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Articles 10411 - 10440 of 12809
Full-Text Articles in Law
Board Of Officers - Vol. 43, No. 3 2013
Contestatory Democracy And The Interpretation Of Popular Initiatives, Glen Staszewski
Contestatory Democracy And The Interpretation Of Popular Initiatives, Glen Staszewski
Seton Hall Law Review
No abstract provided.
In Defense Of “Super Pacs” And Of The First Amendment, Joel M. Gora
In Defense Of “Super Pacs” And Of The First Amendment, Joel M. Gora
Seton Hall Law Review
No abstract provided.
Picture This: Campaign Finance Law And The Question Of Values, Laurence D. Laufer
Picture This: Campaign Finance Law And The Question Of Values, Laurence D. Laufer
Seton Hall Law Review
No abstract provided.
Board Of Officers - Vol. 43, No. 4 2013
Table Of Contents - Vol. 43, No. 4 2013
Justice In Times Of Transition: A Reflection On Transitional Justice, Fionnuala Ní Aoláin
Justice In Times Of Transition: A Reflection On Transitional Justice, Fionnuala Ní Aoláin
Articles
Transitional Justice as a motif, a discourse and a practice continues to entice analysis from scholars, practitioners and policy makers. It is a field that has rapidly expanded, and that has both the fortune and disadvantage of being termed an "industry." The growth of transitional justice is both an opportunity and a warning, as the challenges raised by massive human rights violations and transitions from violence to peace or from repressive regimes to more liberal ones continue to preoccupy scholars and practitioners. Each new country specific context facilitates revisiting old trade-offs and concepts revealing new elements to transitional dilemmas.
The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White
The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White
Reviews
Bill Miller has done something quite uncommon, possibly singular: he has become a prominent law professor by writing books that have nothing to do with the law. His books do not even have the remote relation to law that books by philosophers or historians can claim. Having studied medieval history before law school and achieved law school tenure by teetering on the edge of law in his work on Icelandic sagas, Miller jumped the fence completely in his books The Mystery of Courage, The Anatomy of Disgust, and Faking It. He has never returned. Presumably, this Review earned a place …
Late-Night Law Firms, Scott Hershovitz
Late-Night Law Firms, Scott Hershovitz
Reviews
But it turns out that those late-night lawyers may not deserve the scorn that they get. In Sunlight and Settlement Mills, Nora Freeman Engstrom argues that firms like the ones that advertise late at night have developed practice models that achieve many of the aims that reformers have for no-fault accident compensation schemes. They deliver compensation cheaply and quickly, because they settle almost every claim and nearly never go to court. They resolve claims predictably and consistently, on account of cozy relationships with insurance adjusters that lead to a shared sense as to what different sorts of claims are …
Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz
Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz
Reviews
I once heard it said of a famous philosopher of law that he never allowed his philosophy to be polluted by law. No one will ever say that about Ernie Weinrib. His latest book - Corrective Justice - is exceptional precisely because Weinrib is deeply informed about legal doctrine. Of course, he also has formidable philosophical skill, and in bringing that to bear on doctrine, he dismantles any thought that corrective justice is too abstract a concept to shed light on the practical problems that courts face. Along the way, he also demol ishes the instrumentalism that has recently dominated …
Did Booker Increase Sentencing Disparity? Why The Evidence Is Unpersuasive, Sonja B. Starr
Did Booker Increase Sentencing Disparity? Why The Evidence Is Unpersuasive, Sonja B. Starr
Articles
The Sentencing Commission’s recent report on the effects of United States v.Booker makes a number of very worri- some claims.The most alarming is that the gap in sen- tences between otherwise similar Black and White men has nearly quadrupled: from 4.5 percent before Booker, to 15 percent after it, to 19.5 percent after United States v. Kimbrough and United States v.Gall. 1 The Commission further claims that interjudge disparity has increased in two-thirds of the federal districts, and that interdistrict variation has also increased.2 If its findings were accurate, and if these changes could be causally attributed to Booker and …
Prometheus Rebound: Diagnostics, Nature, And Mathematical Algorithms, Rebecca S. Eisenberg
Prometheus Rebound: Diagnostics, Nature, And Mathematical Algorithms, Rebecca S. Eisenberg
Articles
The Supreme Court’s decision last Term in Mayo v. Prometheus left considerable uncertainty as to the boundaries of patentable subject matter for molecular diagnostic inventions. First, the Court took an expansive approach to what counts as an unpatentable natural law by applying that term to the relationship set forth in the challenged patent between a patient’s levels of a drug metabolite and the indication of a need to adjust the patient’s drug dosage. And second, in evaluating whether the patent claims add enough to this unpatentable natural law to be patent eligible, the Court did not consult precedents concerning the …
Board Of Officers - Vol. 43, No. 1 2013
Table Of Contents - Vol. 43, No. 1 2013
National Security Deserves Better: "Odd" Recidivism Numbers Undermine The Guantánamo Policy Debate, Mark Denbeaux, Paul W. Taylor, Sean Camoni, Edward Dabek, Bahadir Ekiz, Sean Kennedy, Eric Miller, Kelly Ross, Nicholas Stratton, Kelly Ann Taddonio, Philip Taylor, Lauren Winchester
National Security Deserves Better: "Odd" Recidivism Numbers Undermine The Guantánamo Policy Debate, Mark Denbeaux, Paul W. Taylor, Sean Camoni, Edward Dabek, Bahadir Ekiz, Sean Kennedy, Eric Miller, Kelly Ross, Nicholas Stratton, Kelly Ann Taddonio, Philip Taylor, Lauren Winchester
Seton Hall Law Review
No abstract provided.
