Law Commons^™

The Missing Normative Dimension In Brian Leiter's "Reconstructed" Legal Realism, Edmund Ursin

San Diego Law Review

Legal Realism has undergone a revitalization in academia. In a series of articles over the past decade and a half, and in a 2007 book, Brian Leiter has offered a "philosophical reconstruction" of Legal Realism... In the forthcoming Article, I will seek to clarify further the normative dimension of Legal Realism. I will suggest that it is a mistake to divide Legal Realists into quietist camps. This is because these terms refer to two distinct phenomena. Nonquetism in a view of the lawmaking role: judges are legislators-they make law and policy plays a role in their lawmaking. Quietism reflects a …

Deconceptualizing Artists' Rights, Steven G. Gey

San Diego Law Review

During the last three decades, visual artists and their supporters have convinced several states and the federal government to enact legislation protecting the moral rights of artists. This effort culminated in the federal government’s enactment of the Visual Artists Rights Act of 1990. These statutes protect various aspects of art, including most importantly artistic integrity, which gives artists the right to prevent the intentional distortion, mutilation, or other modification of an artistic work if the modification would damage the artist’s reputation. These statutes have recently come under attack, surprisingly, from within the art community itself. Professor Amy Adler recently published …

American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody

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

This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

Capital Punishment And Race: Racial Culture Of The South, Jerry Joubert

Undergraduate Review

There are currently 34 states with the death penalty and 16 states without the death penalty in the United States. According to the most recent report from the Death Penalty Information Center, there have been 1276 executions in the United States since 1976. In the year 2011 alone, there were 42 executions. This was 4 executions less than the previous year. Among the 1276 total executions in the United States since 1976, 1048 have taken place in the South. There are approximately 3,251 inmates on death row. African-Americans represent 42% of these inmates (Death Penalty Information Center, 2011). This statistic …

Juvenile Life Without Parole, Kallee Spooner

Undergraduate Review

The purpose of this paper is to analyze data, policy trends, and legal concerns on the issue of sentencing juvenile offenders to life without the possibility of parole (LWOP). Policy changes in the 1980s and 90s dramatically changed the sentencing outcomes for juvenile offenders. Significantly departing from the rehabilitative goals established by the juvenile court, states adopted harsher punishments, including LWOP. During this shift, the diminished culpability of youth became insignificant when compared to the nature of their crimes. The recent cases of Roper v. Simmons (2005) and Graham v. Florida (2010) reinstated the importance of recognizing that juveniles are …

Ua12/8 Annual Campus Security And Fire Report, Wku Police

WKU Administration Documents

This report is designed to provide students, prospective students, parents, faculty, and staff with accurate crime statistics, information on university services, and crime prevention programs. These programs are designed to help inform our campus community about safety practices that will help reduce the risk of becoming a victim of crime. These safe practices can provide individuals with vital information that they can carry with them through college and beyond, keeping them safe for the rest of their lives.

Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance

Annual Interdisciplinary Conference on Human Trafficking: 4th (2012)

This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.

We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …

Justice And Efficiency: An Empirical Study On Simplified Procedure For Guilty Plea Cases, Bensen Li

Maurer Theses and Dissertations

This study explores the simplified procedure for guilty plea cases emerged in the context of the rise of crime in China. It examines the effect of the simplified procedure and the relevance of the concept of guilty plea in practice, seeking to answer the questions such as: how efficient was it in process durations in the simplified procedure? Is there any difference for guilty plea cases in sentencing between simplified procedure and regular procedure cases? What is the core problem in considerations and relationship between justice and efficiency in the simplified procedure?

To answer these questions, the empirical study is …

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

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

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

Fidelity To Law And The Moral Pluralism Premise, Katherine R. Kruse

Scholarly Works

In Fidelity to Law, Wendel presents and defends a comprehensive theory of legal ethics with two interrelated arguments: a functional argument that law deserves respect because of its capacity to settle normative controversy in a morally pluralistic society; and a normative argument that law deserves respect because democratic lawmaking processes respect the equality and dignity of citizens. This review essay questions Wendel’s move from the premise of moral pluralism to his conclusion that the function of law is to settle normative controversy in society on both practical and theoretical grounds. Practically, it argues that law lacks the capacity to …

Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman

Faculty Scholarship

The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …

The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar

Faculty Scholarship

No abstract provided.

