Law Commons^™

Analysis Of The ‘Db’ Windows Registry Data Structure, Damir Kahvedžić, Tahar Kechadi

Annual ADFSL Conference on Digital Forensics, Security and Law

The Windows Registry stores a wide variety of data representing a host of different user properties, settings and program information. The data structures used by the registry are designed to be adaptable to store these differences in a simple format. In this paper we will highlight the existence of a rare data structure that is used to store a large amount of data within the registry hives. We analyse the manner in which this data structure stores its data and the implications that it may have on evidence retrieval and digital investigation. In particular, we reveal that the three of …

May 21, 2009: Tom Krattenmaker On The Rights Of Religious Students At High School Graduations, Bruce Ledewitz

Hallowed Secularism

Blog post, “Tom Krattenmaker on the Rights of Religious Students at High School Graduations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe

Nevada Supreme Court Summaries

The Court took this opportunity to align Nevada’s standard for emergency home entries with the recent Supreme Court opinion in Brigham City v. Stuart.2 The Supreme Court held in that case that for a warrantless entry to be lawful there must be an objectively reasonable basis to believe that a party inside is in danger.3 Accepting this standard eliminates Nevada’s previous test, which allowed courts to look at the law enforcement agent’s lack of intent to arrest or search.

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

Annual ADFSL Conference on 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 …

Visualization Of Honeypot Data Using Graphviz And Afterglow, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

This research in progress paper explores the use of Graphviz and Afterglow for the analysis of data emanating from a honeypot system. Honeypot systems gather a wide range of data that is often difficult to readily search for patterns and trends using conventional log file analysis techniques. The data from the honeypots has been statically extracted and processed through Afterglow scripts to produce inputs suitable for use by the DOT graph based tools contained within Graphviz. This paper explores some of the benefits and drawbacks of currently using this type of approach.

Keywords: honeypot, network forensics, visualization, Graphviz, Afterglow

London As Delaware?, Adam C. Pritchard

Law & Economics Working Papers Archive: 2003-2009

Regulatory competition has long driven the path of corporate law in the federal system of the United States. Now, jurisdictional competition has spread to exchange listings. New York took an early lead in that competition in the 1990s, but has now been overtaken by London. Can London prevail in the competition for stock listings in the long term? This essay explores that question through the insights offered by Delaware’s dominance in the market for corporate listings. Delaware has prevailed by offering corporate directors a predictable body of that credibly shields directors from the vagaries of political backlash in times of …

Dirty Business: Legal Prophylaxis For Nosocomial Infections, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

May 19, 2009: For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “For the Establishment of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Environmental Law As A Legal Field: An Inquiry In Legal Taxonomy, Todd S. Aagaard

Working Paper Series

This Article examines the classification of the law into legal fields, first generally and then by specific examination of the field of environmental law. We classify the law into fields to find and to create patterns, which render the law coherent and understandable. A legal field is a group of situations unified by a pattern or set of patterns that is both common and distinctive to the field. We can conceptualize a legal field as the interaction of four underlying constitutive dimensions of the field: (1) a factual context that gives rise to (2) certain policy tradeoffs, which are in …

Abortion Across State Lines, Joseph W. Dellapenna

Working Paper Series

In this Article, I propose to analyze conflicts of law precedents and theory to explore the extent to which a state can apply its law on abortion to abortions performed outside the state but bearing a significant connection to the state. In attempting to resolve such questions, we enter into the domain of choice of law, part of the field of conflicts of law. This domain is notoriously unstable and contested. This instability allows legal commentators to project their attitudes towards abortion (and many other matters) in analyzing and construing the relevant authorities to resolve choice of law issues. I …

Arsenic And Old Chemistry: Images Of Mad Alchemists, Experts Attacking Experts, And The Crisis In Forensic Science, David S. Caudill

Working Paper Series

Drawing on research into the use of experts in early 19th-century criminal trials, the image of mad alchemists in popular culture representations of science, and the distinction between empirical and contingent “interpretive repertoires” in the discourse of scientific controversies, this article explores the controversy over arsenic-detection technologies prior to the Marsh test. In addition to noting the predictable criticism of incompetent expertise in the service of law, this article highlights implied accusations of hubris and amorality on the part of over-confident experts, both in the early 19th-century and in today's crisis of forensic science.

