remarks at the opening of the conference on New Trends in Latin American Constitutionalism held at Notre Dame Law School in 2013. After briefly recounting the origins of the conference, Legarre summarizes some of the key modern challenges in Latin America and the role of constitutionalism in addressing these challenges. Legarre pays particular attention to the rapid growth of income inequality in the region. He ultimately concludes that some of the major challenges to the region are rooted in a lack of consensus …

Hot Zone Identification: Analyzing Effects Of Data Sampling On Spam Clustering, Rasib Khan, Mainul Mizan, Ragib Hasan, Alan Sprague

Journal of Digital Forensics, Security and Law

Email is the most common and comparatively the most efficient means of exchanging information in today's world. However, given the widespread use of emails in all sectors, they have been the target of spammers since the beginning. Filtering spam emails has now led to critical actions such as forensic activities based on mining spam email. The data mine for spam emails at the University of Alabama at Birmingham is considered to be one of the most prominent resources for mining and identifying spam sources. It is a widely researched repository used by researchers from different global organizations. The usual process …

Using Internet Artifacts To Profile A Child Pornography Suspect, Marcus K. Rogers, Kathryn C. Seigfried-Spellar

Journal of Digital Forensics, Security and Law

Digital evidence plays a crucial role in child pornography investigations. However, in the following case study, the authors argue that the behavioral analysis or “profiling” of digital evidence can also play a vital role in child pornography investigations. The following case study assessed the Internet Browsing History (Internet Explorer Bookmarks, Mozilla Bookmarks, and Mozilla History) from a suspected child pornography user’s computer. The suspect in this case claimed to be conducting an ad hoc law enforcement investigation. After the URLs were classified (Neutral; Adult Porn; Child Porn; Adult Dating sites; Pictures from Social Networking Profiles; Chat Sessions; Bestiality; Data Cleaning; …

Personal Denial Of Service (Pdos) Attacks: A Discussion And Exploration Of A New Category Of Cyber Crime, Michael R. Bartolacci, Larry J. Leblanc, Ashley Podhradsky

Journal of Digital Forensics, Security and Law

The growth of the Internet has created a corresponding growth in Internet-based crimes and online misbehavior, particularly among younger computer-savvy people. Younger generations have grown up in a world where internet access, social networking, e-commerce and smartphones are commonplace. Given this fact, they have learned how to use, and how to abuse, technology. This leads us to define a new category of cybercrime called a Personal Denial of Service attack (PDOS). A PDOS is a cyber-crime in which an individual deliberately prevents the access of another individual or small group to online services such as email or banking. Due to …

On Cyber Attacks And Signature Based Intrusion Detection For Modbus Based Industrial Control Systems, Wei Gao, Thomas H. Morris

Journal of Digital Forensics, Security and Law

Industrial control system communication networks are vulnerable to reconnaissance, response injection, command injection, and denial of service attacks. Such attacks can lead to an inability to monitor and control industrial control systems and can ultimately lead to system failure. This can result in financial loss for control system operators and economic and safety issues for the citizens who use these services. This paper describes a set of 28 cyber attacks against industrial control systems which use the MODBUS application layer network protocol. The paper also describes a set of standalone and state based intrusion detection system rules which can be …

Idiographic Digital Profiling: Behavioral Analysis Based On Digital Forensics, Chad M. Steel

Journal of Digital Forensics, Security and Law

Idiographic digital profiling (IDP) is the application of behavioral analysis to the field of digital forensics. Previous work in this field takes a nomothetic approach to behavioral analysis by attempting to understand the aggregate behaviors of cybercriminals. This work is the first to take an idiographic approach by examining a particular subject's digital footprints for immediate use in an ongoing investigation. IDP provides a framework for investigators to analyze digital behavioral evidence for the purposes of case planning, subject identification, lead generation, obtaining and executing warrants, and prosecuting offenders.