Confucian Virtue Jurisprudence, Linghao Wang, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on virtue jurisprudence has emphasized a NeoAristotelian approach. This essay develops a virtue jurisprudence in the Confucian tradition. The title of this essay, “Confucian Virtue Jurisprudence,” reflects the central aim of our work, to build a contemporary theory of law that is both virtue-centered and that provides a contemporary reconstruction of the central ideas of the early Confucian intellectual tradition.

This essay provides a sketch of our contemporary version of Confucian virtue jurisprudence, including a view of …

Column: The Physics Of Digital Information-Part 2, Fred Cohen

Journal of Digital Forensics, Security and Law

In part 1 of this series (Cohen, 2011a), we discussed some of the basics of building a physics of digital information. Assuming, as we have, that science is about causality and that a scientific theory should require that cause(C) produces effect (E) via mechanism M (written C→ME), we explore that general theory of digital systems from the perspective of attributing effects (i.e., traces of activities in digital systems) to their causes. Full details of the current version of this physics are available online2 , and in this article, we explore a few more of them.

Comparing Android Applications To Find Copying, Larry Melling, Bob Zeidman

Journal of Digital Forensics, Security and Law

The Android smartphone operating system includes a Java virtual machine that enables rapid development and deployment of a wide variety of applications. The open nature of the platform means that reverse engineering of applications is relatively easy, and many developers are concerned as applications similar to their own show up in the Android marketplace and want to know if these applications are pirated. Fortunately, the same characteristics that make an Android application easy to reverse engineer and copy also provide opportunities for Android developers to compare downloaded applications to their own. This paper describes the process for comparing a developer’s …

An Overview Of The Jumplist Configuration File In Windows 7, Harjinder S. Lallie, Parmjit S. Bains

Journal of Digital Forensics, Security and Law

The introduction of Jumplists in Windows 7 was an important feature from a forensic examiners viewpoint. Jumplist configuration files can provide the examiner with a wealth of information relating to file access and in particular: dates/times, Volume GUIDs and unique file object IDs relating to those files. Some of the information in the Jumplist could be used to build a more precise timeline relating to system and file usage. In this article, we analyse the structure of a Jumplist configuration file and in particular a record from a Jumplist configuration file and highlight some of the important entries therein.

Pandora’S Email Box? An Exploratory Study Of Web-Based Email Forgery Detection And Validation., Richard Boddington, Grant Boxall, Jeremy Ardley

Journal of Digital Forensics, Security and Law

Web based email systems may be a source of pristine digital evidence because of the perceived difficulty of client tampering with messages stored inside the email account. We demonstrate that such assumption is wrong in the case of Windows Live Hotmail®1 . Windows Live Mail®1 synchronises message on client-side computers with the Hotmail® server, benefiting users wishing to synchronise their email accounts and personal devices. However, this synchronisation opens an exploit for wrongdoers to tamper with existing email messages and attachments as well as facilitating the insertion of fabricated messages. The exploit process enables persistent storage of tampered and fabricated …

Book Review: The Software Ip Detective's Handbook: Measurement, Comparison, And Infringement Detections, Diane Barrett

Journal of Digital Forensics, Security and Law

Do not the book title fool you into thinking that the book is only for those looking to detect software infringement detection. It is a comprehensive look at software intellectual property. The book covers a wide range of topics and has something to offer for just about everyone from lawyers to programmers.

Technology Corner: Dating Of Electronic Hardware For Prior Art Investigations, Sellam Ismail

Journal of Digital Forensics, Security and Law

In many legal matters, specifically patent litigation, determining and authenticating the date of computer hardware or other electronic products or components is often key to establishing the item as legitimate evidence of prior art. Such evidence can be used to buttress claims of technologies available or of events transpiring by or at a particular date.

