Law Commons^™

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.

Real World Computer Forensics, Jessica Riccio

Liberal Arts and Engineering Studies

No abstract provided.

Clarifying The Normative Dimension Of Legal Realism: The Example Of Holmes's The Path Of The Law, Edmund Ursin

San Diego Law Review

In a recently published article, I examined the Legal Realism found in Leon Green's and Karl Llewellyn's tort scholarship. Brian Leiter had previously presented an insightful "philosophical reconstruction" of Legal Realism. In articulating what he sees as the descriptive and normative aspects of Legal Realism, Leiter drew most of his examples from the field of commercial law, which was the main focus of Llewellyn's scholarship. In this context he wrote that most Legal Realists made a descriptive claim about judicial decisions or, more specifically, decisions of appellate courts. Stated in its most succinct form, this descriptive claim was that judicial …

Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky

Annual ADFSL Conference on Digital Forensics, Security and Law

An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …

A Case Study Of The Challenges Of Cyber Forensics Analysis Of Digital Evidence In A Child Pornography Trial, Richard Boddington

Annual ADFSL Conference on Digital Forensics, Security and Law

Perfunctory case analysis, lack of evidence validation, and an inability or unwillingness to present understandable analysis reports adversely affect the outcome course of legal trials reliant on digital evidence. These issues have serious consequences for defendants facing heavy penalties or imprisonment yet expect their defence counsel to have clear understanding of the evidence. Poorly reasoned, validated and presented digital evidence can result in conviction of the innocent as well as acquittal of the guilty. A possession of child pornography Case Study highlights the issues that appear to plague case analysis and presentation of digital evidence relied on in these odious …

After Five Years Of E-Discovery Missteps: Sanctions Or Safe Harbor?, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

In 2003 the Zubulake case became the catalyst of change in the world of e-discovery. In that case Judge Shira Scheindlin of the United States District Court for the Southern District of New York set guidelines for e-discovery that served as the basis for amending the Federal Rules of Civil Procedure (FRCP) in December 2006. The amendments incorporated a number of concepts that were described by Judge Scheindlin in the Zubulake case. ( Zubulake v. UBS Warburg LLC, 2003) Since the Zubulake case and the FRCP amendments, numerous cases have interpreted these rules changes, but one of the main points …

Multi-Parameter Sensitivity Analysis Of A Bayesian Network From A Digital Forensic Investigation, Richard E. Overill, Echo P. Zhang, Kam-Pui Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

A multi-parameter sensitivity analysis of a Bayesian network (BN) used in the digital forensic investigation of the Yahoo! email case has been performed using the principle of ‘steepest gradient’ in the parameter space of the conditional probabilities. This procedure delivers a more reliable result for the dependence of the posterior probability of the BN on the values used to populate the conditional probability tables (CPTs) of the BN. As such, this work extends our previous studies using singleparameter sensitivity analyses of BNs, with the overall aim of more deeply understanding the indicative use of BNs within the digital forensic and …

Facilitating Forensics In The Mobile Millennium Through Proactive Enterprise Security, Andrew R. Scholnick

Annual ADFSL Conference on Digital Forensics, Security and Law

This work explores the impact of the emerging mobile communication device paradigm on the security-conscious enterprise, with regard to providing insights for proactive Information Assurance and facilitation of eventual Forensic analysis. Attention is given to technology evolution in the areas of best practices, attack vectors, software and hardware performance, access and activity monitoring, and architectural models.

Keywords: Forensics, enterprise security, mobile communication, best practices, attack vectors.

