Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

2010

Institution
Keyword
Publication
Publication Type
File Type

Articles 61 - 90 of 361

Full-Text Articles in Social and Behavioral Sciences

A Layered Framework Approach To Mitigate Crimeware, Mathew Nyamagwa May 2010

A Layered Framework Approach To Mitigate Crimeware, Mathew Nyamagwa

Annual ADFSL Conference on Digital Forensics, Security and Law

Crimeware attacks are growing at such an alarming rate and are becoming so prevalent that the FBI now rank cybercrime among its top priorities after terrorism and espionage. New studies estimate cyber crimes cost firms an astounding $1 trillion annually. But the good news? Over 80% of them are preventable. Crimeware is not a purely technical threat but more or a socio-technical affair. This clearly brings out the fact that computers do not commit a crime, but we (humans) do! In this paper I propose a layered approach that involves all stakeholders from end-users to service-providers and law enforcement to …


Measuring Whitespace Patterns As An Indication Of Plagiarism, Ilana Shay, Nikolaus Baer, Robert Zeidman May 2010

Measuring Whitespace Patterns As An Indication Of Plagiarism, Ilana Shay, Nikolaus Baer, Robert Zeidman

Annual ADFSL Conference on Digital Forensics, Security and Law

There are several different methods of comparing source code from different programs to find copying1 . Perhaps the most common method is comparing source code statements, comments, strings, identifiers, and instruction sequences. However, there are anecdotes about the use of whitespace patterns in code. These virtually invisible patterns of spaces and tabs have been used in litigation to imply copying, but no formal study has been performed that shows that these patterns can actually identify copied code. This paper presents a detailed study of whitespace patterns and the uniqueness of these patterns in different programs.

Keywords: Copyright Infringement, Intellectual Property, …


Electronic Discovery: A Fool’S Errand Where Angels Fear To Tread?, Milton Luoma, Vicki Luoma May 2010

Electronic Discovery: A Fool’S Errand Where Angels Fear To Tread?, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

Electronic discovery has transformed the discovery phase of civil litigation in recent years. The expectations of lawyers and parties were initially established in the Rowe and Zubulake cases that led to a complete revision of the electronic discovery rules contained in the Federal Rules of Civil Procedure. Subsequent cases have underscored the importance of document search methodologies and implications for attorneys, IT professionals, and digital forensics professionals. The authors review how electronic discovery has evolved thus far and offer recommendations regarding the electronic discovery process.

Keywords: Electronic discovery, e-discovery, keyword search, concept search,


Hard Disk Storage: Firmware Manipulation And Forensic Impact And Current Best Practice, Gareth Davies, Iain Sutherland May 2010

Hard Disk Storage: Firmware Manipulation And Forensic Impact And Current Best Practice, Gareth Davies, Iain Sutherland

Annual ADFSL Conference on Digital Forensics, Security and Law

The most common form of storage media utilized in both commercial and domestic systems is the hard disk drive, consequently these devices feature heavily in digital investigations. Hard disk drives are a collection of complex components. These components include hardware and firmware elements that are essential for the effective operation of the drive. There are now a number of devices available, intended for data recovery, which can be used to manipulate the firmware components contained within the drive. It has been previously shown that it is possible to alter firmware for malicious purposes, either to conceal information or to prevent …


Social Networking: A Boon To Criminals, Tejashree D. Datar, Richard Mislan May 2010

Social Networking: A Boon To Criminals, Tejashree D. Datar, Richard Mislan

Annual ADFSL Conference on Digital Forensics, Security and Law

With the world getting more and more digitized, social networking has also found a place in the cyber world. These social networking sites (SNSs) which enable people to socialize, and build and maintain relationships are attracting attention of all kinds of people such as teens, adults, sports persons, and even businesses. But these SNSs are also getting unwanted attention from people like sexual predators, spammers, and people involved in criminal and illegal activities. This paper talks about SNSs and how these sites are exploited for criminal or illegal activity. The SNSs are discussed in detail with respect to user profiles, …


Organizational Handling Of Digital Evidence, Sheona A. Hoolachan, William B. Glisson May 2010

Organizational Handling Of Digital Evidence, Sheona A. Hoolachan, William B. Glisson

