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Articles 196501 - 196530 of 544827

Full-Text Articles in Law

Column: The Consortium Of Digital Forensics Specialists (Cdfs), Christopher Kelly Jan 2011

Column: The Consortium Of Digital Forensics Specialists (Cdfs), Christopher Kelly

Journal of Digital Forensics, Security and Law

Digital forensic practitioners are faced with an extraordinary opportunity. In fact, we may never again be faced with such an opportunity, and this opportunity will challenge us in ways we may never again be challenged. At this point in the history of the Digital Forensics profession, digital forensic specialists have the unique opportunity to help this profession emerge from its infancy. But for this profession to mature -- and to flourish -- individuals and organizations integral to the practice must assemble and shape its future. This is our opportunity. In fact, this is our mandate.

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Judges’ Awareness, Understanding, And Application Of Digital Evidence, Gary C. Kessler Jan 2011

Judges’ Awareness, Understanding, And Application Of Digital Evidence, Gary C. Kessler

Journal of Digital Forensics, Security and Law

As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence. This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the …

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Technology Corner: Analysing E-Mail Headers For Forensic Investigation, M. T. Banday Jan 2011

Technology Corner: Analysing E-Mail Headers For Forensic Investigation, M. T. Banday

Journal of Digital Forensics, Security and Law

Electronic Mail (E-Mail), which is one of the most widely used applications of Internet, has become a global communication infrastructure service. However, security loopholes in it enable cybercriminals to misuse it by forging its headers or by sending it anonymously for illegitimate purposes, leading to e-mail forgeries. E-mail messages include transit handling envelope and trace information in the form of structured fields which are not stripped after messages are delivered, leaving a detailed record of e-mail transactions. A detailed header analysis can be used to map the networks traversed by messages, including information on the messaging software and patching policies …

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Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis Jan 2011

Is Innocence Irrelevant To Aedpa's Statute Of Limitations - Avoiding A Miscarriage Of Justice In Federal Habeas Corpus, Angela Ellis

Villanova Law Review (1956 - )

The article discusses the debate on recognizing the innocence exception to the statute of limitations for original petitions for habeas corpus as provided in the Anti-terrorism and Effective Penalty Act of 1996 (AEDPA). Those who oppose cite the need for judicial economy and the absence of congressional intent. The author stresses the primordial concern of protecting the innocent and preventing miscarriage of justice as upheld by the history of habeas corpus and Supreme Court jurisprudence.

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The More Things Change: Reflections On The Stasis Of Labor Law In The United States, William R. Corbett Jan 2011

The More Things Change: Reflections On The Stasis Of Labor Law In The United States, William R. Corbett

Villanova Law Review (1956 - )

No abstract provided.

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Symposium Introduction, Stephen Yale-Loehr Jan 2011

Symposium Introduction, Stephen Yale-Loehr

Villanova Law Review (1956 - )

A profile of law professor and author John F. Murphy is presented, including information on his educational background, his teaching experience at institutions such as the Naval War College in Newport, Rhode Island, and his authorship of several books and monographs. Murphy's selection as a recipient of the 2011 Louis B. Sohn Award for Public International Law is also mentioned.

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The Role Of International Law And Practice In Addressing International Tax Issues In The Global Era, Charles H. Gustafson Jan 2011

The Role Of International Law And Practice In Addressing International Tax Issues In The Global Era, Charles H. Gustafson

Villanova Law Review (1956 - )

The article discusses the role of international law and practice in deciphering complex international tax policy and administration issues as of July 2011. An August 2009 deal between the U.S. and Switzerland, known as the U.S.-Swiss Agreement, is also mentioned. The international law of jurisdiction is examined as it relates to the issue of double taxation.

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The United States And International Law: The United Nations Finds A Home, Mark Weston Janis Jan 2011

The United States And International Law: The United Nations Finds A Home, Mark Weston Janis

Villanova Law Review (1956 - )

An essay is presented on the relationship between the U.S. and the United Nations (UN) as of July 2011, focusing on the commitment of the U.S. to international law and international organization, as well as a historical overview of the UN and its facilities in the U.S. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.

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Guarding The Fort, Cook Inlet, Alaska, Erin Sedloff Jan 2011

Guarding The Fort, Cook Inlet, Alaska, Erin Sedloff

UC Law Environmental Journal

No abstract provided.

