Law Commons^™

Burdens On Public Access, Elizabeth Blank

Sea Grant Law Fellow Publications

No abstract provided.

Litigate Or Innovate? Us Shipping In [The] 21st Century, Steve Overturf

Sea Grant Law Fellow Publications

No abstract provided.

Defining, Punishing, And Membership In The Community Of Nations: Material Support And Conspiracy Charges In Military Commissions, Peter Margulies

Law Faculty Scholarship

No abstract provided.

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 …

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 …

Book Review: Professional Penetration Testing: Creating And Learning In A Hacking Lab 2e, Joshua Bartolomie

Journal of Digital Forensics, Security and Law

Organizations often strive for proactive information security programs in an effort to limit occurrence and impact of security breaches. However, traditional security programs run the risk of being unable to provide adequate insight and proactive awareness into real attack vectors that may exist within their organizations. With attack methods and efforts becoming increasingly aggressive, and effective, organizations must take equally assertive measures to protect their critical information and assets. Penetration testing is one of those tools that is often misunderstood, overlooked, and undervalued. A true adversary would not hesitate to exploit every potential to gain entry or cause a disruption …

Technology Corner: Calculating The Number Of Android Lock Patterns: An Unfinished Study In Number Theory, Gary C. Kessler

Journal of Digital Forensics, Security and Law

Although one is unlikely to ever want to brute-force an Android lock pattern, many do wonder about the relative strength of the lock pattern versus a multidigit personal identification number (PIN). It becomes obvious pretty quickly that there are many more lock patterns than the 10,000 possible four-digit PINs.

Science Column: Reconstruction: The Experimental Side Of Digital Forensics, Fred Cohen

Journal of Digital Forensics, Security and Law

Many in digital forensics seem to forget that the science part of digital forensics means experimentation and that implies a whole lot of things that most practitioners never learned.

Book Review: Iphone And Ios Forensic: Investigation, Analysis And Mobile Security For Apple Iphone, Ipad And Ios Devices, Simson Garfinkel

Journal of Digital Forensics, Security and Law

In April 2011 news outlets around the world revealed shocking news about Apple’s iPhone: for reasons that were not apparently clear, every iPhone contained a small SQLite database that logged where and when the user had been whenever the phone was turned on, and those records went back for pretty much as long as the user had owned their phone. Apple eventually declared that the data cache was the result of a bug and issued a software update to prune the database (it had previously grown without limit). Privacy activists rejoiced that their beloved iPhones were once again trustworthy. But …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

The Poverty Defense, Michele E. Gilman

All Faculty Scholarship

Poverty is correlated with crime, but it is widely assumed that it should not be a defense. In the 1970s, Judge David Bazelon challenged this assumption, proposing a rotten social background defense, that is, how growing up under circumstances of severe deprivation can subsequently impact a criminal defendant's mental state and actions. Relatedly, other theorists have posited that poverty should be a defense to crime based on poverty's coercive aspects or because society forfeits its right to condemn when it tolerates significant economic inequality. Critics counter that a poverty defense should not be adopted because it is not only inconsistent …

The Extraordinary Deterrence Of Private Antitrust Enforcement: A Reply To Werden, Robert H. Lande, Joshua P. Davis

All Faculty Scholarship

Our article, "Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws," 2011 B.Y.U. L. Rev. 315, documented an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount of anticompetitive conduct. Indeed, the article showed that private enforcement "probably" deters even more anticompetitive conduct than the almost universally admired anti-cartel enforcement program of the United States Department of Justice.

In a recent issue of Antitrust Bulletin, Gregory J. Werden, Scott D. Hammond, and Belinda A. Barnett challenged our analysis. They asserted that our comparison “is more misleading than informative.” It is unsurprising that they …

The Maryland Legal Aid Bureau: Decades Of Service And Reform, José F. Anderson

All Faculty Scholarship

In a legal and judicial career that spans nearly five decades, few issues have affected retiring Chief Judge Robert Mack Bell more than access for the poor to civil justice. As a student at Harvard University in the late 1960s, he would work at the Boston Legal Aid Society. As a young lawyer at a prominent Baltimore law firm, he did community and poverty law work and impressed his colleagues as one "committed to the use of the law not only to serve his clients, but also to improve society. The zeal of Chief Judge Bell for supporting access to …

Maryland's Family Divisions: Sensible Justice For Families And Children, Barbara A. Babb

All Faculty Scholarship

In January 1998, the judges of the Court of Appeals of Maryland signed Rule 16-204 and formally launched the process of family justice system reform in Maryland. During the ensuing fifteen years, Maryland became a national model in this area. These changes and improvements occurred largely because of the inspirational leadership of Chief Judge Robert M. Bell, a man owed a debt of gratitude by everyone involved in family law proceedings, including families, children, attorneys, judges, court personnel, and services providers, among others.

