Law Commons^™

Designing The Architecture For Integrating Accommodation: An Institutionalist Commentary, Susan P. Sturm

Faculty Scholarship

Integrating Accommodation, by Elizabeth F. Emens, reshapes the framework for evaluating workplace accommodations to assure consideration of their third-party benefits. In an ingenious move, the article extends the contact hypothesis, which conventionally emphasizes the attitudinal benefits of integrating diverse groups, to the impact of integrating the accommodations made so that disabled people can effectively participate in the workplace. The article shows how accommodations benefit third parties by improving their workplace conditions and thus have the potential to change attitudes toward disability, accommodation, and the Americans with Disabilities Act (ADA).

The Melting Of Patent Law, Eben Moglen

Faculty Scholarship

In this special comment, the author posits that the patent system as it stands is archaic and oppressive, and has neither intellectual nor moral support. Having veered away from its original goals, by virtue of the change in the technological and functional basis of government, it instead serves as a justification for inequalities of wealth distribution. The author argues that substantial reform is required that would shift the balance in patent law from monopolistic greed to public interest, paving the way for access to knowledge.

The Virtues Of Medicare, Jill R. Horwitz

Reviews

Most of us look forward to a heaven where people don't get sick. But if they do, health care would be traded among fully informed patients and providers in perfectly competitive and frictionless markets. In that perfect world, sick citizens simply shop for doctors the way they shop for other consumer goods. The better doctors, like the most elegant hotel rooms and fanciest cars, would cost more than inferior doctors. Patients would consult their utility meters and, with appropriate attention to discounting over an infinite lifetime, choose accordingly. After each treatment, the patients would know the quality of their outcome …

Rethinking The American Dream, Tamar Frankel

Shorter Faculty Works

Lurking in the background of the sub-prime crisis is the question: What sustains the American Dream of owning a home? Is ownership of a home the best way to live? How much does home-ownership really cost the taxpayers? And behind this question rises the unthinkable question: Is home ownership for the American middle and upper class obsolete? Should the American Dream be to "rent a home" rather than "buy a home"?

Can Glucksberg Survive Lawrence? Another Look At The End Of Life And Personal Autonomy, Yale Kamisar

Articles

In Washington v. Glucksberg, the Court declined to find a right to physician-assisted suicide ("PAS") in the Constitution. Not a single Justice dissented. One would expect such a ruling to be quite secure. But Lawrence v. Texas, holding that a state cannot make consensual homosexual conduct a crime, is not easy to reconcile with Glucksberg. Lawrence certainly takes a much more expansive view of substantive due process than did Glucksberg. It is conceivable that the five Justices who made up the Lawrence majority-all of whom still sit on the Court-might overrule Glucksberg. For various reasons, …

The 2007 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland

Journal of Digital Forensics, Security and Law

All organisations, whether in the public or private sector, increasingly use computers and other devices that contain computer hard disks for the storage and processing of information relating to their business, their employees or their customers. Individual home users also increasingly use computers and other devices containing computer hard disks for the storage and processing of information relating to their private, personal affairs. It continues to be clear that the majority of organisations and individual home users still remain ignorant or misinformed of the volume and type of information that is stored on the hard disks that these devices contain …

Who Is Reading The Data On Your Old Computer?, Vivienne Mee

Journal of Digital Forensics, Security and Law

Researchers at Rits Information Security performed a study in how the Irish population disposes of their old computers. How would you dispose of your old computer, or how would the company you work for dispose of their old computers?

The majority of Irish homeowners, would bring their old computers to local civic amenity centres, give it away to a relative or sell it on to another party.

Some organisations would give their old equipment to a staff member, as a gift gesture, others may simply discard in the local civic amenity site.

What is wrong with the methods currently being …

Developing A Process Model For The Forensic Extraction Of Information From Desktop Search, Timothy Pavlic, Jill Slay, Benjamin Turnbull

Journal of Digital Forensics, Security and Law

Desktop search applications can contain cached copies of files that were deleted from the file system. Forensic investigators see this as a potential source of evidence, as documents deleted by suspects may still exist in the cache. Whilst there have been attempts at recovering data collected by desktop search applications, there is no methodology governing the process, nor discussion on the most appropriate means to do so. This article seeks to address this issue by developing a process model that can be applied when developing an information extraction application for desktop search applications, discussing preferred methods and the limitations of …

Book Review: Challenges To Digital Forensic Evidence, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This issue presents the fifth Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler ([email protected]) or Glenn S. Dardick ([email protected]).