Book Review: The Basics Of Digital Forensics: The Primer For Getting Started In Digital Forensics, Stephen Larson

Journal of Digital Forensics, Security and Law

The Basics of Digital Forensics: The Primer for Getting Started in Digital Forensics is well-named–it really is very basic. And it should be, as the book’s intended audience includes entry-level digital forensics professionals and complimentary fields such as law enforcement, legal, and general information security. Though the copyright is 2012, some of the data is from 2009, and there is mention of estimates for 2010.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

File Detection On Network Traffic Using Approximate Matching, Frank Breitinger, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

In recent years, Internet technologies changed enormously and allow faster Internet connections, higher data rates and mobile usage. Hence, it is possible to send huge amounts of data / files easily which is often used by insiders or attackers to steal intellectual property. As a consequence, data leakage prevention systems (DLPS) have been developed which analyze network traffic and alert in case of a data leak. Although the overall concepts of the detection techniques are known, the systems are mostly closed and commercial. Within this paper we present a new technique for network traffic analysis based on approximate matching (a.k.a …

On Identities In Modern Networks, Libor Polcak, Radek Hranick, Tomas Martınek

Journal of Digital Forensics, Security and Law

Communicating parties inside computer networks use different kind of identifiers. Some of these identifiers are stable, e.g., logins used to access a specific service, some are only temporary, e.g., dynamically assigned IP addresses. This paper tackles several challenges of lawful interception that emerged in modern networks. The main contribution is the graph model that links identities learnt from various sources distributed in a network. The inferred identities result into an interception of more detailed data in conformance with the issued court order. The approach deals with network address translation, short-lived identifiers and simultaneous usage of different identities. The approach was …

Accurate Modeling Of The Siemens S7 Scada Protocol For Intrusion Detection And Digital Forensics, Amit Kleinmann, Avishai Wool

Journal of Digital Forensics, Security and Law

The Siemens S7 protocol is commonly used in SCADA systems for communications between a Human Machine Interface (HMI) and the Programmable Logic Controllers (PLCs). This paper presents a model-based Intrusion Detection Systems (IDS) designed for S7 networks. The approach is based on the key observation that S7 traffic to and from a specific PLC is highly periodic; as a result, each HMI-PLC channel can be modeled using its own unique Deterministic Finite Automaton (DFA). The resulting DFA-based IDS is very sensitive and is able to flag anomalies such as a message appearing out of its position in the normal sequence …

Understanding Computer Forensics Requirements In China Via The “Panda Burning Incense” Virus Case, Frank Law, K. P. Chow, Y. H. Mai

Journal of Digital Forensics, Security and Law

In March 2012, Mainland China has amended its Criminal Procedure Law, which includes the introduction of a new type of evidence, i.e., digital evidence, to the court of law. To better understand the development of computer forensics and digital evidence in Mainland China, this paper discusses the Chinese legal system in relation to digital investigation and how the current legal requirements affect the existing legal and technical usage of digital evidence at legal proceedings. Through studying the famous “Panda Burning Incense (Worm.WhBoy.cw)” virus case that happened in 2007, this paper aims to provide a better understanding of how to properly …

Forensics Of Software Copyright Infringement Crimes: The Modern Posar Test Juxtaposed With The Dated Afc Test, Vinod P. Bhattathiripad

Journal of Digital Forensics, Security and Law

This paper presents a new development in the forensics of software copyright through a juxtaposed comparison between the proven AFC test and the recent POSAR test, the two forensic procedures for establishing software copyright infringement cases. First, the paper separately overviews the 3-stage, linear sequential AFC test and then the 5-phase, cyclic POSAR test (as AFC’s logical extension). The paper then compares the processes involved in each of the 5 phases of the POSAR test with the processes involved in the 3 stages in the AFC test, for the benefit of forensic practitioners and researchers. Finally, the paper discusses some …

Leveraging Decentralization To Extend The Digital Evidence Acquisition Window: Case Study On Bittorrent Sync, Mark Scanlon, Jason Farina, Nhien A. Khac, Tahar Kechadi