Strategic Idealizations Of Science To Oppose Environmenal Regulation: A Case Study Of Five Tmdl Controversies, David S. Caudill, Donald E. Curley

Working Paper Series

Proponents of environmental regulation have catalogued various strategies used by takeholders to delay or weaken regulatory efforts, including (1) manufacturing or magnifying uncertainty; (2) demanding “sound science” (and thereby imposing unreasonable standards of evidence); and (3) data quality initiatives that permit deconstruction of credible studies by highlighting inevitable assumptions, funding sources, and areas for further research. Such strategies can be termed “idealizations” of science insofar as they rely on an unrealistic image of good science as somehow capable of avoiding tentative conclusions, institutional interests, consensual assumptions, and the need for further research.

The question remains, however, when does an argument …

Of Myths And Evidence: An Analysis Of 40 U.S. Cases For Countries Considering A Private Right Of Action For Competition Law Violations, Robert H. Lande, Joshua P. Davis

All Faculty Scholarship

This article assesses some of the benefits of private enforcement of the United States antitrust laws by analyzing forty large recent, successful private cases. It should help in assessing the desirability and efficacy of private enforcement - information that may prove useful to jurisdictions contemplating a private right of action for competition cases.

May 17, 2009: Confusion Over America’S Spiritual Heritage, Bruce Ledewitz

Hallowed Secularism

Blog post, “Confusion Over America’s Spiritual Heritage“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

University Of Notre Dame Law School Graduation Prayer Service 2009, Notre Dame Law School, University Of Notre Dame

Commencement Programs

No abstract provided.

164th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

164th Commencement and Mass Program

Saturday, May 16, 2009

Class Of 2009 Commencement, Lisa Godbey Wood

Graduation Addresses

Judge Lisa Godbey Wood of the U.S. District Court for the Southern District of Georgia will deliver the keynote address at the University of Georgia School of Law's commencement ceremony on May 16. Wood served as a judicial clerk for Judge Anthony A. Alaimo of the U.S. District Court for the Southern District of Georgia before joining the Brunswick law firm Gilbert, Harrell, Sumerford & Martin in 1991. She became a partner in the firm during 1995. Nine years later, she was appointed as the U.S. Attorney for the Southern District of Georgia. Then, in 2007, she was appointed to …

May 15, 2009: Was Darwin A Darwinist?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Was Darwin a Darwinist?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Cityland – Vol. 6, No. 4, Center For New York City Law

CityLand - 2009

The May 2009 issue of CityLand highlights significant land use and legal developments in New York City. The City Council approved revisions to waterfront access regulations and adopted new bicycle parking requirements for a wide range of developments. The North Flushing rezoning and the creation of the R1-2A contextual zoning district were approved to curb out-of-scale development, while the Cord Meyer rezoning was proposed to preserve neighborhood character. BSA decisions included a variance for affordable housing in Crotona Park East and vested rights approval for a transient hotel in Laurelton. Landmark coverage featured a controversial legalization request for an illegal …

Commencement Address, Cuny School Of Law, Margaret E. Montoya

Faculty Scholarship

Who we are, how we see ourselves, how we want to be seen, what we value, how our memories connect us to specific histories in specific places — we communicate this information best through narratives. In Spanish we sometimes call such stories cuentos — an accounting. I encourage all of you to take time over the next few days to celebrate your graduation, this singular accomplishment of your lives, by accounting — by telling stories to those who have helped you, held you up, fed you, wiped your tears, paid your bills. Share your recollections.

Goss V. Bird, Et. Al., 2008-Ca-129 2 (Blkft. Tr. Ct. App., May 14, 2009), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court declined to proceed with an appeal until the lower court holds a hearing to determine Defendants self-insurance claim in a Motion for Summary Judgement. The Court noted that the lower court failed to address the issue of self-insurance and remanded the case back to the lower court to make that determination, prior to accepting the case in an appellate court.