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Trends In Virtualized User Environments, Diane Barrett

Journal of Digital Forensics, Security and Law

Virtualized environments can make forensics investigation more difficult. Technological advances in virtualization tools essentially make removable media a PC that can be carried around in a pocket or around a neck. Running operating systems and applications this way leaves very little trace on the host system. This paper will explore all the newest methods for virtualized environments and the implications they have on the world of forensics. It will begin by describing and differentiating between software and hardware virtualization. It will then move on to explain the various methods used for server and desktop virtualization. Next, it will explain how …

Data Mining Techniques In Fraud Detection, Rekha Bhowmik

Journal of Digital Forensics, Security and Law

The paper presents application of data mining techniques to fraud analysis. We present some classification and prediction data mining techniques which we consider important to handle fraud detection. There exist a number of data mining algorithms and we present statistics-based algorithm, decision treebased algorithm and rule-based algorithm. We present Bayesian classification model to detect fraud in automobile insurance. Naïve Bayesian visualization is selected to analyze and interpret the classifier predictions. We illustrate how ROC curves can be deployed for model assessment in order to provide a more intuitive analysis of the models.

Analysis Of Information Remaining On Hand Held Devices Offered For Sale On The Second Hand, Andy Jones, Craig Valli, Iain Sutherland

Journal of Digital Forensics, Security and Law

The ownership and use of mobile phones, Personal Digital Assistants and other hand held devices is now ubiquitous both for home and business use. The majority of these devices have a high initial cost, a relatively short period before they become obsolescent and a relatively low second hand value. As a result of this, when the devices are replaced, there are indications that they tend to be discarded. As technology has continued to develop, it has led to an increasing diversity in the number and type of devices that are available, and the processing power and the storage capacity of …

Steganography: Forensic, Security, And Legal Issues, Merrill Warkentin, Ernst Bekkering, Mark B. Schmidt

Journal of Digital Forensics, Security and Law

Steganography has long been regarded as a tool used for illicit and destructive purposes such as crime and warfare. Currently, digital tools are widely available to ordinary computer users also. Steganography software allows both illicit and legitimate users to hide messages so that they will not be detected in transit. This article provides a brief history of steganography, discusses the current status in the computer age, and relates this to forensic, security, and legal issues. The paper concludes with recommendations for digital forensics investigators, IT staff, individual users, and other stakeholders.

Book Review: The Dotcrime Manifesto: How To Stop Internet Crime, Gary C. Kessler

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Remote Forensics May Bring The Next Sea Change In E-Discovery: Are All Networked Computers Now Readily Accessible Under The Revised Federal Rules Of Civil Procedure?, Joseph J. Schwerha, Scott Inch

Journal of Digital Forensics, Security and Law

The recent amendments to Rule 26 of the Federal Rules of Civil Procedure created a two-tiered approach to discovery of electronically stored information (“ESI”). Responding parties must produce ESI that is relevant, not subject to privilege, and reasonably accessible. However, because some methods of storing ESI, such as on magnetic backup tapes and within enormous databases, require substantial cost to access and search their contents, the rules permit parties to designate those repositories as “not reasonably accessible” because of undue burden or cost. But even despite the difficulty in searching for ESI, the party’s duty to preserve potentially responsive evidence …

The Forensics Aspects Of Event Data Recorders, Jeremy S. Daily, Nathan Singleton, Elizabeth Downing, Gavin W. Manes

Journal of Digital Forensics, Security and Law

The proper generation and preservation of digital data from Event Data Recorders (EDRs) can provide invaluable evidence to automobile crash reconstruction investigations. However, data collected from the EDR can be difficult to use and authenticate, complicating the presentation of such information as evidence in legal proceedings. Indeed, current techniques for removing and preserving such data do not meet the court’s standards for electronic evidence. Experimentation with an EDR unit from a 2001 GMC Sierra pickup truck highlighted particular issues with repeatability of results. Fortunately, advances in the digital forensics field and memory technology can be applied to EDR analysis in …

An Evaluation Of Windows-Based Computer Forensics Application Software Running On A Macintosh, Gregory H. Carlton

Journal of Digital Forensics, Security and Law

The two most common computer forensics applications perform exclusively on Microsoft Windows Operating Systems, yet contemporary computer forensics examinations frequently encounter one or more of the three most common operating system environments, namely Windows, OS-X, or some form of UNIX or Linux. Additionally, government and private computer forensics laboratories frequently encounter budget constraints that limit their access to computer hardware. Currently, Macintosh computer systems are marketed with the ability to accommodate these three common operating system environments, including Windows XP in native and virtual environments. We performed a series of experiments to measure the functionality and performance of the two …

To License Or Not To License: An Examination Of State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Doug White, Alan Rea

Journal of Digital Forensics, Security and Law

In this paper the authors examine statutes that regulate, license, and enforce investigative functions in each US state. After identification and review of Private Investigator licensing requirements, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. After contacting all state agencies the authors present a distinct grouping organizing state approaches to professional Digital Examiner licensing. The authors conclude that states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.