Board Of Officers - Vol. 43, No. 2 2013
Table Of Contents - Vol. 43, No. 2 2013
The Difference A Justice May Make: Remarks At The Symposium For Justice Ruth Bader Ginsburg, Suzanne Baer
The Difference A Justice May Make: Remarks At The Symposium For Justice Ruth Bader Ginsburg, Suzanne Baer
Articles
First, I will briefly summarize the state of the art of equality law in Germany today. A distinct dimension of this story from a European Union member state is that we are not just theorizing postnational constitutionalism these days, but that we live it already, since law is not anymore isolated as national but needs to be seen in the context of transnational migration and multinational regimes. Second, I turn to a key feature and key challenge in and to equality law today. It is what I have called the triangle of fundamental rights, referring to the three most prominent …
Measuring Inconsistency Methods For Evidentiary Value, Fred Cohen
Measuring Inconsistency Methods For Evidentiary Value, Fred Cohen
Journal of Digital Forensics, Security and Law
Many inconsistency analysis methods may be used to detect altered records or statements. But for admission as evidence, the reliability of the method has to be determined and measured. For example, in China, for evidence to be admitted, it has to have 95% certainty of being correct,1 and that certainty must be shown to the court, while in the US, evidence is admitted if it is more probative than prejudicial (a >50% standard).2 In either case, it is necessary to provide a measurement of some sort in order to pass muster under challenges from the other side. And in most …
Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle
Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle
Journal of Digital Forensics, Security and Law
Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example: network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …
How Often Is Employee Anger An Insider Risk I? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw
How Often Is Employee Anger An Insider Risk I? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw
Journal of Digital Forensics, Security and Law
This research introduced two new scales for the identification and measurement of negative sentiment and insider risk in communications in order to examine the unexplored relationship between these two constructs. The inter-rater reliability and criterion validity of the Scale of Negativity in Texts (SNIT) and the Scale of Insider Risk in Digital Communications (SIRDC) were established with a random sample of email from the Enron archive and criterion measures from established insiders, disgruntled employees, suicidal, depressed, angry, anxious, and other sampled groups. In addition, the sensitivity of the scales to changes over time as the risk of digital attack increased …
Table Of Contents
Journal of Digital Forensics, Security and Law
No abstract provided.