This Tribute honors Chief Judge Bell by contextualizing the enormity of the process and outcomes resulting from …

Costs Of No Codes, James Maxeiner

All Faculty Scholarship

Codification is a ubiquitous feature of modern legal systems. Codes are hailed as tools for making law more convenient to find and to apply than law found in court precedents or in ordinary statutes. Codes are commonplace in most countries. The United States is anomalous. It does not have true codes. In the nineteenth and early twentieth centuries, when many countries adopted systematic civil, criminal and procedural codes, the United States considered, but did not adopt such codes.

This Article discusses the absence of codes in American law, identifies American substitutes for codes, relates the history of attempts to create …

Keep It Light, Chairman White: Sec Rulemaking Under The Crowdfund Act, Andrew A. Schwartz

Vanderbilt Law Review En Banc

No abstract provided.

Res Ipsa Loquitur (Or Why The Other Essays Prove My Point), Suzanna Sherry

Vanderbilt Law Review En Banc

No abstract provided.

P900: A Putative Novel Erp Component That Indexes Counter-Measure Use In The P300-Based Concealed Information Test, John B. Meixner Jr., Elena Labkovsky, J. Peter Rosenfeld, Michael R. Winograd, Michael Winograd, Alexander Sokolovsky, Jeff Weishaar, Tim Ullmann

Scholarly Works

Countermeasures pose a serious threat to the effectiveness of the Concealed Information Test (CIT). In a CIT experiment, Rosenfeld and Labkovsky in Psychophysiology 47(6):1002–1010, (2010) observed a previously unknown positive ERP component at about 900 ms poststimulus at Fz and Cz that could potentially serve as an index of countermeasure use. Here, we explored the hypothesis that this component, termed P900, occurs in response to a signal that no further specific response is required in a trial, and could thus appear in countermeasure users that respond differentially depending on the stimulus that appears. In the present experiments, subjects viewed four …

Data Protection Principles For The 21st Century, Fred H. Cate, Peter Cullen, Viktor Mayer-Schonberger

Books & Book Chapters by Maurer Faculty

This paper proposes revisions to the OECD Guidelines that include basic changes essential for the protection of individual privacy in the 21st century, while avoiding unnecessary restrictions on uses of personal information that are increasingly important.

Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell

St. Mary's Law Journal

Abstract Forthcoming.

Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar

St. Mary's Law Journal

Over the years, civilians and members of the military have falsely claimed honors “stealing” the valor, reputation and benefits bestowed upon actual medal recipients. Lawmakers have historically addressed this problem of stolen valor with criminal prosecution. In 2005, Congress passed the Stolen Valor Act, making it illegal for an individual to lie about receiving military awards. However, the constitutionality of the Stolen Valor Act of 2005 was challenged in United States v. Alvarez. The Supreme Court of the United States found that the act violated the First Amendment because it was a content-based restriction on speech regarding military service. Therefore, …

The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott

St. Mary's Law Journal

A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …

Panel Discussion: Reinvigorating Rule 502, Liesa L. Richter

Other Faculty Publications

No abstract provided.

Re-Purposing The Dram Shop Law To Subordinate The Claims Of Reckless Bartenders Of Credit Drunks: In Bankruptcy, This One Should Be On The House, F. Stephen Knippenberg

Faculty Articles

No abstract provided.

A Waste Of Judicial And Agency Resources - The Faa's Painstaking Compliance With Regulations Governing The Hangar 24 Project, Laura L. Arbeiter

Journal of Air Law and Commerce

No abstract provided.

American Airlines' Bankruptcy - Is American Ready For Takeoff After Rejecting Its Collective Bargaining Agreement, Matthew T. Moran

Journal of Air Law and Commerce

No abstract provided.

Tort Claim Preemption Under The Airline Deregulation Act - Courts Still Struggling With The Meaning Of Services, Baine T. Sellers

Journal of Air Law and Commerce

No abstract provided.

Asteroids, The New Western Frontier: Applying Principles Of The General Mining Law Of 1872 To Incentive Asteroid Mining, Lauren E. Shaw

Journal of Air Law and Commerce

No abstract provided.

Focusing On Adhd: A Second Look At The Faa's Ban On Adhd Medication In The Cockpit, Baine Sellers

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.