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Law Library Blog (June 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

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Legitimacy Of Taiwan’S Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy. By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit. As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced legitimacy concerns. Taiwan’s ambiguous …

The Application Of The Morton Principles In Canada Steamship Lines Ltd V The King In Singapore Reconsidered, Wee Ling Loo

Research Collection Yong Pung How School Of Law

For the interpretation of clauses that purportto allow a contracting party, the proferens, to exclude or limit, or beindemnified against, liability that arises by reason of his or his agents’negligence, certain principles were laid down by the Privy Council in 1952 inCanada Steamship Lines Ltd v The King. Famously known as the ‘Mortonprinciples’ (named after Lord Morton who delivered the judgment of the PrivyCouncil) or the ‘Canada SS rules’ or guidelines, they prescribe a three-steptest to determine if these clauses effectively provide the protection sought bythe proferens. In Singapore, the Court of Appeal in Marina Centre Holdings PteLtd v Pars …

Agency And Partnership Law [2015], Pearlie M. C. Koh, Stephen Noel Henry Bull

Research Collection Yong Pung How School Of Law

The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.

Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

How to ensure that minorities can be periodically elected, if we have not had a minority President for some time, is probably the most controversial term of reference for the high-powered Constitutional Commission chaired by Chief Justice Sundaresh Menon.

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …

El Piojo - Diseños, Glo No. 310, Monterey County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hornbeck Rancho Detail Sheet – A summary sheet generated from a land patent database that details the history of a rancho, along with the various state and federal agency record numbers relating to the rancho.

Bancroft Notes – Document detailing information and documents regarding a …

San Simeon - Diseños, Glo No. 322, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

National Archives Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of …

San Geronimo (Villavicencio) - Diseños, Glo No. 324, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

National Archives Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of …

Punta De La Laguna - Diseños, Glo No. 354, San Luis Obispo And Santa Barbara County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …

San Bernardo (Cane) - Diseños, Glo No. 326, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

National Archives Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of …

San Luisito - Diseños, Glo No. 327, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

National Archives Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of …

Pismo - Diseños, Glo No. 336, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of Land Cases …

San Miguelito [Avila Or Abila] - Diseños, Glo No. 355, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

National Archives Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of …

Santa Rosa (Estrada) - Diseños, Glo No. 323, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

National Archives Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of …

Santa Manuela - Diseños, Glo No. 338, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

National Archives Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of …

Suey - Diseños, Glo No. 350, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

National Archives Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of …

Santa Ysabel (Arce) - Diseños, Glo No. 319, San Luis Obispo County, And Associated Historical Documents

Individual Ranchos in Monterey and SLO Counties

National Archives Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hoffman Notes -- Summary of information concerning claims made for the Rancho lands from the Appendix listing Table of Land Claims in the Reports of …

Sim Card Forensics: Digital Evidence, Nada Ibrahim, Nuha Al Naqbi, Farkhund Iqbal, Omar Alfandi

Annual ADFSL Conference on Digital Forensics, Security and Law

With the rapid evolution of the smartphone industry, mobile device forensics has become essential in cybercrime investigation. Currently, evidence forensically-retrieved from a mobile device is in the form of call logs, contacts, and SMSs; a mobile forensic investigator should also be aware of the vast amount of user data and network information that are stored in the mobile SIM card such as ICCID, IMSI, and ADN. The aim of this study is to test various forensic tools to effectively gather critical evidence stored on the SIM card. In the first set of experiments, we compare the selected forensic tools in …

Assessing The Gap: Measure The Impact Of Phishing On An Organization, Brad Wardman

Annual ADFSL Conference on Digital Forensics, Security and Law

Phishing has become one of the most recognized words associated with cybercrime. As more organizations are being targeted by phishing campaigns, there are more options within the industry to deter such attacks. However, there is little research into how much damage these campaigns are causing organizations. This paper will show how financial organizations can be impacted by phishing and present a method for accurately quantifying resultant monetary losses. The methodology presented in this paper can be adapted to other organizations in order to quantify phishing losses across industries.

Keywords: phishing, cybercrime, economics

Wban Security Management In Healthcare Enterprise Environments, Karina Bahena, Manghui Tu

Annual ADFSL Conference on Digital Forensics, Security and Law

As healthcare data are pushed online, consumers have raised big concerns on the breach of their personal information. Law and regulations have placed businesses and public organizations under obligations to take actions to prevent such data breaches. Various vulnerabilities have been identified in healthcare enterprise environments, in which the Wireless Body Area Networks (WBAN) remains to be a major vulnerability, which can be easily taken advantage of by determined adversaries. Thus, vulnerabilities of WBAN systems and the effective countermeasure mechanisms to secure WBAN are urgently needed. In this research, first, the architecture of WBAN system has been explored, and the …

