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Articles 2761 - 2790 of 9831

Full-Text Articles in Law

Legal Disparities In The Capital Of Capital Punishment, Scott Phillips Jan 2009

Legal Disparities In The Capital Of Capital Punishment, Scott Phillips

Journal of Criminal Law and Criminology

No abstract provided.


The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave Jan 2009

The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave

Journal of Criminal Law and Criminology

No abstract provided.


Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista Jan 2009

Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista

Journal of Criminal Law and Criminology

No abstract provided.


Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason Jan 2009

Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason

Journal of Criminal Law and Criminology

No abstract provided.


Strategery's Refuge, Christopher Seeds Jan 2009

Strategery's Refuge, Christopher Seeds

Journal of Criminal Law and Criminology

No abstract provided.


The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger Jan 2009

The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger

Journal of Criminal Law and Criminology

No abstract provided.


Aces And Eights: Why The Unlawful Internet Gambling Enforcement Act Resides In Dead Man's Land In Attempting To Further Curb Online Gambling And Why Expanded Criminalization If Preferable To Legalization, Jonathan Conon Jan 2009

Aces And Eights: Why The Unlawful Internet Gambling Enforcement Act Resides In Dead Man's Land In Attempting To Further Curb Online Gambling And Why Expanded Criminalization If Preferable To Legalization, Jonathan Conon

Journal of Criminal Law and Criminology

No abstract provided.


Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle Jan 2009

Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle

Journal of Criminal Law and Criminology

No abstract provided.


Duress And The Underlying Felony, Russell Shankland Jan 2009

Duress And The Underlying Felony, Russell Shankland

Journal of Criminal Law and Criminology

No abstract provided.


A Validation Study Of Risk Management Systems, Bridget Kelly Jan 2009

A Validation Study Of Risk Management Systems, Bridget Kelly

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine the predictive validity of Risk Management Systems (RMS) as a risk assessment instrument. To date, a published validation study does not exist for the RMS. The study employs secondary data analysis to examine the predictive validity of RMS recidivism and violence scores on three outcomes: arrest, unsuccessful termination from supervision, and technical violations. The study sample consisted of 830 probationers from the United States Probation Office, District of Nevada. The analyses showed that RMS recidivism and violence scores were moderately predictive of all three outcomes.


Graduate Accounting Students' Perception Of It Forensics: A Multi-Dimensional Analysis, Grover S. Kearns Jan 2009

Graduate Accounting Students' Perception Of It Forensics: A Multi-Dimensional Analysis, Grover S. Kearns

Journal of Digital Forensics, Security and Law

Forensics and information technology (IT) have become increasingly important to accountants and auditors. Undergraduate accounting students are introduced to general IT topics but discussion of forensic knowledge is limited. A few schools have introduced an undergraduate major in forensic accounting. Some graduate schools offer accounting students an emphasis in forensic or fraud accounting that includes instruction in forensics and information technology. When students do not view the IT topics as being equally important to their careers as traditional accounting topics, these attitudes may reduce the quality of the course. In an effort to assess student attitudes, a survey of 46 …


Continuous Fraud Detection In Enterprise Systems Through Audit Trail Analysis, Peter J. Best, Pall Rikhardsson, Mark Toleman Jan 2009

Continuous Fraud Detection In Enterprise Systems Through Audit Trail Analysis, Peter J. Best, Pall Rikhardsson, Mark Toleman

Journal of Digital Forensics, Security and Law

Enterprise systems, real time recording and real time reporting pose new and significant challenges to the accounting and auditing professions. This includes developing methods and tools for continuous assurance and fraud detection. In this paper we propose a methodology for continuous fraud detection that exploits security audit logs, changes in master records and accounting audit trails in enterprise systems. The steps in this process are: (1) threat monitoringsurveillance of security audit logs for ‘red flags’, (2) automated extraction and analysis of data from audit trails, and (3) using forensic investigation techniques to determine whether a fraud has actually occurred. We …


Table Of Contents Jan 2009

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Detection Of Steganography-Producing Software Artifacts On Crime-Related Seized Computers, Asawaree Kulkarni, James Goldman, Brad Nabholz, William Eyre Jan 2009

Detection Of Steganography-Producing Software Artifacts On Crime-Related Seized Computers, Asawaree Kulkarni, James Goldman, Brad Nabholz, William Eyre

Journal of Digital Forensics, Security and Law

Steganography is the art and science of hiding information within information so that an observer does not know that communication is taking place. Bad actors passing information using steganography are of concern to the national security establishment and law enforcement. An attempt was made to determine if steganography was being used by criminals to communicate information. Web crawling technology was used and images were downloaded from Web sites that were considered as likely candidates for containing information hidden using steganographic techniques. A detection tool was used to analyze these images. The research failed to demonstrate that steganography was prevalent on …


Correlating Orphaned Windows Registry Data Structures, Damir Kahvedžić, Tahar Kechadi Jan 2009

Correlating Orphaned Windows Registry Data Structures, Damir Kahvedžić, Tahar Kechadi