Israel's Transboundary Water Disputes, Philip A. Baumgarten

Elisabeth Haub School of Law Student Publications

As water is necessary to the function of life, it is imperative to understand the role of water in the politically turbulent Middle East. This paper will focus on Israel’s water disputes with her neighbors and how such disputes have either led to military confrontation, have been partially resolved, and otherwise continue to exist. As populations in the region are expected to increase, the need for water, already in short supply, will be magnified. Thus negotiations to settle water disputes and provide for equitable distribution of the water resources will become more contentious. This legal analysis of Israel’s water disputes …

Public Policy Platform On Flexible Work Arrangements

Published Reports

On May 13, 2009, Workplace Flexibility 2010 released a comprehensive set of policy solutions to expand Americans’ access to flexible work arrangements such as compressed workweeks, predictable schedules, and telecommuting.

Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis - in a manner that is as manageable and predictable as possible for both employees and employers. FWAs provide:

• Flexibility in the scheduling of hours worked, such as alternative work schedules (e.g., non-traditional start and end times, flex time, or compressed workweeks) and arrangements regarding overtime, predictable scheduling, and shift and break schedules; …

What Went Wrong: Torture And The Office Of Legal Counsel In The Bush Administration: Hearing Before The Subcomm. On Administrative Oversight And The Courts Of The S. Comm. On The Judiciary, 111th Cong., May 13, 2009 (Statement Of David Luban, Prof. Of Law, Geo. U. L. Center), David Luban

Testimony Before Congress

The mission of the Office of Legal Counsel is to give the President advice to guide him in fulfilling an awesome constitutional obligation: to take care that the laws are faithfully executed. Faithful execution means interpreting the law without stretching it and without looking for loopholes. OLC's job is not to rubber-stamp administration policies, and it is not to provide legal cover for illegal actions.

Unfortunately, the interrogation memos fall far short of professional standards of candid advice and independent judgment. They involve a selective and in places deeply eccentric reading of the law. The memos cherry-pick sources of law …

Seventy-Eight Percent Of Working Rural Families To Receive Full Making Work Pay Tax Credit, Marybeth J. Mattingly

Carsey Publications

The Making Work Pay Tax Credit provides eligible U.S. workers with additional money in each paycheck throughout the year. The fact sheet shows that 78 percent of rural working families will receive the full amount of the credit, while an additional 10 percent of families will receive a partial credit due to low earnings or high earnings. These tax credits, along with the expansion to the Child Tax Credit, are an important financial boost to families in rural America, particularly low-income working families.

Flexible Work Arrangements (Fwas): Possible Public Policy Approaches, Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

There is a range of ways in which public policy can help workplace flexibility become a norm in the American workplace. Indeed, the various bills introduced in the 110th Congress to increase access to FWAs, one component of workplace flexibility, represent a wide range of public policy approaches.

This document categorizes and characterizes these public policy approaches to help clarify the options that might be pursued to increase access to FWAs.

Medical Device Safety Act Of 2009: Hearing Before The Subcomm. On Health Of The H. Comm. On Energy And Commerce, 111th Cong., May 12, 2009 (Statement Of David C. Vladeck, Prof. Of Law, Geo. U. L. Center), David C. Vladeck

Testimony Before Congress

I start with a brief history of the Medical Device Amendments of 1976 and explain why that history demonstrates that Congress quite clearly intended to preserve state liability law, not wipe it away. I will then turn to the Court's ruling in Riegel and address why the Court's wooden, textual approach to the Amendments -- which ignores their purpose -- led the Court to conclude, wrongly, that Congress intended the Amendments to preempt state liability claims for devices approved by FDA under the pre-market approval process. Next, I discuss the impact Riegel has had in the courts, resulting in the …

A Summary Of Data From Families And Work Institute’S National Study Of Employers (2008), Workplace Flexibility 2010, Georgetown University Law Center

Memos and Fact Sheets

This memo presents data from the Families and Work Institute’s 2008 National Study of Employers describing the similarities in access to flexible work arrangements (“FWAs”) for employees of small and large employers. The 2008 National Study of Employers (“2008 Study”) provides a comparison of the availability of 12 types of FWAs to employees of small (50-99 employees) and large (over 1,000 employees) employers.

The Demise Of The Voting Rights Act?: A Preview Of Northwest Austin Municipal District Number One V. Holder, Christopher F. Moriarty

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

May 11, 2009: How Religion Dies And Secularism Takes Hold, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Religion Dies and Secularism Takes Hold“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.