Law Commons^™

The Materialization Of Human Trafficking In The Middle East And Impediments To Its Eradication, Mindy Mann

Human Rights & Human Welfare

As a continental hub that connects Asia, Africa, and Europe, the Middle East offers a strategic location for the trafficking of persons from poor to richer states. Extreme poverty, coupled with the corporate and royal wealth of the Gulf States, creates a regional dichotomy in which Middle Eastern states serve as ‘source,’ ‘transit,’ and ‘destination’ countries for human trafficking. Discrepancies in defining human trafficking within the region, as well as the controversial and illicit nature of the practice, cause research to be sparse and with very few first-hand sources. Nevertheless, this paper examines available literature on the subject and addresses …

The Loss Of Egypt’S Children, Cindy Ragab

Human Rights & Human Welfare

Under the fierce rays of the desert sun, in the heat of the summer, young children are forced to remove pests from cotton crops for eleven hours per day, search for recyclable goods among animals and the pungent stench of city dumps, and are sold to elderly male tourists through temporary marriages by their parents. This is the hideous reality for millions of child laborers in Egypt. Child labor is a manifestation of the pains of extreme poverty on the world’s most vulnerable population. Childhood is lost. Children are forced to take on responsibilities that in normal circumstances push adults …

Income Inequality And Poverty In Iran, Katie Susman

Human Rights & Human Welfare

Income inequality is a hindrance to the global fulfillment of human rights, as acknowledged in the Universal Declaration of Human Rights. The Middle East North Africa (MENA) region is experiencing a steady increase of economic disparity. The impact of the global economic environment and the 2008 recession has brought to the forefront the region’s economic reliance on the rest of the world. As a result, a triple “food-fuel-financial” crisis has emerged. This will undoubtedly affect the most impoverished part of the population and could potentially exacerbate the gap between the poor and the rich.

Political Repression And Islam In Iran, Amy Kirk

Human Rights & Human Welfare

Signs with the slogan, ‘I am Neda’, flooded the streets of Tehran in the violent aftermath of the 2009 presidential elections and assassination of Neda Agha-Soltan. The internationally publicized video of Neda’s death became an iconic rallying point for the reformist opposition in Iran. Stringent clampdowns since the 1979 revolution have signified a sociopolitical change that has endured for three decades. President Khatami’s reform efforts of the late 1990s were stifled by Ahmadinejad’s election of 2005. Since Ahmadinejad’s appointment there has been little official tolerance for political and fundamental Islamic dissent, leading to serious human rights violations against the reformist …

Rights And Rebuilding In El Salvador: A Case Study In Two Parts, Elaine K. Denny, Susan Waltz

Human Rights & Human Welfare

In January 2007, on the 15th anniversary of the signing of the peace accords that ended 12 years of civil war and grave human rights violations in El Salvador, UN Secretary General Ban Ki-moon praised El Salvador as a model for other countries emerging from conflict: “The groundbreaking accords signed in Mexico City in January 1992 not only set El Salvador on a new course. They also provided precedents and experiences that continue to inspire others who are striving to rebuild their societies following conflict. And they continue to be a point of reference for the United Nations, as we …

Teaching Notes: Rights And Rebuilding In El Salvador, Elaine K. Denny, Susan Waltz

Human Rights & Human Welfare

We have prepared this two-part case study with two pedagogical purposes in mind: (1) To develop an understanding of the concept (and political meaning) of human rights. (2) To facilitate discussion about processes of reconciliation and reconstruction and the importance of holistic conceptions of rights and security for future stability.

© Elaine K. Denny & Susan Waltz. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. …

In Search Of An “Action Principle”, Patrick J. Glen

Human Rights & Human Welfare

In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” …

January Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“My compatriots' vote to ban minarets is fuelled by fear” by Tariq Ramadan. The Guardian. November 29, 2009.

Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill

Human Rights & Human Welfare

Tariq Ramadan views the recent referendum in Switzerland inserting a ban against the building of minarets into the Swiss Constitution, as a vote against Muslims not only in Switzerland, but across Europe. Those of a more tolerant sensibility will of course agree with Ramadan on this issue and will easily criticize the Swiss for “getting it wrong” by voting in favor of this constitutional amendment. There is no question that a constitutional vote on what is essentially an issue of local planning permission is, as Ramadan describes it, a silly initiative. However, this is also the nature of democracy as …

Of Minarets, Headscarves, And Cartoons, Kurt Mills

Human Rights & Human Welfare

It is difficult not to agree with Tariq Ramadan. The fear of and discrimination against Muslims in Western societies since 9/11 is clear and worrying. The anti-Muslim populism he cites is real, although it may also be part of a broader anti-immigrant populism. The posters he describes are extremely disturbing, and reminiscent of World War II propaganda. They are an artifact of fear of the misunderstood “other.”

Minarets Vote Compromises Human Rights For Everyone, Anna Talbot

Human Rights & Human Welfare

Minarets, like church steeples, are a physical manifestation of religion. There is little doubt, then, that their recent banning in Switzerland following a referendum constitutes a breach of the right to freedom of religion, with respect to the right to manifest ones religion. This right is protected under a number of instruments, including the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (ICCPR) (Article 18), and the European Convention on Human Rights (Article 9). Under these instruments, the right to manifest ones religion can only be limited if such a limitation is necessary …

Corporate Reform As A Credence Service, Omari Scott Simmons

Journal of Business & Technology Law

No abstract provided.

O2 Micro Int'l Ltd. V. Beyond Innovation Tech. Co.: Confirmation That Claim Construction Is The Duty Of The Court, Jessica L.A. Marks

Journal of Business & Technology Law

No abstract provided.

The Evolution Of The Italian And U.S. Bankruptcy Systems: A Comparative Analysis, Paolo Manganelli

Journal of Business & Technology Law

No abstract provided.

Rethinking Professional Fees In Chapter 11 Cases, Nancy B. Rapoport

Journal of Business & Technology Law

No abstract provided.

Don't Do It Alone: A Community-Based, Collaborative Approach To Pro Bono, Laurie Barron, Suzanne Harrington-Steppen, Elizabeth Tobin Tyler, Eliza Vorenberg

Pro Bono Collaborative Staff Publications

No abstract provided.

The Autobiography Of An Execution By David Dow, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.

Computer Forensic Functions Testing: Media Preparation, Write Protection And Verification, Yinghua Guo, Jill Slay

Journal of Digital Forensics, Security and Law

The growth in the computer forensic field has created a demand for new software (or increased functionality to existing software) and a means to verify that this software is truly forensic i.e. capable of meeting the requirements of the trier of fact. In this work, we review our previous work---a function oriented testing framework for validation and verification of computer forensic tools. This framework consists of three parts: function mapping, requirements specification and reference set development. Through function mapping, we give a scientific and systemized description of the fundamentals of computer forensic discipline, i.e. what functions are needed in the …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Clustering Spam Domains And Destination Websites: Digital Forensics With Data Mining, Chun Wei, Alan Sprague, Gary Warner, Anthony Skjellum

Journal of Digital Forensics, Security and Law

Spam related cyber crimes have become a serious threat to society. Current spam research mainly aims to detect spam more effectively. We believe the identification and disruption of the supporting infrastructure used by spammers is a more effective way of stopping spam than filtering. The termination of spam hosts will greatly reduce the profit a spammer can generate and thwart his ability to send more spam. This research proposes an algorithm for clustering spam domains extracted from spam emails based on the hosting IP addresses and tracing the IP addresses over a period of time. The results show that many …

Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli

Journal of Digital Forensics, Security and Law

30 years ago PABX systems were compromised by hackers wanting to make long distance calls at some other entities expense. This activity faded as telephony became cheaper and PABX systems had countermeasures installed to overcome attacks. Now the world has moved onto the provision of telephony via broadband enabled Voice over Internet Protocol (VoIP) with this service now being provided as a replacement for conventional fixed wire telephony by major telecommunication providers worldwide. Due to increasing bandwidth it is possible for systems to support multiple voice connections simultaneously. The networked nature of the Internet allows for attackers of these VoIP …

Adaptation Of Pyflag To Efficient Analysis Of Seized Computer Data Storage, Aleksander Byrski, Wojciech Stryjewski, Bartłomiej Czechowicz

Journal of Digital Forensics, Security and Law

Based on existing software aimed at investigation support in the analysis of computer data storage seized during investigation (PyFlag), an extension is proposed involving the introduction of dedicated components for data identification and filtering. Hash codes for popular software contained in NIST/NSRL database are considered in order to avoid unwanted files while searching and to classify them into several categories. The extension allows for further analysis, e.g. using artificial intelligence methods. The considerations are illustrated by the overview of the system's design.