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Tufas On The Shores Of Mono Lake, Nadia Kayyali Jan 2011

Tufas On The Shores Of Mono Lake, Nadia Kayyali

UC Law Environmental Journal

No abstract provided.

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Hanging Rock Gold Leaf On Granite Black Feathers, White Bones, William Keener Jan 2011

Hanging Rock Gold Leaf On Granite Black Feathers, White Bones, William Keener

UC Law Environmental Journal

No abstract provided.

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The Legal Implications Of The Delta Vision Strategic Plan, Elise Torres Jan 2011

The Legal Implications Of The Delta Vision Strategic Plan, Elise Torres

UC Law Environmental Journal

No abstract provided.

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Roof, Dana Kelly Jan 2011

Roof, Dana Kelly

UC Law Environmental Journal

No abstract provided.

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Watery Grave: Why International And Domestic Lawmakers Need To Do More To Protect Oceanic Species From Extinction, Brooke Glass-O’Shea Jan 2011

Watery Grave: Why International And Domestic Lawmakers Need To Do More To Protect Oceanic Species From Extinction, Brooke Glass-O’Shea

UC Law Environmental Journal

No abstract provided.

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Federalizing Fiduciary Duty: The Altered Scope Of Officer Fiduciary Duty Following Orderly Liquidation Under Dodd-Frank, Dorothy Shapiro Lund Jan 2011

Federalizing Fiduciary Duty: The Altered Scope Of Officer Fiduciary Duty Following Orderly Liquidation Under Dodd-Frank, Dorothy Shapiro Lund

Articles

No abstract provided.

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Regulation For The Sake Of Appearance, Adam M. Samaha Jan 2011

Regulation For The Sake Of Appearance, Adam M. Samaha

Articles

Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance, sometimes appearance helps drive reality over time, and sometimes appearance and reality collapse from the outset. Finally, sets of normative questions are suggested based on the supposed relationship between appearance and reality for a given situation. …

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Mandatory Versus Default Rules: How Can Customary International Law Be Improved?, Curtis A. Bradley, Mitu Gulati Jan 2011

Mandatory Versus Default Rules: How Can Customary International Law Be Improved?, Curtis A. Bradley, Mitu Gulati

Articles

Although customary international law (CIL) has historically been one of the principal forms of international law, it is plagued by debates and uncertainties about its proper sources, its content, its usefulness, and its normative attractiveness.1 While some of these debates and uncertainties are longstanding, they have intensified in recent years, in part because of the rise of multilateral treaty-making, which allows nations collectively to negotiate and codify broad areas of international law instead of relying on unwritten custom. Moreover, it has become increasingly apparent that CIL is structurally unable to address many of the world’s most pressing problems, such …

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Presidential Power, Historical Practice, And Legal Constraint, Curtis A. Bradley, Trevor W. Morrison Jan 2011

Presidential Power, Historical Practice, And Legal Constraint, Curtis A. Bradley, Trevor W. Morrison

Articles

The scope of the President’s legal authority is determined in part by historical practice. This Essay aims to better understand how such practice-based law might operate as a constraint on the presidency. In part because of the limited availability of judicial review in this area, some commentators have suggested that presidential authority has become “unbounded” by law and is now governed only or primarily by politics. At the same time, there has been growing skepticism about the ability of the familiar political checks on presidential power to work in any systematic or reliable fashion. Whether and how practice-based law might …

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Reconsidering Racial And Partisan Gerrymandering, Adam B. Cox, Richard T. Holden Jan 2011

Reconsidering Racial And Partisan Gerrymandering, Adam B. Cox, Richard T. Holden

Articles

In recent years, scholars have come to a general agreement about the relationship between partisan gerrymandering and racial redistricting. Drawing districts that contain a majority of minority voters, as is often required by the Voting Rights Act, is said to help minority voters in those districts but hurt the Democratic Party more broadly. This Article argues that this familiar claim is based on a mistaken assumption about how redistricters can best manipulate districts for partisan gain -an assumption grounded in the idea that all voters can be thought of as either Democrats or Republicans. Relaxing this assumption, and acknowledging that …

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Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead Jan 2011

Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead

NYLS Law Review

No abstract provided.