Annual ADFSL Conference on Digital Forensics, Security and Law

There are a number of factors that impact a digital forensics investigation. These factors include: the digital media in question, implemented processes and methodologies, the legal aspects, and the individuals involved in the investigation. This paper presents the initial idea that Digital Forensic Practice (DFP) recommendations can potentially improve how organizations handle digital evidence. The recommendations are derived from an in-depth survey conducted with practitioners in both commercial organizations and law enforcement along with supporting literature. The recommendations presented in this paper can be used to assess an organization’s existing digital forensics practices and a guide to Digital Forensics Improvement …


A Framework To Integrate The Data Of Interview Investigation And Digital Evidence, Fahad Alshathry May 2010

A Framework To Integrate The Data Of Interview Investigation And Digital Evidence, Fahad Alshathry

Annual ADFSL Conference on Digital Forensics, Security and Law

The physical interview process in crime investigation produces an extremely large amount of data, particularly in big cases. In comparison, examiners of digital evidence have enormous amounts of data to search through whilst looking for data relating to the investigation. However, the links between their results are limited. Whilst investigators need to refute or support their hypothesis throughout, digital evidence examiners often use search based keywords. These keywords are usually created from evidence taken from the physical investigation reports and this basic method has been found to have many shortcomings and limitations. This paper proposes a highly automatic framework to …


Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli May 2010

Developing Voip Honeypots: A Preliminary Investigation Into Malfeasant Activity, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

30 years ago PABX systems were compromised by hackers wanting to make long distance calls at some other entities expense. This activity faded as telephony became cheaper and PABX systems had countermeasures installed to overcome attacks. Now the world has moved onto the provision of telephony via broadband enabled Voice over Internet Protocol (VoIP) with this service now being provided as a replacement for conventional fixed wire telephony by major telecommunication providers worldwide. Due to increasing bandwidth it is possible for systems to support multiple voice connections simultaneously. The networked nature of the Internet allows for attackers of these VoIP …


Higate (High Grade Anti‐Tamper Equipment) Prototype And Application To E‐Discovery, Yui Sakurai, Yuki Ashino, Tetsutaro Uehara, Hiroshi Yoshiura, Ryoichi Sasaki May 2010

Higate (High Grade Anti‐Tamper Equipment) Prototype And Application To E‐Discovery, Yui Sakurai, Yuki Ashino, Tetsutaro Uehara, Hiroshi Yoshiura, Ryoichi Sasaki

Annual ADFSL Conference on Digital Forensics, Security and Law

These days, most data is digitized and processed in various ways by computers. In the past, computer owners were free to process data as desired and to observe the inputted data as well as the interim results. However, the unrestricted processing of data and accessing of interim results even by computer users is associated with an increasing number of adverse events. These adverse events often occur when sensitive data such as personal or confidential business information must be handled by two or more parties, such as in the case of e-Discovery, used in legal proceedings, or epidemiologic studies. To solve …


Beyond Racial Precedents: Loving V. Virginia As An Appropriate Legal Model And Strategy For Same-Sex Marriage Litigation, Michael J. Csere May 2010

Beyond Racial Precedents: Loving V. Virginia As An Appropriate Legal Model And Strategy For Same-Sex Marriage Litigation, Michael J. Csere

Honors Scholar Theses

This thesis explores how LGBT marriage activists and lawyers have employed a racial interpretation of due process and equal protection in recent same-sex marriage litigation. Special attention is paid to the Supreme Court's opinion in Loving v. Virginia, the landmark case that declared anti-miscegenation laws unconstitutional. By exploring the use of racial precedent in same-sex marriage litigation and its treatment in state court cases, this thesis critiques the racial interpretation of due process and equal protection that became the basis for LGBT marriage briefs and litigation, and attempts to answer the question of whether a racial interpretation of due process …


Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon May 2010

Think Outside The Cell: Are Binding Detention Standards The Most Effective Strategy To Prevent Abuses Of Detained Illegal Aliens?, Federico D. Burlon

Political Science Honors Projects

In the last twenty years the U.S. government has increasingly utilized detention to control illegal immigration. This practice has become controversial because it has caused numerous in-custody abuses and deaths of immigrants, asylum seekers, refugees and even citizens. Immigrant rights advocates have called for the passage of binding detention standards to prevent in-custody abuses. This thesis’s policy analysis reveals, however, that while they may finesse the practice of immigration detention, such binding standards would be ineffective in protecting immigrants’ rights. Instead this policy analysis calls for and explains the feasibility of discontinuing the practice of mass immigrant detention.