Book Review: Guide To Computer Forensics And Investigations (3rd Ed.), Keyu Jiang, Ruifeng Xuan

Journal of Digital Forensics, Security and Law

No abstract provided.

Data Security Measures In The It Service Industry: A Balance Between Knowledge & Action, N. Mlitwa, Y. Kachala

Journal of Digital Forensics, Security and Law

That “knowledge is power” is fast becoming a cliché within the intelligentsia. Such power however, depends largely on how knowledge itself is exchanged and used, which says a lot about the tools of its transmission, exchange, and storage. Information and communication technology (ICT) plays a significant role in this respect. As a networked tool, it enables efficient exchanges of video, audio and text data beyond geographical and time constraints. Since this data is exchanged over the worldwide web (www), it can be accessible by anyone in the world using the internet. The risk of unauthorised access, interception, modification, or even …

Extraction And Categorisation Of User Activity From Windows Restore Points, Damir Kahvedžić, Tahar Kechadi

Journal of Digital Forensics, Security and Law

The extraction of the user activity is one of the main goals in the analysis of digital evidence. In this paper we present a methodology for extracting this activity by comparing multiple Restore Points found in the Windows XP operating system. The registry copies represent a snapshot of the state of the system at a certain point in time. Differences between them can reveal user activity from one instant to another. The algorithms for comparing the hives and interpreting the results are of high complexity. We develop an approach that takes into account the nature of the investigation and the …

Data Recovery From Palmmsgv001, Satheesaan Pasupatheeswaran

Journal of Digital Forensics, Security and Law

Both SMS and MMS data analysis is an important factor in mobile forensic analysis. Author did not find any mobile forensic tool that is capable of extracting short messages (SMS) and multimedia messages (MMS) from Palm Treo 750. SMS file of Palm Treo 750 is called PalmMgeV001 and it is a proprietary file system. A research work done to find a method to recover SMS data from PalmMsgV001 file. This paper is going to describe the research work and its findings. This paper also discusses a methodology that will help recover SMS data from PalmMsgV001. The PalmMsgV001 file is analysed …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Encouraging Physician-Attorney Collaboration Through More Explicit Professional Standards, Linda Morton, Howard Taras, Vivian Reznik

Faculty Scholarship

In this age of multi-layered global problem solving, the skill of working with other disciplines is a necessary tool for any professional. Societal ills can no longer be solved by narrow approaches learned in graduate training but call for interdisciplinary collaboration. Effective collaboration of this nature requires the professions to understand the differences in professional cultures and to bridge the communication gap caused by these differences.

Legal and medical training offer useful, but often conflicting, approaches to problem solving, thus, potentially impeding our abilities to understand and communicate with others regarding a shared issue or problem.

Though each profession has …

Internet Challenges To Business Innovation, Nancy Kim

Faculty Scholarship

No abstract provided.

Law Students Who Learn Differently: A Narrative Case Study Of Three Law Students With Attention Deficit Disorder (Add) , Leah M. Christensen

Journal of Law and Health

More law students than ever before begin law school having been diagnosed with a learning disability. As legal educators, do we have an obligation to expand our teaching methodologies beyond the typical law student? What teaching methodologies work most effectively for law students with learning disabilities? The purpose of this study was to examine the perceptions of law students with Attention Deficit Disorder (ADD) about their law school experience. The case study yielded four themes relating to the social, learning and achievement domains of the students.First, law students with ADD experienced feelings of isolation in law school; second, the more …

Today's Predatory Lending Tactics Require New Strategies - And New Laws: How A Case From Chicago Helped Change Illinois Law, Daniel P. Lindsey, Lea A. Weems

Public Interest Law Reporter

No abstract provided.

Legislating Affordable Housing In Chicago's Private Real Estate Market, Monica Carranza

Public Interest Law Reporter

No abstract provided.