Cloud Forensics Investigation: Tracing Infringing Sharing Of Copyrighted Content In Cloud, Yi-Jun He, Echo P. Zhang, Lucas C.K. Hui, Siu Ming Yiu, K.P. Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud Computing is becoming a significant technology trend nowadays, but its abrupt rise also creates a brand new front for cybercrime investigation with various challenges. One of the challenges is to track down infringing sharing of copyrighted content in cloud. To solve this problem, we study a typical type of content sharing technologies in cloud computing, analyze the challenges that the new technologies bring to forensics, formalize a procedure to get digital evidences and obtain analytical results based on the evidences to track down illegal uploader. Furthermore, we propose a reasoning model based on the probability distribution in a Bayesian …

Ipad2 Logical Acquisition: Automated Or Manual Examination?, Somaya Ali, Sumaya Alhosani, Farah Alzarooni, Ibrahim Baggili

Annual ADFSL Conference on Digital Forensics, Security and Law

Due to their usage increase worldwide, iPads are on the path of becoming key sources of digital evidence in criminal investigations. This research investigated the logical backup acquisition and examination of the iPad2 device using the Apple iTunes backup utility while manually examining the backup data (manual examination) and automatically parsing the backup data (Lantern software - automated examination). The results indicate that a manual examination of the logical backup structure from iTunes reveals more digital evidence, especially if installed application data is required for an investigation. However, the researchers note that if a quick triage is needed of an …

A Fuzzy Hashing Approach Based On Random Sequences And Hamming Distance, Frank Breitinger, Harald Baier

Annual ADFSL Conference on Digital Forensics, Security and Law

Hash functions are well-known methods in computer science to map arbitrary large input to bit strings of a fixed length that serve as unique input identifier/fingerprints. A key property of cryptographic hash functions is that even if only one bit of the input is changed the output behaves pseudo randomly and therefore similar files cannot be identified. However, in the area of computer forensics it is also necessary to find similar files (e.g. different versions of a file), wherefore we need a similarity preserving hash function also called fuzzy hash function. In this paper we present a new approach for …

The Xbox 360 And Steganography: How Criminals And Terrorists Could Be "Going Dark", Ashley Podhradsky, Rob D’Ovidio, Cindy Casey

Annual ADFSL Conference on Digital Forensics, Security and Law

Video game consoles have evolved from single-player embedded systems with rudimentary processing and graphics capabilities to multipurpose devices that provide users with parallel functionality to contemporary desktop and laptop computers. Besides offering video games with rich graphics and multiuser network play, today's gaming consoles give users the ability to communicate via email, video and text chat; transfer pictures, videos, and file;, and surf the World-Wide-Web. These communication capabilities have, unfortunately, been exploited by people to plan and commit a variety of criminal activities. In an attempt to cover the digital tracks of these unlawful undertakings, anti-forensic techniques, such as steganography, …

Double-Compressed Jpeg Detection In A Steganalysis System, Jennifer L. Davidson, Pooja Parajape

Annual ADFSL Conference on Digital Forensics, Security and Law

The detection of hidden messages in JPEG images is a growing concern. Current detection of JPEG stego images must include detection of double compression: a JPEG image is double compressed if it has been compressed with one quality factor, uncompressed, and then re-compressed with a different quality factor. When detection of double compression is not included, erroneous detection rates are very high. The main contribution of this paper is to present an efficient double-compression detection algorithm that has relatively lower dimensionality of features and relatively lower computational time for the detection part, than current comparative classifiers. We use a model-based …

Toward Alignment Between Communities Of Practice And Knowledge-Based Decision Support, Jason Nichols, David Biros, Mark Weiser

Annual ADFSL Conference on Digital Forensics, Security and Law

The National Repository of Digital Forensics Information (NRDFI) is a knowledge repository for law enforcement digital forensics investigators (LEDFI). Over six years, the NRDFI has undertaken significant design revisions in order to more closely align the architecture of the system with theory addressing motivation to share knowledge and communication within ego-centric groups and communities of practice. These revisions have been met with minimal change in usage patterns by LEDFI community members, calling into question the applicability of relevant theory when the domain for knowledge sharing activities expands beyond the confines of an individual organization to a community of practice. When …

A Proposal For Incorporating Programming Blunder As Important Evidence In Abstraction-Filtration-Comparison Test, P. Vinod Bhattathiripad

