Law Commons^™

The Paradox Of Financial Services Regulation: Preserving Client Expectations Of Loyalty In An Industry Rife With Conflicts Of Interest, Andrew F. Tuch

Scholarship@WashULaw

This paper considers the implications of Australian Securities and Investments Commission v. Citigroup [2007] FCA 963, a landmark decision of the Federal Court of Australia. The case highlights an apparent paradox in financial services regulation: at the same time as allowing, or even fostering, the development of financial services conglomerates, regulation in multiple jurisdictions preserves potentially incompatible general law obligations that arise from client expectations of loyalty. The paradox is most evident in the context of the modern investment bank.

The paper discusses the dynamic nature of investment banks, their organizational structure, the types of conflicts they typically face and …

Incorporation And Originalist Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Does the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight amendments? And how should an originalist answer that question? This paper focuses on the latter question--the issues of originalist theory that are raised by judicial and scholarly debates over what is called "incorporation."

The inquiry proceeds in six parts. Part I answers the questions: "What is incorporation?" and "What is originalism?" Part II examines the theoretical framework for an investigation of incorporation that operates within the narrow confines of interpretation of the linguistic meaning text based on the assumption that the …

After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

This article challenges the conventional notion of the “reasonable man.” It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the site for debate over majoritarian norms. The article posits that the debate over having a purely subjective standard and a purely objective standard obscures the commonsense necessity of having a hybrid standard, one which takes into account the characteristics of a particular …

Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

This article addresses the author's experience using audiovisual materials from the Georgetown Intellectual Property Teaching Resources database. She used audiovisual materials extensively in class to allow students to see the subject matter of the cases rather than just reading verbal descriptions and enable them to apply the principles they read about to new, concrete examples. Many students in IP courses have special interests in music, film, or the visual arts, and the database allows her--and other teachers--to present materials that engage them. She found that students are more willing to speak up in class when they can see or hear …

Constitutional Possibilities, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether these options are desirable--whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans …

An Evaluation Of Operation Street Sweeper - 2006, Andrew Giacomazzi, Jeremy D. Ball

Criminal Justice Faculty Publications and Presentations

Operation Street Sweeper (OSS) was a multi-level, interagency collaboration with multiple purposes. According to OSS documents, Operation Street Sweeper goals included the following: (1) to reduce gang-related criminal and violent activity in Nampa and Caldwell, Idaho through aggressive, proactive, and coordinated street enforcement between the Bureau of Alcohol, Tobacco and Firearms (ATF) and local law enforcement; (2) to deter criminal activity through high profile enforcement activity; (3) to develop and/or increase the number of positive community contacts; (4) to show the community and gang members that law enforcement is serious about reducing gang and violent crime in the area; and …

Citizen And Officer Perceptions Of Community Policing In Ghana: Policing Of, By, And For The People, Or Just To The People?, Angela West Crews, Gordon A. Crews

Criminal Justice Faculty Research

This presentation presents initial results of an evaluation of citizen and officer perceptions of policing in Ghana. The Ghana Police Service (GPS) is attempting to transition from a para-militaristic philosophy to a more community-centered approach, developing a domestic violence unit in the past decade and, more recently, a community policing unit. Community policing philosophies, however, face unique challenges in Ghanaian society, such as a deep-rooted (and historically well-founded) mistrust of the police, and a culture with a well-established and trusted “traditional” system wherein matters are settled within communities and impacted by religion, spirituality, and mysticism. This project used official reported …

From Seduction To Copulation: How Child Molesters Negotiate The Contingencies Of Child Sexual Abuse, Danielle Katrina Schiller

All-Inclusive List of Electronic Theses and Dissertations

Research has focused primarily on the psyche of individual child molesters in order to create better treatment regimens and prevention strategies. However, the extant research neglects to provide an in-depth analysis of what child molesters do and how they do it. This paper examines the seduction process child molesters use to gain access to victims, manipulate the adult community, and create a safe environment to molest. Twenty-one male child molesters were selected from several accredited publications throughout the past twenty years. Through the use of grounded theory, a set of qualitative descriptions revealed common post- and pre-offense behaviors. The behaviors …

Proposition 36: Ignoring Amenability And Avoiding Accountability, Mehgan Porter

Brigham Young University Journal of Public Law

No abstract provided.

