Law Commons^™

Extraction Of Electronic Evidence From Voip: Identification & Analysis Of Digital Speech, David Irwin, Arek Dadej, Jill Slay

Journal of Digital Forensics, Security and Law

The Voice over Internet Protocol (VoIP) is increasing in popularity as a cost effective and efficient means of making telephone calls via the Internet. However, VoIP may also be an attractive method of communication to criminals as their true identity may be hidden and voice and video communications are encrypted as they are deployed across the Internet. This produces a new set of challenges for forensic analysts compared with traditional wire-tapping of the Public Switched Telephone Network (PSTN) infrastructure, which is not applicable to VoIP. Therefore, other methods of recovering electronic evidence from VoIP are required. This research investigates the …

Book Review: Dispute Resolution And E-Discovery, Milton Luoma

Journal of Digital Forensics, Security and Law

As is apparent from its title, this book tackles two very current and difficult legal issues – electronic discovery and dispute resolution. The authors tie the two legal concepts together in an effort to provide litigants and practitioners a less expensive and less time consuming alternative than is typically the case with traditional litigation and court proceedings. By including electronic discovery in the discussions, the authors recognize the importance and significance of electronic discovery in mediation and arbitration as it is in traditional litigation.

On The Development Of A Digital Forensics Curriculum, Manghui Tu, Dianxiang Xu, Samsuddin Wira, Cristian Balan, Kyle Cronin

Journal of Digital Forensics, Security and Law

Computer Crime and computer related incidents continue their prevalence and frequency, resulting in losses approaching billions of dollars. To fight against these crimes and frauds, it is urgent to develop digital forensics education programs to train a suitable workforce that can effectively investigate computer crimes and incidents. There is presently no standard to guide the design of digital forensics curriculum for an academic program. In this research, previous work on digital forensics curriculum design and existing education programs are thoroughly investigated. Both digital forensics educators and practitioners were surveyed and results were analyzed to determine the industry and law enforcement …

The Science Of Digital Forensics: Recovery Of Data From Overwritten Areas Of Magnetic Media, Fred Cohen

Journal of Digital Forensics, Security and Law

The first time I encountered data loss and recovery effects of magnetic memory was as a night and weekend computer operator for the computer science department of Carnegie-Mellon University in the 1973-1974 time frame. Part of my job involved dealing directly with outages and failures associated with magnetic memory components used in what, at the time, were large computer systems. On occasions, portions of magnetic core memory or disk drives would encounter various failure modes and the systems using these devices would have to be reconfigured to operate without the failed components until repair personnel could come in to repair …

Automatic Crash Recovery: Internet Explorer's Black Box, John Moran, Douglas Orr

Journal of Digital Forensics, Security and Law

A good portion of today's investigations include, at least in part, an examination of the user's web history. Although it has lost ground over the past several years, Microsoft's Internet Explorer still accounts for a large portion of the web browser market share. Most users are now aware that Internet Explorer will save browsing history, user names, passwords and form history. Consequently some users seek to eliminate these artifacts, leaving behind less evidence for examiners to discover during investigations. However, most users, and probably a good portion of examiners are unaware Automatic Crash Recovery can leave a gold mine of …

Book Review: The Software Ip Detective's Handbook: Measurement, Comparison, And Infringement Detections, Diane Barrett

Journal of Digital Forensics, Security and Law

Do not the book title fool you into thinking that the book is only for those looking to detect software infringement detection. It is a comprehensive look at software intellectual property. The book covers a wide range of topics and has something to offer for just about everyone from lawyers to programmers.

“Preemptive Suppression” – Judges Claim The Right To Find Digital Evidence Inadmissible Before It Is Even Discovered, Bob Simpson

Journal of Digital Forensics, Security and Law

Vermont state prosecutors have asked the Vermont Supreme Court to end a state trial judge’s practice of attaching conditions to computer warrants. The Vermont judge’s conditions are drawn from five conditions established in the 2009 decision of the 9th Circuit Court of Appeals in the Comprehensive Drug Testing, Inc. case (CDT II). This is the first time the validity of the “CDT conditions” will be decided by a state court of final jurisdiction in the United States

Antisemitism In The Academic Voice: Confronting Bigotry Under The First Amendment, Kenneth Lasson

All Faculty Scholarship

The romanticized vision of life in the Ivory Tower - a peaceful haven where learned professors ponder higher thoughts and where students roam orderly quadrangles in quest of truth and other pleasures - has long been relegated to yesteryear. While universities like to nurture the perception that they are protectors of reasoned discourse, and indeed often perceive themselves as sacrosanct places of culture in a chaotic world, the modern campus, of course, is not quite so wonderful.

