Law Commons^™

Much Ado About Authentication, Richard Leiter

Marvin and Virginia Schmid Law Library: Faculty Publications

Much can be said about how libraries are adapting and new ways that we can continue to adapt to the rise in importance of digital resources and services. But there is a unique challenge that law libraries face that this article will attempt to address: the problem of authenticating digital legal materials. This necessity of authenticating legal materials has been articulated many times. However, there may actually be no need for authentication at all.

The question of authentication is a very important one to answer because law libraries have the responsibility of providing accurate versions of primary legal materials. It …

Public Perceptions Regarding The Police Bureau And Crime In Portland, Oregon, Brian Renauer, Kimberly Barsamian Kahn, Kris R. Henning, Greg Stewart

Criminal Justice Policy Research Institute Research Briefs

On September 12, 2012 the United States Department of Justice (DOJ) filed a complaint in the Federal District Court for Oregon asserting that the City of Portland has engaged in a pattern and practice of unnecessary or excessive force against persons experiencing a mental health crisis. This survey is the result of a settlement agreement between Portland’s City Council and the DOJ which specified the Portland Police Bureau (PPB) develop a means of assessing public perceptions.

This report examines public perceptions of PPB across four content areas that are highlighted in the DOJ settlement agreement. Data for the report were …

Globalization And Law: Law Beyond The State, Ralf Michaels

Faculty Scholarship

The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …

The Enemy Within: Sexual Assault And Rape In The Us Armed Forces, Dahlia D'Arge

Lewis Honors College Capstone Collection

This paper follows my personal journey in learning about this problem, its legal repercussions for individual soldiers, its history within the United States, the actions which are being taken to remedy it, and its cost to the US military as a whole. By taking a more personal approach and by using my personal experience as an intern as a US Army Judge Advocate Corps office, this paper intends to educate the wider college populace about this issue and its current handling by the US Army from the perspective of an insider.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Knowledge Of Juvenile Sex Offender Registration Laws As A Predictor Of Adolescent Sexual Behavior, Cynthia J. Najdowski, Margaret C. Stevenson, Tisha Ra Wiley

Psychology Faculty Scholarship

Because juveniles can now be registered as sex offenders, we conducted a pilot study to investigate awareness of these policies and sexual behavior histories in a convenience sample of 53 young adults (ages 18 to 23, 79% women). These preliminary data revealed that 42% percent of participants were unaware that youth under the age of 18 can be registered as sex offenders, and when informed that they can be, participants were unaware of the breadth of adolescent sexual behavior that warrants registration. Furthermore, those unaware of juvenile registration policies, compared to those who were aware, were marginally more likely to …

Concepts Of Law, Mathew D. Mccubbins, Mark Turner

Faculty Scholarship

No abstract provided.

Informal The New Normal, Dick Kawooya

Faculty Publications

No abstract provided.

Neorehabilitation And Indiana's Sentencing Reform Dilemma, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.

Sex Trafficking: The Influence Of Cultures, Socio-Economic Structures And Law & Order On Sex Trade In Asia, Saanya Dua

Political Science Theses and Capstones

Sex trafficking and prostitution are both matters of concern in today’s world. Trafficking of human beings is a global phenomenon and has been a topic of increased discussion and attention. It is believed that the sex trade industry is considered to be the fastest growing criminal industry in the world, currently it is second to drug trafficking in terms of profits through an illegal industry. Several initiatives have been made to prevent trafficking, through significant legislative and other actions provided to aid victims and those vulnerable in the world. However, the lack of systematic research is a big issue. Asia …

The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodrigues

All Faculty Scholarship

This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panel focuses on techniques for teaching risk allocation as part of transactional skills classes. The panelists describe their approaches to teaching risk allocation, from syllabus design to final evaluations. How can a professor help students to understand the basic concepts of risk, the role risk plays in business and legal decisions, and how they can help clients manage risk. The techniques for teaching risk allocation include hypotheticals, visual aids, and hands-on assignments. The panelists each take their students down a different path …

Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

This chapter turns to the response of the criminal justice system to neighborhood violence, in particular examining to what extent persistently high levels of incarceration can depress economic well-being and human capital in disadvantaged and racially segregated communities. A panel analysis of New York City neighborhoods between 1985 and 1996, a period in which the city's violent-crime rates both rose and fell sharply, provides evidence that high incarceration rates reduce income growth, educational attainment, and work experience in disadvantaged and racially segregated neighborhoods. To rectify this, targeted micro investment and housing development in such areas can break the connection between …