The Penetration Of The Criminal Justice System Into Communities Of Color: A Leadership Challenge For The Legal Profession. Address At The Convocation On The Face Of The Profession Iii: Leadership Of The Bar; Sponsored By The New York State Judicial Institute On Professionalism In The Law On April 27, 2007 In Albany, Ny., Jeremy Travis

Publications and Research

No abstract provided.

Towards Redaction Of Digital Information From Electronic Devices, Gavin W. Manes, Lance Watson, David Greer, Alex Barclay, John Hale

Annual ADFSL Conference on Digital Forensics, Security and Law

In the discovery portion of court proceedings, it is necessary to produce information to opposing counsel. Traditionally, this information is in paper form with all privileged information removed. Increasingly, the information requested during discovery exists in digital form and savvy counsel is requesting direct access to the original digital source: a broad spectrum of additional digital information can be often be extracted using digital forensics. This paper describes the major problems which must be solved to redact digital information from electronic devices. The primary hurdle facing digital redaction is the lack of a rational process for systematically handling encoded, encrypted, …

Do Current Erasure Programs Remove Evidence Of Bittorrent Activity?, Andrew Woodward, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

This research in progress aims to evaluate the effectiveness of commercial programs to erase traces of the use of BitTorrent software. The erasure programs MaxErase, P2PDoctor, Privacy Suite, Window Washer and R-Clean and Wipe were used on a machine that had used the BitTorrent client Azureus to download two torrent files. The drive was imaged and then searched for torrent files. The registry was also examined on the source machine. The program R-Clean and Wipe left evidence in both the registry and the image of the name and type of files that had been downloaded with this software. Of greater …

The Case For Teaching Network Protocols To Computer Forensics Examiners, Gary C. Kessler, Matt Fasulo

Annual ADFSL Conference on Digital Forensics, Security and Law

Most computer forensics experts are well-versed in basic computer hardware technology, operating systems, common software applications, and computer forensics tools. And while many have rudimentary knowledge about the Internet and simple network-lookup tools, they are not trained in the analysis of network communication protocols and the use of packet sniffers. This paper describes digital forensics applications for network analysis and includes four case studies.

Keywords: computer forensics education, network forensics, protocol analysis

Education For Cyber Crime Investigators, David Greer, Joe Mulenex, John Hale, Gavin W. Manes

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics and cyber crime investigations are continually growing, rapidly changing fields requiring law enforcement agencies to meet very rigorous training requirements. New opportunities for committing criminal activity against persons, organization or property are presented every day with the proliferation of personal digital devices, computers, the internet, computer networks, and automated data systems. Whether the crime involves attacks against computer systems, electronic information, or more traditional crimes such as murder, money laundering or fraud, electronic evidence is becoming more prevalent. It is no surprise that law enforcement and criminal justice officials are being overwhelmed by the volume of investigations and …

Computer Geolocation Using Extracted Features, Chad M.S. Steel

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper compares the extracted feature data from a sample set of hard drive images in an effort to relate the features to the physical location of the drive. A list of probable zip codes, phone numbers, place names, and IP addresses are extracted from raw drive images and compared to manually identified geolocation data. The results of the individual extractions are then analyzed to determine the feasibility in using automated extraction and analysis techniques for geolocating hard drives.