This chapter examines the relationship between antisemitic and anti-Zionist speech and conduct, how they both play out on contemporary university campuses - and …

What Useful Role (If Any) Could Legal Positivism Play In The Study Or Advancement Of International Law?, Mortimer N.S. Sellers

All Faculty Scholarship

What useful role (if any) could legal positivism play in the study or advancement of international law? For most of those who remember this once fashionable term at all, "international legal positivism" is redolent of the early years of the twentieth century-of Lassa Oppenheim' at best, and at worst of his model, John Austin, who famously denied that international law is or ever could be genuine law at all, "properly so called." 2 "Positive" law in its central and most usual sense is law "set by a sovereign individual or a sovereign body ... to a person or persons in …

Sex On The Bench: Do Women Judges Matter To The Legitimacy Of International Courts?, Nienke Grossman

All Faculty Scholarship

This article seeks to advance our understanding of international courts' legitimacy and its relationship to who sits on the bench. It asks whether we should care that few women sit on international court benches. After providing statistics on women's participation on eleven of the world's most important courts and tribunals, the article argues that under-representation of one sex affects normative legitimacy because it endangers impartiality and introduces bias when men and women approach judging differently. Even if men and women do not think differently, a sex un-representative bench harms sociological legitimacy for constituencies who believe they do nonetheless. For groups …

Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher

All Faculty Scholarship

In the dialogues regarding reducing poverty among women, especially mothers, the inextricably linked issues surrounding low-income men must be simultaneously considered. In social policy addressing women’s poverty, poor fathers have too often been considered primarily as an enemy to be pursued rather than a fellow victim of poverty’s wrath, and potential partner towards the cure. We want someone to blame, and many assume that poor single mothers are best served by always being encouraged — and even forced — to pursue the noncustodial fathers for financial support through adversarial means. Mothers applying for public assistance are forced to sue the …

Beyond Saints And Sinners: Discretion And The Need For New Narratives In The U.S. Immigration System, Elizabeth Keyes

All Faculty Scholarship

Beyond Saints and Sinners examines the forces affecting the exercise of discretion in American immigration courts, and argues that in this present age of immigration anxiety, the same facts that place an individual in deportation proceedings may constitute the reasons a judge will, relying on discretion, deny them relief for which they are otherwise eligible. The article explores the polarized narratives told about "good" and "bad" immigrants, the exceptionally difficult task of adjudicating in overburdened immigration courts, and the ways in which these polarized narratives interact with psychological short-cuts, or heuristics, that affect judicial exercises of discretion. After engaging in …

How The Expressive Power Of Title Ix Dilutes Its Promise, Dionne L. Koller

All Faculty Scholarship

Title IX is widely credited with shaping new norms for the world of sports by requiring educational institutions to provide equal athletic opportunities to women. The statute and regulations send a message that women are entitled to participate in sports on terms equal to men. For several decades, this message of equality produced dramatic results in participation rates, as the number of women interested in athletics grew substantially. Despite these gains, however, many women and girls, especially those of color and lower socio-economic status, still do not participate in sports, or remain interested in participating, in numbers comparable to their …

Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner

All Faculty Scholarship

Americans are taking new interest in legal reasoning. Thinking Like a Lawyer: A New Introduction to Legal Reasoning by Professor Frederick Schauer suggests why. According to Schauer, American legal methods often require decision-makers “to do something other than the right thing.” There has got to be a better way.

Now comes a book that offers Americans opportunities to look into a world where legal methods help decision-makers do the right thing. According to Reinhard Zippelius in his newly published Introduction to German Legal Methods, German legal methods help decision makers resolve legal problems “in a just and equitable manner.”

This …

Big Brother Or Little Brother? Surrendering Seizure Privacy For The Benefits Of Communication Technology, José F. Anderson

All Faculty Scholarship

Over two centuries have passed since Benjamin Franklin quipped that we should defend privacy over security if people wanted either privacy or security. Although his axiom did not become a rule of law in its original form, its principles found voice in the Fourth and Fifth Amendments of the Constitution's Bill of Rights. To a lesser extent, provisions against the quartering of troops in private homes found in the Third Amendment also support the idea that what a government can require you to do, or who you must have behind the doors of your home, is an area of grave …

Confine Is Fine: Have The Non-Dangerous Mentally Ill Lost Their Right To Liberty? An Empirical Study To Unravel The Psychiatrist’S Crystal Ball, Donald H. Stone