Developing A Baccalaureate Digital Forensics Major, John H. Riley May 2010

Developing A Baccalaureate Digital Forensics Major, John H. Riley

Annual ADFSL Conference on Digital Forensics, Security and Law

As colleges and universities consider instituting a bachelor’s degree in digital forensics or computer forensics, there are numerous questions to be addressed. While some of these normally occur in the development of any new major, there are aspects of digital forensics which do not often (if ever) occur in other majors. We discuss the issues that should be resolved in the development of a baccalaureate degree program in digital forensics.

Keywords: Digital forensics major. Computer forensics major.


Assessing The Legality Of Solitary Confinement, Steven Debraccio May 2010

Assessing The Legality Of Solitary Confinement, Steven Debraccio

Criminal Justice

No abstract provided.


Putting Forfeiture To Work, Sarah M. Buel May 2010

Putting Forfeiture To Work, Sarah M. Buel

SARAH M BUEL

Intimate partner violence (“IPV”) victims are increasingly turning to the courts for help, too often with poor results. Successful witness tampering by offenders sabotages the court system by silencing victims through an array of unlawful conduct, including coercion and violence. The doctrine of forfeiture by wrongdoing should afford a viable solution, but several obstacles constrain its efficacy. Much confusion exists regarding witness tampering and forfeiture law as a result of the recent trilogy of the Crawford, Davis, and Giles Supreme Court decisions. Their cumulative effect is decreased doctrinal uniformity within a perplexing scheme that is difficult to implement. The resulting …


Liberalism And The Limits Of Inclusion: Race And Immigration Law In The Americas, 1850-2000, David Cook-Martín, David Fitzgerald May 2010

Liberalism And The Limits Of Inclusion: Race And Immigration Law In The Americas, 1850-2000, David Cook-Martín, David Fitzgerald

David Cook-Martín

The relationship between classical political liberalism and racism poses distinct puzzles for different schools of scholarship. On the one hand, conventional accounts maintain that racism has been an aberration in politically liberal regimes. In the field of international migration, prominent analysts have argued that politically liberal regimes are inherently incompatible with legal discrimination based on race. Yet an examination of immigration and nationality laws throughout the Americas from 1850 to 2000 suggests that racial discrimination has been more common in liberal than in illiberal countries of immigration. These empirical findings puzzle scholars who assume (1) the progressive extension of rights …


Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Brooke Lahaie May 2010

Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Brooke Lahaie

UNLV Theses, Dissertations, Professional Papers, and Capstones

The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges' sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …


Displacement Or Diffusion: A Secondary Analysis Of The Las Vegas Safe Village Initiative, Daniel Duane Swanson May 2010

Displacement Or Diffusion: A Secondary Analysis Of The Las Vegas Safe Village Initiative, Daniel Duane Swanson

UNLV Theses, Dissertations, Professional Papers, and Capstones

Police initiatives have been implemented by many agencies in an attempt to curtail growing crime rates. The Las Vegas Metropolitan Police Department implemented the "Safe Village Initiative" to address this issue in west Las Vegas. This deterrence based model reduced calls for service in the target area with a diffusion of benefits to the surrounding neighborhoods.