Journal of Digital Forensics, Security and Law

File synchronization services such as Dropbox, Google Drive, Microsoft OneDrive, Apple iCloud, etc., are becoming increasingly popular in today’s always-connected world. A popular alternative to the aforementioned services is BitTorrent Sync. This is a decentralized/cloudless file synchronization service and is gaining significant popularity among Internet users with privacy concerns over where their data is stored and who has the ability to access it. The focus of this paper is the remote recovery of digital evidence pertaining to files identified as being accessed or stored on a suspect’s computer or mobile device. A methodology for the identification, investigation, recovery and verification …

An Efficient Similarity Digests Database Lookup – A Logarithmic Divide & Conquer Approach, Frank Breitinger, Christian Rathgeb, Harald Baier

Journal of Digital Forensics, Security and Law

Investigating seized devices within digital forensics represents a challenging task due to the increasing amount of data. Common procedures utilize automated file identification, which reduces the amount of data an investigator has to examine manually. In the past years the research field of approximate matching arises to detect similar data. However, if n denotes the number of similarity digests in a database, then the lookup for a single similarity digest is of complexity of O(n). This paper presents a concept to extend existing approximate matching algorithms, which reduces the lookup complexity from O(n) to O(log(n)). Our proposed approach is based …

Audit: Automated Disk Investigation Toolkit, Umit Karabiyik, Sudhir Aggarwal

Journal of Digital Forensics, Security and Law

Software tools designed for disk analysis play a critical role today in forensics investigations. However, these digital forensics tools are often difficult to use, usually task specific, and generally require professionally trained users with IT backgrounds. The relevant tools are also often open source requiring additional technical knowledge and proper configuration. This makes it difficult for investigators without some computer science background to easily conduct the needed disk analysis. In this paper, we present AUDIT, a novel automated disk investigation toolkit that supports investigations conducted by non-expert (in IT and disk technology) and expert investigators. Our proof of concept design …

Evidentiary Power And Propriety Of Digital Identifiers And The Impact On Privacy Rights In The United States, Michael Losavio, Deborah Keeling

Journal of Digital Forensics, Security and Law

Media and network systems capture and store data about electronic activity in new, sometimes unprecedented ways; computational systems make for new means of analysis and knowledge development. These new forms offer new, powerful tactical tools for investigations of electronic malfeasance under traditional legal regulation of state power, particular that of Fourth Amendment limitations on police searches and seizures under the U.S. Constitution. But autonomy, identity and authenticity concerns with electronic data raise issues of public policy, privacy and proper police oversight of civil society. We examine those issues and their implications for digital and computational forensics

Multi-Stakeholder Case Prioritization In Digital Investigations, Joshua I. James

Journal of Digital Forensics, Security and Law

This work examines the problem of case prioritization in digital investigations for better utilization of limited criminal investigation resources. Current methods of case prioritization, as well as observed prioritization methods used in digital forensic investigation laboratories are examined. After, a multi-stakeholder approach to case prioritization is given that may help reduce reputational risk to digital forensic laboratories while improving resource allocation. A survey is given that shows differing opinions of investigation priority between Law Enforcement and the public that is used in the development of a prioritization model. Finally, an example case is given to demonstrate the practicality of the …

Testing Framework For Mobile Device Forensics Tools, Maxwell Anobah, Shahzad Saleem, Oliver Popov

Journal of Digital Forensics, Security and Law

The proliferation of mobile communication and computing devices, in particular smart mobile phones, is almost paralleled with the increasing number of mobile device forensics tools in the market. Each mobile forensics tool vendor, on one hand claims to have a tool that is best in terms of performance, while on the other hand each tool vendor seems to be using different standards for testing their tools and thereby defining what support means differently. To overcome this problem, a testing framework based on a series of tests ranging from basic forensics tasks such as file system reconstruction up to more complex …