Keywords: hard disk forensics, geocoding, geolocation

Defending Against Insider Use Of Digital Steganography, James E. Wingate, Glenn D. Watt, Marc Kurtz, Chad W. Davis, Robert Lipscomb

Annual ADFSL Conference on Digital Forensics, Security and Law

The trusted insider is among the most harmful and difficult to detect threats to information security, according to the Federal Plan for Information Assurance and Cyber Security Research and Development released in April 2006. By default, employees become trusted insiders when granted the set of privileges needed to do their jobs, which typically includes access to the Internet. It is generally presumed the insiders are loyally working to achieve the organization’s goals and objectives and would not abuse the privileges given to them. However, some insiders will inevitably abuse some of their privileges. For example, a trusted insider might abuse …

Textbooks For Computer Forensic Courses: A Preliminary Study, Jigang Liu, Larry Gottschalk, Kuodi Jian

Annual ADFSL Conference on Digital Forensics, Security and Law

As computer forensics develops into one of the fastest-growing areas in the computer related fields, many universities and colleges are offering or are planning to offer a course in computer forensics. When instructors begin to develop a new course in the area, one of critical questions they would ask is what textbook should be used. To better answer the question, we conducted a study in which we tried to find which textbooks are being used in computer forensic courses. We believe that the results and analysis of our study will help instructors in choosing adequate textbooks for their new course …

Investigating Information Structure Of Phishing Emails Based On Persuasive Communication Perspective, Ki Jung Lee, Il-Yeol Song

Annual ADFSL Conference on Digital Forensics, Security and Law

Current approaches of phishing filters depend on classifying messages based on textually discernable features such as IP-based URLs or domain names as those features that can be easily extracted from a given phishing message. However, in the same sense, those easily perceptible features can be easily manipulated by sophisticated phishers. Therefore, it is important that universal patterns of phishing messages should be identified for feature extraction to serve as a basis for text classification. In this paper, we demonstrate that user perception regarding phishing message can be identified in central and peripheral routes of information processing. We also present a …

Monitoring And Surveillance In The Workplace: Lessons Learnt? – Investigating The International Legal Position, Verine Etsebeth

Annual ADFSL Conference on Digital Forensics, Security and Law

When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this …

The Gap Between Theory And Practice In Digital Forensics, Joseph C. Sremack

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics is a young field that is being defined by the reactive nature of its development – in terms of both research and practice. As technology develops, digital forensics is forced to react and adapt. The rapid development of technology and the lack of an established theoretical foundation has led to a disconnect between the theory and practice of digital forensics. While the base theoretical issues are being worked on by researchers, practitioners are dealing with entirely new sets of issues. The complexity of investigations is increasing, and anti-forensics techniques are advancing as well. The disconnect will be resolved …

The General Digital Forensics Model, Steven Rigby, Marcus K. Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

The lack of a graphical representation of all of the principles, processes, and phases necessary to carry out an digital forensic investigation is a key inhibitor to effective education in this newly emerging field of study. Many digital forensic models have been suggested for this purpose but they lack explanatory power as they are merely a collection of lists or one-dimensional figures. This paper presents a new multi-dimensional model, the General Digital Forensics Model (GDFM), that shows the relationships and inter-connectedness of the principles and processes needed within the domain of digital forensics.

Keywords: process model, computer forensics, expert learning, …

Teams Responsibilities For Digital Forensic Process, Salma Abdalla, Sherif Hazem, Sherif Hashem

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper presents a detailed digital forensics process model and the responsible teams to perform it. The discussed model presents three teams and a forensic leader who coordinate between the three teams; these teams are physical crime scene team, laboratory examination team and courtroom team. These teams are responsible of achieving the digital forensic model by applying five main phases which are preparation phase, physical forensics and investigation phase, digital forensics phase, reporting and presentation phase and closure phase.