Journal of Digital Forensics, Security and Law

Recently, it has been shown that deleted entries of the Microsoft Windows registry (keys) may still reside in the system files once the entries have been deleted from the active database. Investigating the complete keys in context may be extremely important from both a Forensic Investigation point of view and a legal point of view where a lack of context can bring doubt to an argument. In this paper we formalise the registry behaviour and show how a retrieved value may not maintain a relation to the part of the registry it belonged to and hence lose that context. We …


Insecurity By Obscurity: A Review Of Soho Router Literature From A Network Security Perspective, Patryk Szewczyk, Craig Valli Jan 2009

Insecurity By Obscurity: A Review Of Soho Router Literature From A Network Security Perspective, Patryk Szewczyk, Craig Valli

Journal of Digital Forensics, Security and Law

Because of prevalent threats to SoHo based ADSL Routers, many more devices are compromised. Whilst an end-user may be at fault for not applying the appropriate security mechanisms to counter these threats, vendors should equally share the blame. This paper reveals that the lack of security related content and poor overall design could impact on end-users’ interpretation and willingness to implement security controls on their ADSL router. It argues that whilst the number of threats circulating the Internet is increasing, vendors are not improving their product literature.


Electronic Forms-Based Computing For Evidentiary Analysis, Andy Luse, Brian Mennecke, Anthony M. Townsend Jan 2009

Electronic Forms-Based Computing For Evidentiary Analysis, Andy Luse, Brian Mennecke, Anthony M. Townsend

Journal of Digital Forensics, Security and Law

The paperwork associated with evidentiary collection and analysis is a highly repetitive and time-consuming process which often involves duplication of work and can frequently result in documentary errors. Electronic entry of evidencerelated information can facilitate greater accuracy and less time spent on data entry. This manuscript describes a general framework for the implementation of an electronic tablet-based system for evidentiary processing. This framework is then utilized in the design and implementation of an electronic tablet-based evidentiary input prototype system developed for use by forensic laboratories which serves as a verification of the proposed framework. The manuscript concludes with a discussion …


Book Review: Cyber Security And Global Information Assurance: Threat Analysis And Response Solutions, Gary C. Kessler Jan 2009

Book Review: Cyber Security And Global Information Assurance: Threat Analysis And Response Solutions, Gary C. Kessler

Journal of Digital Forensics, Security and Law

I freely admit that this book was sent to me by the publisher for the expressed purpose of my writing a review and that I know several of the chapter authors. With that disclosure out of the way, let me say that the book is well worth the review (and I get to keep my review copy).
The preface to the book cites the 2003 publication of The National Strategy to Secure Cyberspace by the White House, and the acknowledgement by the U.S. government that our economy and national security were fully dependent upon computers, networks, and the telecommunications infrastructure. …


Table Of Contents Jan 2009

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


A Synopsis Of Proposed Data Protection Legislation In Sa, Francis S. Cronjé Jan 2009

A Synopsis Of Proposed Data Protection Legislation In Sa, Francis S. Cronjé

Journal of Digital Forensics, Security and Law

Privacy International1 made the following statement regarding South Africa’s financial sector in its 2005 world survey: “South Africa has a well-developed financial system and banking infrastructure. Despite the sophistication of the financial sector, the privacy of financial information is weakly regulated by a code of conduct for banks issued by the Banking Council.” This extract highlights some of the problems South Africa are experiencing with its current status on privacy as viewed from an International perspective. In recent years the International society has stepped up its efforts in creating a global village wherein the individual could be assured of having …


Prevention Is Better Than Prosecution: Deepening The Defence Against Cyber Crime, Jacqueline Fick Jan 2009

Prevention Is Better Than Prosecution: Deepening The Defence Against Cyber Crime, Jacqueline Fick

Journal of Digital Forensics, Security and Law

In the paper the author proposes that effectively and efficiently addressing cyber crime requires a shift in paradigm. For businesses and government departments alike the focus should be on prevention, rather than the prosecution of cyber criminals. The Defence in Depth strategy poses a practical solution for achieving Information Assurance in today’s highly networked environments. In a world where “absolute security” is an unachievable goal, the concept of Information Assurance poses significant benefits to securing one of an organization’s most valuable assets: Information. It will be argued that the approach of achieving Information Assurance within an organisation, coupled with the …


Telecommunications Liberalisation In Africa: Proposed Regulatory Model For The Sadc Region, Z. N. Jobodwana Jan 2009

Telecommunications Liberalisation In Africa: Proposed Regulatory Model For The Sadc Region, Z. N. Jobodwana

Journal of Digital Forensics, Security and Law

The liberalisation of the telecommunication industry in Africa, and the further development of the region’s physical infrastructure was accompanied by the further development of Africa’s information, communication and technology infrastructure. Competition within the industry stimulated heavy economic investment in other sectors of the economy. The outcome of liberalisation also included the establishment of community-based structures that continue to enable communities to manage their own development and gain access to information and communication technologies (ICTs) in an unprecedented manner. The telecommunication infrastructure further stimulated the fast development of other related services, for example, ecommerce and mobile commerce (m-commerce), e-government, internet banking, …


Table Of Contents Jan 2009

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, Pauline Kim, Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Catherine Fisk, Roberto L. Corrada Jan 2009

Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, Pauline Kim, Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Catherine Fisk, Roberto L. Corrada

Scholarship@WashULaw

The purpose of this commentary on Chapter 4 of the Proposed ALI Restatement of Employment Law, concerning the tort of wrongful discipline in violation of public policy, is to closely evaluate the current draft in light of the appropriate purposes for a Restatement. Although some value exists in merely stating the consensus respecting these rules, the mission of the ALI extends beyond that, to better adapt the law to social needs and secure the better administration of justice. Our principal problem with the current Restatement draft is that it does not adequately recognize the dynamic nature of this area of …


Privacy And The Limits Of History, Neil M. Richards Jan 2009

Privacy And The Limits Of History, Neil M. Richards

Scholarship@WashULaw

A short review essay of Lawrence Friedman's "Guarding Life's Dark Secrets: Legal and Social Controls over Reputation, Propriety, and Privacy" (Stanford Press 2007). The essay argues that Friedman tells a nuanced and compelling story of the rise and fall of the "Victorian Compromise," a series of interlocking legal doctrines protecting the reputations of elites around the turn of the twentieth century. "Dark Secrets" undeniably advances our understanding of both the genesis of privacy law and the relationships between law and culture in the Gilded Age. As a work of legal history, it is an instant classic–a must-read for anyone interested …


Rethinking Free Speech And Civil Liability, Neil M. Richards, Daniel J. Solove Jan 2009

Rethinking Free Speech And Civil Liability, Neil M. Richards, Daniel J. Solove

Scholarship@WashULaw

One of the most important and unresolved quandaries of First Amendment jurisprudence involves when civil liability for speech will trigger First Amendment protections. When speech results in civil liability, two starkly opposing rules are potentially applicable. Since New York Times v. Sullivan, the First Amendment requires heightened protection against tort liability for speech, such as defamation and invasion of privacy. But in other contexts involving civil liability for speech, the First Amendment provides virtually no protection. According to Cohen v. Cowles, there is no First Amendment scrutiny for speech restricted by promissory estoppel and contract. The First Amendment rarely requires …


Deliberation And Strategy On The United States Courts Of Appeals: An Empirical Exploration Of Panel Effects, Pauline Kim Jan 2009

Deliberation And Strategy On The United States Courts Of Appeals: An Empirical Exploration Of Panel Effects, Pauline Kim

Scholarship@WashULaw

Recent studies have established that decision-making by federal court of appeals judges is influenced not only by the preferences of the judge, but also the preferences of her panel colleagues. Although the existence of these panel effects is well documented, the reasons they occur are less well understood. Scholars have proposed a number of competing theories to explain panel effects, but none has been established empirically. In this Article, I report an empirical test of two competing explanations of panel effects - one emphasizing deliberation internal to a circuit panel, the other hypothesizing strategic behavior on the part of circuit …


How Should We Study District Judge Decision-Making?, Pauline Kim, Margo Schlanger, Christina L. Boyd, Andrew D. Martin Jan 2009

How Should We Study District Judge Decision-Making?, Pauline Kim, Margo Schlanger, Christina L. Boyd, Andrew D. Martin

Scholarship@WashULaw

Understanding judicial decision-making requires attention to the specific institutional settings in which judges operate. Yet much of the existing empirical work on federal district courts has failed to take account of the setting in which those judges operate. Too often, empirical studies of the district courts rely on an implicit assumption that judging at the trial court level is fundamentally the same as judging at the appellate level. We argue that this approach is misguided, because the nature of district judges’ work is substantially different from that of appellate judges. For example, unlike in the typical appellate case, a district …


The Forgotten Freedom Of Assembly, John D. Inazu Jan 2009

The Forgotten Freedom Of Assembly, John D. Inazu

Scholarship@WashULaw

The freedom of assembly has been at the heart of some of the most important social movements in American history: antebellum abolitionism, women's suffrage in the nineteenth and twentieth centuries, the labor movement in the Progressive Era and after the New Deal, and the civil rights movement. Claims of assembly stood against the ideological tyranny that exploded during the first Red Scare in the years surrounding the First World War and the second Red Scare of 1950s McCarthyism. Abraham Lincoln once called 'the right of the people peaceably to assemble' part of 'the Constitutional substitute for revolution'. In 1939, the …


No Future Without (Personal) Forgiveness: Reexamining The Role Of Forgiveness In Transitional Justice, John D. Inazu Jan 2009

No Future Without (Personal) Forgiveness: Reexamining The Role Of Forgiveness In Transitional Justice, John D. Inazu

Scholarship@WashULaw

The role of forgiveness has been much discussed in the literature on transitional justice, but a basic point has been muddled: most acts of forgiveness are inherently personal and cannot be achieved by state actors alone. What I call personal forgiveness is extended by a single human victim who has been harmed by a wrongdoer. Personal forgiveness is distinguishable from three other forms of forgiveness: group forgiveness, legal forgiveness (a form of group forgiveness), and political forgiveness. In the context of transitional justice, I argue that: (1) personal forgiveness is a necessary condition for political forgiveness; (2) group forgiveness (including …