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Book Review Of The Contemporary U.S. Peace Movement, Emily Regan Wills Jan 2011

Book Review Of The Contemporary U.S. Peace Movement, Emily Regan Wills

Societies Without Borders

No abstract provided.

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The Deliberative School Approach To Human Rights, Demond Miller, Jason Rivera, Christopher Gonzalez Jan 2011

The Deliberative School Approach To Human Rights, Demond Miller, Jason Rivera, Christopher Gonzalez

Societies Without Borders

Over the past few decades, certain currents in higher education have been engaged in a paradigm shift that highlights the importance of civic engagement and experimental learning as means to a comprehensive, holistic education in the service of social change. In this article, we argue that community-based research, as a component of service-learning, constitutes a vehicle through which we can address the topic of human rights—in much the same way as W. E. B. DuBois recognized both universal human rights for all people and case-specific human rights for particular individuals (Elias 2009). To this end, we offer a brief discussion …

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Understanding And Eliminating Discrimination Against Blacks, Douglas Parker Jan 2011

Understanding And Eliminating Discrimination Against Blacks, Douglas Parker

Societies Without Borders

This paper discusses the US history of discrimination against blacks which should be understood by students and others who are concerned with human rights and who want to participate in some form of civic engagement for the realization of these rights. The first part of this paper examines slavery, an extreme form of racial discrimination, and its repetition as involuntary servitude in earlier historical periods in the US. The second part of the paper examines recent and current severe, though not extreme, forms of racial discrimination such as residential segregation and the workfare and imprisonment imposed by the emerging US …

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Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp Jan 2011

Under International Standards Of Justice, Can Audio Or Video Recordings Of Distress Calls And Footage From Vessels Allegedly Subjected To Piratical Attacks Be Admitted Into Evidence? How Would Authenticity Be Proved? Does This Deny The Opportunity To Cross-Examine?, Baker & Mckenzie Llp

War Crimes Memoranda

No abstract provided.

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Making The Leap To Being A Law Library Director, Joseph A. Custer Jan 2011

Making The Leap To Being A Law Library Director, Joseph A. Custer

Faculty Publications

This article addresses my experience in going from being a mild-mannered Associate Director of an academic law library to that of a dynamic leader of an academic law library.

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Would The Reins Act Rein In Federal Regulation?, Jonathan H. Adler Jan 2011

Would The Reins Act Rein In Federal Regulation?, Jonathan H. Adler

Faculty Publications

Federal regulation reaches nearly all aspects of modern life and is pervasive in the modern economy. Much of this regulation may be necessary or advisable, but there is understandable concern that regulatory agencies act outside the authority delegated to them by Congress. The proposed Regulations of the Executive in Need of Scrutiny (REINS) Act is intended to remedy this by requiring that major regulations receive the approval of Congress through an expedited process. Critics of the REINS Act claim it would severely curtain important regulatory efforts and allow for all sorts of congressional gamesmanship. In fact, the REINS Act would …

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The Sec Staff's "Cybersecurity Disclosure" Guidance: Will It Help Investors Or Cyber-Thieves More?, Sarah Jane Hughes, Roland L. Trope Jan 2011

The Sec Staff's "Cybersecurity Disclosure" Guidance: Will It Help Investors Or Cyber-Thieves More?, Sarah Jane Hughes, Roland L. Trope

Articles by Maurer Faculty

No abstract provided.

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Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann Jan 2011

Reconciling European Union Law Demands With The Demands Of International Arbitration, George A. Bermann

Fordham International Law Journal

Part I of this Essay traces the traditional divide between EU law and the law of international arbitration. This Essay then identifies two developments, both emanating from the EU-law side of the equation, that are in the process of altering this landscape. The first, discussed in Part II, is the prospective amendment on arbitration to the Brussels Regulation on Jurisdiction and Enforcement of Judgments; the second, discussed in Part III, is the transfer of exclusive competence over policy in the area of foreign direct investment, itself a developing arena of international arbitration, to the EU from the Member States. Because …

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Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish Jan 2011

Symposium Introduction – Beyond Borders: Extraterritoriality In American Law, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.

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Exploring The Connections Between Adoption And Ivf: Twibling Analyses, Susan Frelich Appleton, Robert A. Pollak Jan 2011

Exploring The Connections Between Adoption And Ivf: Twibling Analyses, Susan Frelich Appleton, Robert A. Pollak

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.

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