Most of the existing models in this field are either theoretical that deals with data processing or based on a legal …

The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney

Annual ADFSL Conference on Digital Forensics, Security and Law

Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which …

An Exploratory Analysis Of Computer Mediated Communications On Cyberstalking Severity, Stephen D. Barnes, David P. Biros

Annual ADFSL Conference on Digital Forensics, Security and Law

The interaction between disjunctive interpersonal relationships, those where the parties to the relationship disagree on the goals of the relationship, and the use of computer mediated communications channels is a relatively unexplored domain. Bargh (2002) suggests that CMC channels can amplify the development of interpersonal relationships, and notes that the effect is not constant across communications activities. This proposal suggests a line of research that explores the interaction between computer mediated communications (CMC) and stalking, which is a common form of disjunctive relationships. Field data from cyberstalking cases will be used to look at the effects of CMC channels on …

Guideline Model For Digital Forensic Investigation, Salma Abdalla, Sherif Hazem, Sherif Hashem

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper proposes a detailed guideline model for digital forensics; the proposed model consists of five main phases, Preparation phase, Physical Forensics and Investigation Phase, Digital Forensics Phase, Reporting and Presentation Phase, and Closure Phase.

Most of the existing models in this field do not cover all aspects of digital forensic investigations, as they focus mainly on the processing of digital evidence or on the legal points. Although they gave good information to base on it a guide, but they are not detailed enough to describe fully the investigative process in a way that can be used by investigators during …

New Federal Rules And Digital Evidence, Gavin W. Manes, Elizabeth Downing, Lance Watson, Christopher Thrutchley

Annual ADFSL Conference on Digital Forensics, Security and Law

The newly revised Federal Rules of Civil Procedure and developments under the Federal Rules of Evidence have a significant impact on the use, collection, and treatment of digital evidence for legal proceedings. The Rules now formally grant electronic documents and digital evidence the same status as paper and other forms of tangible evidence. As a result, the availability and proper preservation of potentially relevant electronic evidence must be considered, at the very latest, in the preliminary stages of litigation and, at the earliest, as soon as litigation is reasonably anticipated. It is important for professionals to be familiar with the …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 40, Number 1, Spring 2007

Nebraska Transcript

Transcript, 'Dean Grether's Child; Designed to Keep Alumni Informed

Nebraska TRANSCRIPT: Looking Back Over 40 Years of Chronicling Law College's Distinguished History

lL: David Clausing, Class of 2008, Traverses Peaks & Cliffs of Law School's First Year; It's Like 'Juggling Fire'

Justice Ginsburg: 'Independent Judiciary Essential to Rule of Law'

Judge Tacha Reflects on Changes, Challenges Impacting Federal Courts

Pound Lecturer, Waldron, Addresses Trade-Offs Between Liberty, Security

The Great Commoner: Symposium Contemplates Controversial Modern Legacy of Nebraska Lawyer William Jennings Bryan

Congratulations Class of 2006!

Family Tradition Ceremony: Seven Graduates, Family Members Honored

Law Student Mabrey Works in India To …

Researching Crime, Justice, And Social Control In Ghana: Evolving Issues In A Developing African Country, Gordon A. Crews, Angela West Crews, Kofi Boye-Doe, Ken Aikins

Criminal Justice Faculty Research

The purpose of this presentation is to discuss a recent research project which seeks to offer an examination of the unique relationship between the traditional Ghanaian indigenous justice system and the established state-administered justice system. This is an overview of the interesting blend of indigenous practices (rooted in religious practices and strongly associated with spirituality and mysticism) and state (formal justice and governmental systems) in the Ghanaian justice system. In addition the topics of the treatment of women and children within these systems and the use of alternative dispute resolution, restorative justice, and conflict resolution strategies inherent within the two …

Mississippi River Stories: Lessons From A Century Of Unnatural Disasters, Sandi Zellmer, Christine Klein

Nebraska College of Law: Faculty Publications

In the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a “man-made” disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer

Nebraska College of Law: Faculty Publications

Hurricanes are a natural, predictable phenomenon, yet the Gulf Coast communities were devastated by the hurricanes of 2005. One year after Hurricane Katrina struck, the U.S. Army Corps of Engineers responded to a congressional request for an accounting by admitting culpability for the destruction of New Orleans. Its structural defenses failed not because Congress had authorized only moderate Category 3 protection, which in turn let floodwaters overtop the city's levees, but because levees and floodwalls simply collapsed. The so-called network of federal and local structures was a haphazard system in name only, where floodwalls and levees of varying heights utilized …