Applying The Acpo Principles In Public Cloud Forensic Investigations, Harjinder S. Lallie, Lee Pimlott

Journal of Digital Forensics, Security and Law

The numerous advantages offered by cloud computing has fuelled its growth and has made it one of the most significant of current computing trends. The same advantages have created complex issues for those conducting digital forensic investigations. Digital forensic investigators rely on the ACPO (Association of Chief Police Officers) or similar guidelines when conducting an investigation, however the guidelines make no reference to some of the issues presented by cloud investigations. This study investigates the impact of cloud computing on ACPO’s core principles and asks whether these principles can still be applied in a cloud investigation and the challenges presented …

Column: Factors Affecting Data Decay, Kevin Fairbanks, Simson Garfinkel

Journal of Digital Forensics, Security and Law

In nuclear physics, the phrase decay rate is used to denote the rate that atoms and other particles spontaneously decompose. Uranium-235 famously decays into a variety of daughter isotopes including Thorium and Neptunium, which themselves decay to others. Decay rates are widely observed and wildly different depending on many factors, both internal and external. U-235 has a half-life of 703,800,000 years, for example, while free neutrons have a half-life of 611 seconds and neutrons in an atomic nucleus are stable.

Automated Identification And Reconstruction Of Youtube Video Access, Jonathan Patterson, Christopher Hargreaves

Journal of Digital Forensics, Security and Law

YouTube is one of the most popular video-sharing websites on the Internet, allowing users to upload, view and share videos with other users all over the world. YouTube contains many different types of videos, from homemade sketches to instructional and educational tutorials, and therefore attracts a wide variety of users with different interests. The majority of YouTube visits are perfectly innocent, but there may be circumstances where YouTube video access is related to a digital investigation, e.g. viewing instructional videos on how to perform potentially unlawful actions or how to make unlawful articles. When a user accesses a YouTube video …

Dns In Computer Forensics, Neil F. Wright

Journal of Digital Forensics, Security and Law

The Domain Name Service (DNS) is a critical core component of the global Internet and integral to the majority of corporate intranets. It provides resolution services between the human-readable name-based system addresses and the machine operable Internet Protocol (IP) based addresses required for creating network level connections. Whilst structured as a globally dispersed resilient tree data structure, from the Global and Country Code Top Level Domains (gTLD/ccTLD) down to the individual site and system leaf nodes, it is highly resilient although vulnerable to various attacks, exploits and systematic failures.

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

Journal of 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 …

Identifying Trace Evidence From Target-Specific Data Wiping Application Software, Gregory H. Carlton, Gary C. Kessler

Journal of Digital Forensics, Security and Law

One area of particular concern for computer forensics examiners involves situations in which someone utilized software applications to destroy evidence. There are products available in the marketplace that are relatively inexpensive and advertised as being able to destroy targeted portions of data stored within a computer system. This study was undertaken to analyze a subset of these tools in order to identify trace evidence, if any, left behind on disk media after executing these applications. We evaluated five Windows 7 compatible software products whose advertised features include the ability for users to wipe targeted files, folders, or evidence of selected …

Technology Corner Automated Data Extraction Using Facebook, Nick V. Flor

Journal of Digital Forensics, Security and Law

Because of Facebook’s popularity, law enforcement agents often use it as a key source of evidence. But like many user digital trails, there can be a large amount of data to extract for analysis. In this paper, we explore the basics of extracting data programmatically from a user’s Facebook via a Web app. A data extraction app requests data using the Facebook Graph API, and Facebook returns a JSON object containing the data. Before an app can access a user’s Facebook data, the user must log into Facebook and give permission. Thus, this approach is limited to situations where users …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Book Review: System Forensics, Investigation, And Response, Nate Keith

Journal of Digital Forensics, Security and Law

I recently expressed an interest to a respected colleague in finding a way to “give back” to the forensic community. He suggested writing a review for a text he recently received and provide feedback to the community. It is my intent to present an objective analysis of System Forensics, Investigation, and Response.