The current study will analyze two research questions pertaining to the "Safe Village Initiative". The first will assess the possibility that a displacement of crime occurred as a result of the treatment. The second research question will address whether, if no displacement occurred, there …


Terrorism Ideology And Perceptions Of Homeland Security In Tennessee Law Enforcement, Adam Baldwin May 2010

Terrorism Ideology And Perceptions Of Homeland Security In Tennessee Law Enforcement, Adam Baldwin

Masters Theses and Doctoral Dissertations

Homeland security is a concept that has become firmly embedded in American society since the events of September 11, 2001. While recent research has begun to study the implications of homeland security in state and local law enforcement, few have focused on perceptions of homeland security ideology, policy, and practice. Therefore, this study focuses on the impact that homeland security ideology, policy, and practice has had on the local law enforcement community by examining the varying levels of individual understanding, agreement, and support for the concept. Moderate levels of agreement were found regarding homeland security clarity at federal, state, and …


Childhood Animal Cruelty Methods And Their Link To Adult Interpersonal Violence, Brandy B. Henderson May 2010

Childhood Animal Cruelty Methods And Their Link To Adult Interpersonal Violence, Brandy B. Henderson

Masters Theses and Doctoral Dissertations

Recent research has begun to establish a relationship between childhood acts of animal cruelty and later violence against humans. However, few studies have focused on the influence of animal cruelty methods on later interpersonal violence. In a replication of a study by Hensley and Tallichet (2009) and based on a sample of 180 inmates at medium- and maximum-security prisons in a Southern state, the present study examines the relationship between several retrospectively-identified animal cruelty met hods (drowned, hit, shot, kicked, choked, burned, and had sex with) and interpersonal violence committed against humans. Four out of five inmates reported hitting animals. …


Views Of Justification And Blame Of Violent Interpersonal Dating Relationships, Christina Policastro May 2010

Views Of Justification And Blame Of Violent Interpersonal Dating Relationships, Christina Policastro

Masters Theses and Doctoral Dissertations

There is an abundant amount of literature dedicated to examining perceptions of domestic violence. Despite the substantial amount of literature, few studies have focused on attitudes toward domestic violence in dating relationships. This study uses a large convenience sample of college students to investigate how college students assign responsibility when presented with two domestic violence scenarios that vary contextually. One scenario depicts a conventional male on female case of intimate partner violence while the other is a more ambiguous scenario involving behaviors that could be construed as “mutual violence.” Bivariate and multivariate analyses were employed to analyze the effects of …


Crime Is Not Just A Man's World: Perceptions Of Female Offenders Through A Feminist Lens, Marianne Hudson May 2010

Crime Is Not Just A Man's World: Perceptions Of Female Offenders Through A Feminist Lens, Marianne Hudson

Boise State University Theses and Dissertations

Using the scale on feminist views developed by Henley et al. (1998), this study adapted and created two survey instruments to measure views on feminism and female offenders: 1) the Societal Perspectives Scale, which measures a respondent’s views of feminism; and 2) the Female Offender Perspectives Scale, which measures a respondent’s views of female offenders. Using these survey instruments and convenience sampling, the current study examined college students’ perceptions of feminism and female offenders. This study sought to investigate the following hypotheses: 1) the reliability of the survey instruments, especially the Female Offender Perspectives Scale; and 2) the predictive value …


Langdell And The Invention Of Legal Doctrine, Catharine Pierce Wells May 2010

Langdell And The Invention Of Legal Doctrine, Catharine Pierce Wells

Buffalo Law Review

No abstract provided.


How Do Idaho’S Lineups Line Up? An Exploratory Study On Congruence To Nationally Recommended Practices In Eyewitness Identification Procedure, Nichole Jolein Gerhard May 2010

How Do Idaho’S Lineups Line Up? An Exploratory Study On Congruence To Nationally Recommended Practices In Eyewitness Identification Procedure, Nichole Jolein Gerhard

Boise State University Theses and Dissertations

The following research is an exploratory study into the level of congruence of Idaho law enforcement agencies to nationally recommended best practices in eyewitness identification procedure. Based on a series of questions relating specifically to the use of recommended procedures in eyewitness identification, law enforcement agencies were graded and assessed an individual score within two different levels of congruence: overall and functional. With three possible groups, desirable, average, and poor, the majority of Idaho departments received scores placing them in average standing for both overall and functional congruence. Three dominant themes in the research (agency type, written procedure, and officer …