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper investigates an unexplored concept in Cyber Forensics, namely, a Programming Blunder. Programming Blunder is identified as a variable or a code segment or a field in a database table, which is hardly used or executed in the context of the application or the user’s functionality. Blunder genes can be found in many parts of any program. It is the contention of this paper that this phenomenon of blunders needs to be studied systematically from its very genetic origins to their surface realizations in contrast to bugs and flaws, especially in view of their importance in software copyright infringement …

Update On The State Of The Science Of Digital Evidence Examination, Fred Cohen

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper updates previous work on the level of consensus in foundational elements of digital evidence examination. Significant consensus is found present only after definitions are made explicit, suggesting that, while there is a scientific agreement around some of the basic notions identified, the use of a common language is lacking.

Keywords: Digital forensics examination, terminology, scientific methodology, testability, validation, classification, scientific consensus

Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta

Honors Scholar Theses

Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest …

An Examination Of Perceived Stress Levels And Coping Styles Among Rural Law Enforcement Officers, Marcos Luis Misis

Dissertations

Policing is a very stressful job. Despite the extensive body of research on police stress, the majority of studies have focused solely on officers within urban police departments. Research on stress within rural law enforcement departments is virtually non-existent even though the majority of police agencies in America serve towns and areas under 50,000 residents.

This study had four main goals: (1) to examine how work-related stress affects the levels of perceived stress, anxiety, and depression for rural law enforcement officers; (2) to explore the specific stressors affecting rural law enforcement officers; (3) to investigate how rural law enforcement officers …

An Examination Of Factors Affecting Information Sharing Among Law Enforcement Agencies, Scott Driskill Bransford

Dissertations

The purpose of the present study was to investigate using survey data to find factors or barriers which contributed to local law enforcement participation and support of intelligence information sharing. Following the September 11, 2001, attacks in New York City and Arlington, Virginia, new homeland security initiatives and directives were created from the legislative and executive branches of the federal government. Several new initiatives and directives provided new communication opportunities for partnerships between all levels of law enforcement to combat the future threat of domestic terrorism.

The evaluation literature indicated that a majority of post-9/11, initiatives, including the creation of …

Recidivism Rates Of Committed Youth, 2006 - 2009, Becky Noreus, Robyn Dumont

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

This report uses multiple recidivism measures: re‐arrest, re‐adjudication/conviction, and recommitment. To be consistent with other reports, most analysis focuses on re‐adjudication/conviction.

This report measures DJS impact on youth who have been committed to a MDOC facility by examining rates of recidivism.

A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers

Pell Scholars and Senior Theses

State prison overcrowding has grown into a detrimental problem within our American penal system, such that after decades of being ignored by politicians, media outlets, and the lower court system, it has resulted in an ineffective and overcrowded correctional system that craves reformation.

Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu

Graduate Research Symposium (2010 - 2017)

Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield

Penn State Journal of Law & International Affairs (2012 - Present)

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 1, Spring 2012

Nebraska Transcript

Dean’s Message 2

Faculty News

Profile: Roger Kirst 4

Schmid Law Library Faculty 6

Faculty Notes 8

Profile: Brank’s Return 16

Feature: Senator Mike Flood 18

Around the College

Warren Transitions to Admissions 21

Clinics Provide Lessons in Immediacy 22

CSO Report: Exploring Opportunities 26

Willborn Portrait Unveiled 27

A Perfect Storm 28

LL.M Report: Final NASA Grant Repor 32

Perry Fuller Lecturer: Thomas Crisham 38

The Tragedy of William Jennings Bryan 39

Winter 2011 Commencement 40

Connect with Us! 43

Our Alumni

Dean Poser’s Travels 44

2011 Alumni Master: Eartha Johnson 45

Stejskal: FBI Probe on Illegal Steroid Usage …

The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson

Political Science Theses and Capstones

In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …

Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke

Book Reviews

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …

High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz

Northwestern Journal of Law & Social Policy

Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …

A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber

Global Tides

This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …

The Market As A Legal Concept, Justin Desautels-Stein

Buffalo Law Review

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.