How Often Is Employee Anger An Insider Risk Ii? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications–Comparison Between Human Raters And Psycholinguistic Software, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw
How Often Is Employee Anger An Insider Risk Ii? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications–Comparison Between Human Raters And Psycholinguistic Software, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw
Journal of Digital Forensics, Security and Law
This research uses two recently introduced observer rating scales, (Shaw et al., 2013) for the identification and measurement of negative sentiment (the Scale for Negativity in Text or SNIT) and insider risk (Scale of Indicators of Risk in Digital Communication or SIRDC) in communications to test the performance of psycholinguistic software designed to detect indicators of these risk factors. The psycholinguistic software program, WarmTouch (WT), previously used for investigations, appeared to be an effective means for locating communications scored High or Medium in negative sentiment by the SNIT or High in insider risk by the SIRDC within a randomly selected …
A Simple Experiment With Microsoft Office 2010 And Windows 7 Utilizing Digital Forensic Methodology, Gregory H. Carlton
A Simple Experiment With Microsoft Office 2010 And Windows 7 Utilizing Digital Forensic Methodology, Gregory H. Carlton
Journal of Digital Forensics, Security and Law
Digital forensic examiners are tasked with retrieving data from digital storage devices, and frequently these examiners are expected to explain the circumstances that led to the data being in its current state. Through written reports or verbal, expert testimony delivered in court, digital forensic examiners are expected to describe whether data have been altered, and if so, then to what extent have data been altered. Addressing these expectations results from opinions digital forensic examiners reach concerning their understanding of electronic storage and retrieval methods. The credibility of these opinions evolves from the scientific basis from which they are drawn using …
Book Review: Placing The Suspect Behind The Keyboard: Using Digital Forensics And Investigative Techniques To Identify Cybercrime Suspects, Thomas Nash
Journal of Digital Forensics, Security and Law
In this must read for any aspiring novice cybercrime investigator as well as the seasoned professional computer guru alike, Brett Shaver takes the reader into the ever changing and dynamic world of Cybercrime investigation. Shaver, an experienced criminal investigator, lays out the details and intricacies of a computer related crime investigation in a clear and concise manner in his new easy to read publication, Placing the Suspect behind the Keyboard. Using Digital Forensics and Investigative techniques to Identify Cybercrime Suspects. Shaver takes the reader from start to finish through each step of the investigative process in well organized …
Information Security Challenge Of Qr Codes, Nik Thompson, Kevin Lee
Information Security Challenge Of Qr Codes, Nik Thompson, Kevin Lee
Journal of Digital Forensics, Security and Law
The discipline of information security must adapt to new technologies and methods of interaction with those technologies. New technologies present both challenges and opportunities for the security professional, especially for areas such as digital forensics. Challenges can be in the form of new devices such as smartphones or new methods of sharing information, such as social networks. One such rapidly emerging interaction technology is the use of Quick Response (QR) codes. These offer a physical mechanism for quick access to Web sites for advertising and social interaction. This paper argues that the common implementation of QR codes potentially presents security …
Automating Vendor Fraud Detection In Enterprise Systems, Kishore Singh, Peter Best, Joseph Mula
Automating Vendor Fraud Detection In Enterprise Systems, Kishore Singh, Peter Best, Joseph Mula
Journal of Digital Forensics, Security and Law
Fraud is a multi-billion dollar industry that continues to grow annually. Many organizations are poorly prepared to prevent and detect fraud. Fraud detection strategies are intended to quickly and efficiently identify fraudulent activities that circumvent preventative measures. In this paper, we adopt a DesignScience methodological framework to develop a model for detection of vendor fraud based on analysis of patterns or signatures identified in enterprise system audit trails. The concept is demonstrated by developing prototype software. Verification of the prototype is achieved by performing a series of experiments. Validation is achieved by independent reviews from auditing practitioners. Key findings of …
Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle
Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle
Journal of Digital Forensics, Security and Law
Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example, network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …
Risk Management Of Email And Internet Use In The Workplace, John Ruhnka, Windham E. Loopesko
Risk Management Of Email And Internet Use In The Workplace, John Ruhnka, Windham E. Loopesko
Journal of Digital Forensics, Security and Law
The article surveys the changing risk environment for corporations from their employees’ electronic communications. It identifies the types of liabilities that corporations can incur from such employee communications. It discusses the objectives of corporate internet use policies and the types of provisions such policies should contain. It suggests an alternative risk-based approach to corporate acceptable use policies instead of a traditional “laundry list” of internet use prohibitions.
System-Generated Digital Forensic Evidence In Graphic Design Applications, Enos Mabuto, Hein Venter
System-Generated Digital Forensic Evidence In Graphic Design Applications, Enos Mabuto, Hein Venter
Journal of Digital Forensics, Security and Law
Graphic design applications are often used for the editing and design of digital art. The same applications can be used for creating counterfeit documents such as identity documents (IDs), driver’s licences, passports, etc. However, the use of any graphic design application leaves behind traces of digital information that can be used during a digital forensic investigation. Current digital forensic tools examine a system to find digital evidence, but they do not examine a system specifically for the creating of counterfeit documents created through the use of graphic design applications. The paper in hand reviews the system-generated digital forensic evidence gathered …