Predicting Police Discretion: A Traffic Stop Analysis, Andrew Girard May 2010

Predicting Police Discretion: A Traffic Stop Analysis, Andrew Girard

Honors Projects

Examines Donald Black's (1976) theory of pure sociology with data from traffic stops collected over eight months during seventy hours of "ride alongs" with eight different police departments in Rhode Island. Posits that the social structure of each traffic stop is predictable based on observable characteristics of the parties involved and that distance in social space increases the likelihood of a police officer issuing a citation to a driver, while social characteristics similar to that of the police officer reduces the likelihood of a driver receiving a citation. Twenty-one variables throught to impact a police officer's discretion are analyzed. As …


Libel In Mississippi, 1798-1832, Muriel Ann Everton May 2010

Libel In Mississippi, 1798-1832, Muriel Ann Everton

Dissertations

The Mississippi Territory officially became part of the United States in 1798. The territory was to be governed under the rules of the Northwest Ordinance, but those who went to govern the area found a culture that required the use of common law to settle the disputes arising from prior governments under other nations. With no precedents on which to rely, disputes led, at first, to dueling and then to libel cases. Both common law and common sense prevailed while many of the disagreements were aired publicly in newspapers. Mississippi’s first printer, Andrew Marschalk, using his First Amendment rights, wrote …


Factors Influencing Attitudes Towards Prostitution, Brian Robert Brehman May 2010

Factors Influencing Attitudes Towards Prostitution, Brian Robert Brehman

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine the factors that influence attitudes towards prostitution. Students from University of Nevada, Las Vegas and University of British Columbia (N=591) were compared based on their responses to the Attitudes Towards Prostitution (ATP) Scale and by demographic differences. Analysis of variance (ANOVA) identified significant differences in ethnicity, religiosity, and certain sexual experiences. Regression analysis revealed location of students and religiosity were significant predictors of attitudes.


Characteristics Of Adolescent Females Sexually Exploited Through Prostitution, Alanna Robinson May 2010

Characteristics Of Adolescent Females Sexually Exploited Through Prostitution, Alanna Robinson

UNLV Theses, Dissertations, Professional Papers, and Capstones

Adolescent females are becoming the fastest growing population amongst juveniles being held in detention and referred to juvenile courts. Unfortunately such increases are linked to a lack of alternative services available for youths during the adjudication process. Upon being arrested, delinquent girls are suffering from a host of health, emotional and social issues for which there is also a lack of programming and detailed research. However, emerging evidence indicates that female delinquency is characterized by a multitude of overlapping problems that distinguish them from male delinquents. Issues include poor mental health, history of child abuse, substance abuse among parents and …


Sex, Drug Courts, And Recidivism, Doria Nour Dandan May 2010

Sex, Drug Courts, And Recidivism, Doria Nour Dandan

UNLV Theses, Dissertations, Professional Papers, and Capstones

Research studies have identified gender differences in the drug abusing patterns and treatment needs of men and women. Even so, studies on the drug court model have not assessed drug court effectiveness across sex. Using secondary data collected from the Ada County Drug Court, the recidivism rates of drug court participants (n=259) and probationers (n=235) were analyzed. Drug court participants were found to be less likely to recidivate compared to probationers, which supports previous research on drug court effectiveness. Regression analyses failed to find an interaction between group membership and sex, thereby indicating that the effect of the drug court …


Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace May 2010

Assessing The Impact Of Police Order Maintenance Units On Crime: An Application Of The Broken Windows Hypothesis, Steven Andrew Pace

UNLV Theses, Dissertations, Professional Papers, and Capstones

High levels of violent crime and disorder area concentrated within certain neighborhoods of northwest Las Vegas, Nevada. In April 2009 a police order-maintenance unit designed to reduce minor and major offenses was initiated in these areas. Drawing on the Broken Windows Hypothesis, the unit combined detailed crime analysis with extensive police efforts to address specific community problems. This paper discusses the implementation and impact of the police order-maintenance unit during its operation.


From Drunken Drivers To Prostitutes And Shoplifters: The Onset Of The Great Depression And Shifting Police Priorities In Grand Rapids, Michigan, 1928-1934, Sarah J. Sweers Apr 2010

From Drunken Drivers To Prostitutes And Shoplifters: The Onset Of The Great Depression And Shifting Police Priorities In Grand Rapids, Michigan, 1928-1934, Sarah J. Sweers

Honors Projects

No abstract provided.