Forensics Analysis Of Privacy Of Portable Web Browsers, Ahmad Ghafarian

Annual ADFSL Conference on Digital Forensics, Security and Law

Web browser vendors offer a portable web browser option which is considered as one of the features that provides user privacy. Portable web browser is a browser that can be launched from a USB flash drive without the need for its installation on the host machine. Most popular web browsers have portable versions of their browsers as well. Portable web browsing poses a great challenge to computer forensic investigators who try to reconstruct the past browsing history, in case of any computer incidence. This research examines various sources in the host machine such as physical memory, temporary, recent, event files, …

Reverse Engineering A Nit That Unmasks Tor Users, Matthew Miller, Joshua Stroschein, Ashley Podhradsky

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper is a case study of a forensic investigation of a Network Investigative Technique (NIT) used by the FBI to deanonymize users of a The Onion Router (Tor) Hidden Service. The forensic investigators were hired by the defense to determine how the NIT worked. The defendant was ac- cused of using a browser to access illegal information. The authors analyzed the source code, binary files and logs that were used by the NIT. The analysis was used to validate that the NIT collected only necessary and legally authorized information. This paper outlines the publicly available case details, how the …

Malware In The Mobile Device Android Environment, Diana Hintea, Robert Bird, Andrew Walker

Annual ADFSL Conference on Digital Forensics, Security and Law

exploit smartphone operating systems has exponentially expanded. Android has become the main target to exploit due to having the largest install base amongst the smartphone operating systems and owing to the open access nature in which application installations are permitted. Many Android users are unaware of the risks associated with a malware infection and to what level current malware scanners protect them. This paper tests how efficient the currently available malware scanners are. To achieve this, ten representative Android security products were selected and tested against a set of 5,560 known and categorized Android malware samples. The tests were carried …

Forensic Analysis Of Smartphone Applications For Privacy Leakage, Diana Hintea, Chrysanthi Taramonli, Robert Bird, Rezhna Yusuf

Annual ADFSL Conference on Digital Forensics, Security and Law

Smartphone and tablets are personal devices that have diffused to near universal ubiquity in recent years. As Smartphone users become more privacy-aware and -conscious, research is needed to understand how “leakage” of private information (personally identifiable information – PII) occurs. This study explores how leakage studies in Droid devices should be adapted to Apple iOS devices. The OWASP Zed Attack Proxy (ZAP) is examined for 50 apps in various categories. This study confirms that: (1) most apps transmit unencrypted sensitive PII, (2) SSL is used by some recipient websites, but without corresponding app compliance with SSL, and (3) most apps …

Inferring Previously Uninstalled Applications From Residual Partial Artifacts, Jim Jones, Tahir Khan, Kathryn Laskey, Alex Nelson, Mary Laamanen, Douglas White

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper, we present an approach and experimental results to suggest the past presence of an application after the application has been uninstalled and the system has remained in use. Current techniques rely on the recovery of intact artifacts and traces, e.g., whole files, Windows Registry entries, or log file entries, while our approach requires no intact artifact recovery and leverages trace evidence in the form of residual partial files. In the case of recently uninstalled applications or an instrumented infrastructure, artifacts and traces may be intact and complete. In most cases, however, digital artifacts and traces are al- …

One-Time Pad Encryption Steganography System, Michael J. Pelosi, Gary Kessler, Michael Scott S. Brown

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we introduce and describe a novel approach to adaptive image steganography which is combined with One-Time Pad encryption, and demonstrate the software which implements this methodology. Testing using the state-of-the-art steganalysis software tool StegExpose concludes the image hiding is reliably secure and undetectable using reasonably-sized message payloads (≤25% message bits per image pixel; bpp). Payload image file format outputs from the software include PNG, BMP, JP2, JXR, J2K, TIFF, and WEBP. A variety of file output formats is empirically important as most steganalysis programs will only accept PNG, BMP, and possibly JPG, as the file inputs.

Keywords: …

California Legislature Act Of April 21, 1858, Stats 1858, Chap. 235, P. 198

Swamp and Overflow Lands Statutes

California Statute pertaining to the procedure for purchase of swamp and overflow lands, acreage limitation and exclusion.

California Legislature Amending And Conferring Act, May 13, 1861, Stats 1961, Chap. 352, P. 355california Statute Regarding Purchase Of Swamp And Overflow Land

Swamp and Overflow Lands Statutes

California Statute pertaining to the procedure for purchase of swamp and overflow lands from Commission for reclamation and appointment of engineer.

California Legislature Act Of March 31, 1891, Stats 1891, Chap. 157, P. 221

Swamp and Overflow Lands Statutes

California act allowing the United States Surveyor-General to return lands within the State as swamp and overflowed lands after lands are shown on approved township plats and patents have been or may be issued by the State; so long as it did not affect any homestead or preemption settler claim or any pending suit in any Court.