Measuring Inconsistency Methods For Evidentiary Value, Fred Cohen

Journal of Digital Forensics, Security and Law

Many inconsistency analysis methods may be used to detect altered records or statements. But for admission as evidence, the reliability of the method has to be determined and measured. For example, in China, for evidence to be admitted, it has to have 95% certainty of being correct,1 and that certainty must be shown to the court, while in the US, evidence is admitted if it is more probative than prejudicial (a >50% standard).2 In either case, it is necessary to provide a measurement of some sort in order to pass muster under challenges from the other side. And in most …

Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle

Journal of Digital Forensics, Security and Law

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example: network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

How Often Is Employee Anger An Insider Risk I? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw

Journal of Digital Forensics, Security and Law

This research introduced two new scales for the identification and measurement of negative sentiment and insider risk in communications in order to examine the unexplored relationship between these two constructs. The inter-rater reliability and criterion validity of the Scale of Negativity in Texts (SNIT) and the Scale of Insider Risk in Digital Communications (SIRDC) were established with a random sample of email from the Enron archive and criterion measures from established insiders, disgruntled employees, suicidal, depressed, angry, anxious, and other sampled groups. In addition, the sensitivity of the scales to changes over time as the risk of digital attack increased …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

How Often Is Employee Anger An Insider Risk Ii? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications–Comparison Between Human Raters And Psycholinguistic Software, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw

Journal of Digital Forensics, Security and Law

This research uses two recently introduced observer rating scales, (Shaw et al., 2013) for the identification and measurement of negative sentiment (the Scale for Negativity in Text or SNIT) and insider risk (Scale of Indicators of Risk in Digital Communication or SIRDC) in communications to test the performance of psycholinguistic software designed to detect indicators of these risk factors. The psycholinguistic software program, WarmTouch (WT), previously used for investigations, appeared to be an effective means for locating communications scored High or Medium in negative sentiment by the SNIT or High in insider risk by the SIRDC within a randomly selected …

A Simple Experiment With Microsoft Office 2010 And Windows 7 Utilizing Digital Forensic Methodology, Gregory H. Carlton

Journal of Digital Forensics, Security and Law

Digital forensic examiners are tasked with retrieving data from digital storage devices, and frequently these examiners are expected to explain the circumstances that led to the data being in its current state. Through written reports or verbal, expert testimony delivered in court, digital forensic examiners are expected to describe whether data have been altered, and if so, then to what extent have data been altered. Addressing these expectations results from opinions digital forensic examiners reach concerning their understanding of electronic storage and retrieval methods. The credibility of these opinions evolves from the scientific basis from which they are drawn using …

Book Review: Placing The Suspect Behind The Keyboard: Using Digital Forensics And Investigative Techniques To Identify Cybercrime Suspects, Thomas Nash

Journal of Digital Forensics, Security and Law

In this must read for any aspiring novice cybercrime investigator as well as the seasoned professional computer guru alike, Brett Shaver takes the reader into the ever changing and dynamic world of Cybercrime investigation. Shaver, an experienced criminal investigator, lays out the details and intricacies of a computer related crime investigation in a clear and concise manner in his new easy to read publication, Placing the Suspect behind the Keyboard. Using Digital Forensics and Investigative techniques to Identify Cybercrime Suspects. Shaver takes the reader from start to finish through each step of the investigative process in well organized …

Information Security Challenge Of Qr Codes, Nik Thompson, Kevin Lee

Journal of Digital Forensics, Security and Law

The discipline of information security must adapt to new technologies and methods of interaction with those technologies. New technologies present both challenges and opportunities for the security professional, especially for areas such as digital forensics. Challenges can be in the form of new devices such as smartphones or new methods of sharing information, such as social networks. One such rapidly emerging interaction technology is the use of Quick Response (QR) codes. These offer a physical mechanism for quick access to Web sites for advertising and social interaction. This paper argues that the common implementation of QR codes potentially presents security …

Automating Vendor Fraud Detection In Enterprise Systems, Kishore Singh, Peter Best, Joseph Mula

Journal of Digital Forensics, Security and Law

Fraud is a multi-billion dollar industry that continues to grow annually. Many organizations are poorly prepared to prevent and detect fraud. Fraud detection strategies are intended to quickly and efficiently identify fraudulent activities that circumvent preventative measures. In this paper, we adopt a DesignScience methodological framework to develop a model for detection of vendor fraud based on analysis of patterns or signatures identified in enterprise system audit trails. The concept is demonstrated by developing prototype software. Verification of the prototype is achieved by performing a series of experiments. Validation is achieved by independent reviews from auditing practitioners. Key findings of …

Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle

Journal of Digital Forensics, Security and Law

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example, network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

Risk Management Of Email And Internet Use In The Workplace, John Ruhnka, Windham E. Loopesko

Journal of Digital Forensics, Security and Law

The article surveys the changing risk environment for corporations from their employees’ electronic communications. It identifies the types of liabilities that corporations can incur from such employee communications. It discusses the objectives of corporate internet use policies and the types of provisions such policies should contain. It suggests an alternative risk-based approach to corporate acceptable use policies instead of a traditional “laundry list” of internet use prohibitions.