Avoiding Sanctions At The E-Discovery Meet-And-Confer In Common Law Countries, Milton Luoma, Vicki Luoma

Journal of Digital Forensics, Security and Law

The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers involved. …

Malware Forensics: Discovery Of The Intent Of Deception, Murray Brand, Craig Valli, Andrew Woodward

Journal of Digital Forensics, Security and Law

Malicious software (malware) has a wide variety of analysis avoidance techniques that it can employ to hinder forensic analysis. Although legitimate software can incorporate the same analysis avoidance techniques to provide a measure of protection against reverse engineering and to protect intellectual property, malware invariably makes much greater use of such techniques to make detailed analysis labour intensive and very time consuming. Analysis avoidance techniques are so heavily used by malware that the detection of the use of analysis avoidance techniques could be a very good indicator of the presence of malicious intent. However, there is a tendency for analysis …

Digital Records Forensics: A New Science And Academic Program For Forensic Readiness, Luciana Duranti, Barbara Endicott-Popovsky

Journal of Digital Forensics, Security and Law

This paper introduces the Digital Records Forensics project, a research endeavour located at the University of British Columbia in Canada and aimed at the development of a new science resulting from the integration of digital forensics with diplomatics, archival science, information science and the law of evidence, and of an interdisciplinary graduate degree program, called Digital Records Forensics Studies, directed to professionals working for law enforcement agencies, legal firms, courts, and all kind of institutions and business that require their services. The program anticipates the need for organizations to become “forensically ready,” defined by John Tan as “maximizing the ability …

Solid State Drives: The Beginning Of The End For Current Practice In Digital Forensic Recovery?, Graeme B. Bell, Richard Boddington

Journal of Digital Forensics, Security and Law

Digital evidence is increasingly relied upon in computer forensic examinations and legal proceedings in the modern courtroom. The primary storage technology used for digital information has remained constant over the last two decades, in the form of the magnetic disc. Consequently, investigative, forensic, and judicial procedures are well-established for magnetic disc storage devices (Carrier, 2005). However, a paradigm shift has taken place in technology storage and complex, transistor-based devices for primary storage are now increasingly common. Most people are aware of the transition from portable magnetic floppy discs to portable USB transistor flash devices, yet the transition from magnetic hard …

Book Review: Digital Forensic Evidence Examination (2nd Ed.), Gary C. Kessler

Journal of Digital Forensics, Security and Law

On the day that I sat down to start to write this review, the following e-mail came across on one of my lists: Person A and Person B write back and forth and create an email thread. Person A then forwards the email to Person C, but changes some wording in the email exchange between A & B. What is the easiest way (and is it even possible) to find out when that earlier email message was altered before sent to Person C? Before you try to answer these questions, read Fred Cohen's Digital Forensic Evidence Examination. His book won't …

Identifying A Computer Forensics Expert: A Study To Measure The Characteristics Of Forensic Computer Examiners, Gregory H. Carlton, Reginald Worthley

Journal of Digital Forensics, Security and Law

The usage of digital evidence from electronic devices has been rapidly expanding within litigation, and along with this increased usage, the reliance upon forensic computer examiners to acquire, analyze, and report upon this evidence is also rapidly growing. This growing demand for forensic computer examiners raises questions concerning the selection of individuals qualified to perform this work. While courts have mechanisms for qualifying witnesses that provide testimony based on scientific data, such as digital data, the qualifying criteria covers a wide variety of characteristics including, education, experience, training, professional certifications, or other special skills. In this study, we compare task …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.