All Faculty Scholarship

This Article will examine the reverse trend in civil commitment laws in the wake of recent tragedies and discuss the effect of broader civil commitment standards on the care and treatment of the mentally ill. The 2007 Virginia Tech shooting, the 2011 shooting of Congresswoman Giffords, and the 2012 Aurora movie theatre shooting have spurred fierce debates about the dangerousness of mentally ill and serve as cautionary tale about what happens when warning signs go unnoticed and opportunities for early intervention missed. This piece will explore the misconception about the role medication and inpatient civil commitments should play in prevention …

Could This Train Make It Through: The Law And Strategy Of The Gold Train Case, Charles Tiefer, Jonathan W. Cuneo, Annie Reiner

All Faculty Scholarship

In 1944-45, the Nazis seized personal belongings of the Hungarian Jewish population and dispatched some of the most valuable of them on a train. The United States Army took control of this "Gold Train" and gave reassurances that it would keep the valuables safe. However, the items were plundered by individual soldiers, including officers, and diverted to various uses. After decades of dormancy, a Presidential Commission exposed the facts, but the government still did not right the wrong — until there was litigation.

The "Gold Train" case (Rosner v. United States) represents a measure of justice for the victimized community …

Introduction: Benefits Of Private Enforcement: Empirical Background, Robert H. Lande

All Faculty Scholarship

This short piece takes a first step toward providing the empirical bases for an assessment of the benefits of private enforcement. It presents evidence showing that private enforcement of the antitrust laws is serving its intended purposes and is in the public interest. Private enforcement helps compensate victimized consumers, and it also helps deter anticompetitive conduct. This piece demonstrates this by briefly summarizing a more detailed analysis of forty of the largest recent successful private antitrust cases.

To analyze these cases' compensation effects this presents, inter alia, the amount of money each action recovered, what proportion of the money was …

Watergate, Multiple Conspiracies, And The White House Tapes, Arnold Rochvarg

All Faculty Scholarship

No abstract provided.

The Short-Sighted Attack On Patent Eligibility Of Healthcare Related Patents, Gregory Dolin

All Faculty Scholarship

On March 20, 2012, the Supreme Court of the United States unanimously decided the case of Mayo Collaborative Svc. v. Prometheus Labs. At issue was a patent, held by Prometheus that taught doctors how to adjust the amount of thiopurine (a drug used for treatment of a variety of autoimmune diseases) administered to a patient. In an opinion by Justice Breyer, the Court held Prometheus’s invention to not be patent eligible and invalidated the patent. Though I believe that the reasoning the Court employed was erroneous and highly problematic (of which more later), the decision could have been viewed as …

Forward: Reforms For Hire: The Jobs Act Legislation, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Salmon People In An Era Of Depleting Salmon: The Swinomish Indian Tribal Community’S Climate Adaptation Action Plan As A Manifestation Of Tribal Sovereignty, Kelly Davis

Tribal Law Journal

Climate change presents novel challenges to indigenous peoples striving to maintain their place-based subsistence cultures. Climate change is altering physical environments, tribes are experiencing detrimental impacts, and adaptation is necessary to preserve indigenous lifestyles. The Swinomish Indian Tribal Community, a Coast Salish tribe in northwestern Washington State, has taken the initiative in tribal climate change adaptation efforts.

In 2010, the Swinomish Office of Planning and Community Development issued a thorough Climate Adaptation Action Plan, which delineates strategies the vulnerable coastal, salmon-dependent tribe must take. Resilient social systems, like American Indian tribes, are capable of anticipating and planning for the future. …

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

Remarks At The Digital Broadband Migration: The Dynamics Of Disruptive Innovation Internet Speculations, Vint Cerf

Colorado Technology Law Journal

No abstract provided.

Front Matter, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

A Case For Government Promoted Multi-Stakeholderism, Marc Berejka

Colorado Technology Law Journal

No abstract provided.

Why The Federal Government Should Have A Privacy Policy Office, Peter Swire

Colorado Technology Law Journal

No abstract provided.

Cloud Control: Copyright, Global Memes And Privacy, Daniel J. Gervais, Daniel J. Hyndman

Colorado Technology Law Journal

No abstract provided.

Consumer Choice: Is There An App For That?, David Cline

Colorado Technology Law Journal

No abstract provided.

Can I Use This Photo I Found On Facebook? Applying Copyright Law And Fair Use Analysis To Photographs On Social Networking Sites Republished For News Reporting Purposes, Daxton R. Stewart

Colorado Technology Law Journal

No abstract provided.