System-Generated Digital Forensic Evidence In Graphic Design Applications, Enos Mabuto, Hein Venter

Journal of Digital Forensics, Security and Law

Graphic design applications are often used for the editing and design of digital art. The same applications can be used for creating counterfeit documents such as identity documents (IDs), driver’s licences, passports, etc. However, the use of any graphic design application leaves behind traces of digital information that can be used during a digital forensic investigation. Current digital forensic tools examine a system to find digital evidence, but they do not examine a system specifically for the creating of counterfeit documents created through the use of graphic design applications. The paper in hand reviews the system-generated digital forensic evidence gathered …

Trends In Android Malware Detection, Kaveh Shaerpour, Ali Dehghantanha, Ramlan Mahmod

Journal of Digital Forensics, Security and Law

This paper analyzes different Android malware detection techniques from several research papers, some of these techniques are novel while others bring a new perspective to the research work done in the past. The techniques are of various kinds ranging from detection using host based frameworks and static analysis of executable to feature extraction and behavioral patterns. Each paper is reviewed extensively and the core features of each technique are highlighted and contrasted with the others. The challenges faced during the development of such techniques are also discussed along with the future prospects for Android malware detection. The findings of the …

The Value Of An Interdisciplinary Education For Prospective Law Students, Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Undergraduate pre-law education must prepare prospective law students for the challenges of law school and the law school admissions process. Although law school does not require a prerequisite course of study, it is my contention that the optimal undergraduate preparation consists of interdisciplinary liberal arts education. Such a pedagogical approach allows for students to understand law in the context of society and its practice beyond the theoretical fundamentals taught in most law schools. Many law school faculty favor interdisciplinary education in law school and law admissions officials stress liberal arts education for undergraduates. Accordingly, the optimal pre-law undergraduate education should …

Plea Bargaining, Sentence Modifications, And The Real World, Julian A. Cook

Scholarly Works

This article examines the 2011 Supreme Court decision in United States v. Freeman. At issue was whether defendants, such as Freeman, who enter a guilty plea pursuant to a binding plea agreement, are entitled to seek a modification of their sentence when the guideline range applicable to their offense has subsequently been lowered by the United States Sentencing Commission. By a five-to-four vote, the Court found that Freeman was eligible to seek a sentence reduction. However, as the article explains, the concurring and controlling opinion of Justice Sotomayor may ultimately prove to be problematic for criminal defendants generally and for …

Examining The Role Of Race, Gender, And Class In African-American Police Perceptions In Rural Kentucky, Paul Maxwell Blackhurst

Online Theses and Dissertations

Prior research has consistently demonstrated the role of race in understanding racial and ethnic differences in perceptions of the police. This research has overwhelmingly shown that Blacks and Latinos hold lower levels of trust and confidence in the police than do Whites and other racial minorities. The increased skepticism of the police expressed by minority citizens is commonly associated with racial profiling and documented racial disparities in police behavior. Although policing research has empirically demonstrated the influence of race on perceptions of the police, few studies have explored police perceptions from a rural context. By employing the Citizen's Attitudes Towards …

A Deconstruction Of Dexter: An Analysis Of Noble Cause Corruption Within A Crime Drama, Alyssa Lawrence

Online Theses and Dissertations

The literature on corruption within law enforcement typically addresses factors such as brutality, dishonesty, accepting bribes, and using falsified evidence. This research project examines noble cause corruption (NCC), an area that scholarship has ignored until the last ten years. NCC is defined by Crank and Caldero (2007) as using illegal means to achieve good ends. Although NCC is not a new phenomenon it has become of greater focus in television and movies. Many recent television shows have represented NCC in a positive light, almost disguising it as if it were not present. Therefore the topic of this paper is not …

Police Deception: A Survey Of Eku Students, Jason Anthony Nicholson

Online Theses and Dissertations

Abstract

Police deception has been both good and bad for society. Deceptive interrogation is an effective method of gaining confessions and convictions. It is also dangerous in that it raises the potential for false confessions, damages police-citizen relationships, damages case strength, and encourages lying in other aspects of policing. The purpose of the study was to gauge the opinions of students regarding deceptive interrogation by police. A survey was administered to a purposive sample of undergraduates at Eastern Kentucky University. The survey asked questions regarding the students' level of approval toward different scenarios of police deception. It also asked some …