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

Social and Behavioral Sciences Commons™

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

Legal Studies

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 6571 - 6600 of 15137

Full-Text Articles in Social and Behavioral Sciences

Judicial Instructions And The Juror’S Ability To Disregard Inadmissible Evidence: Can Varying The Timing And Content Of Judicial Instructions Influence Juror Decision-Making?, Courtney Hougham Jan 2011

Judicial Instructions And The Juror’S Ability To Disregard Inadmissible Evidence: Can Varying The Timing And Content Of Judicial Instructions Influence Juror Decision-Making?, Courtney Hougham

Dissertations, Theses, and Capstone Projects

During the course of a trial, a judge will instruct the jury on how they are to act and reach decisions. The purpose of this study was to examine the effect of different judicial instructions on a juror's ability to evaluate testimony. The research looked at how instructions can interact with a juror's ability to disregard a piece of evidence ruled inadmissible for different reasons. The design was a 3x5 complete factorial design. The stimulus material was a murder trial summary with weak evidence against the defendant, with the key piece of testimony being a hair found on the victim …

Go to article

Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk Jan 2011

Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The arrival of ‘space tourism,’ or more appropriately ‘private spaceflight,’ requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorization and supervision, liability and registration, and how they re.ect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first …

Go to article

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger Jan 2011

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …

Go to article

Corporate Speech In The Wake Of Citizens United V. Federal Election Commission, Eric Groonwald Jan 2011

Corporate Speech In The Wake Of Citizens United V. Federal Election Commission, Eric Groonwald

All Graduate Theses, Dissertations, and Other Capstone Projects

This paper provides an overview of the Citizens United v. Federal Election Commission Supreme Court case and subsequent ruling. Discussion includes the impact on corporate electoral speech, current disclosure and disclaimer laws and reform options.

Go to article

Prospective Changes In Attributions Of Self-Blame And Social Reactions To Women’S Disclosures Of Adult Sexual Assault, Cynthia J. Najdowski, Sarah E. Ullman Jan 2011

Prospective Changes In Attributions Of Self-Blame And Social Reactions To Women’S Disclosures Of Adult Sexual Assault, Cynthia J. Najdowski, Sarah E. Ullman

Psychology Faculty Scholarship

The present longitudinal study examined relations between self-blame attributions and social reactions to disclosure in a community sample of adult sexual assault victims (N = 555). Cross-lagged panel analyses showed that neither characterological self-blame nor behavioral self-blame related to negative social reactions over the 1-year follow-up period. In contrast, characterological but not behavioral self-blame predicted fewer positive reactions over time. Although positive reactions did not reduce self-blame, negative reactions led to greater characterological, but not behavioral, self-blame during the course of the study. Thus, relations between self-blame and social reactions were not reciprocal but rather quite complex. The effects …

Go to article

Vulnerability And Protective Factors For Sexual Assault, Sarah E. Ullman, Cynthia J. Najdowski Jan 2011

Vulnerability And Protective Factors For Sexual Assault, Sarah E. Ullman, Cynthia J. Najdowski

Psychology Faculty Scholarship

Approximately 1 in 5 women experience sexual assaults in adulthood during their lives (see Post, this volume, for review), including experiences of unwanted sexual contact, sexual coercion, attempted rape, and completed rape that result from threat, force, or incapacitation from alcohol or drugs (either willingly or unwillingly consumed).

Go to article

The Prevalence And Predictive Nature Of Victimization, Substance Abuse & Mental Health On Recidivism: A Comparative Longitudinal Examination Of Male And Female Oregon Department Of Corrections Inmates, Anastacia Konstantinos Papadopulos Jan 2011

The Prevalence And Predictive Nature Of Victimization, Substance Abuse & Mental Health On Recidivism: A Comparative Longitudinal Examination Of Male And Female Oregon Department Of Corrections Inmates, Anastacia Konstantinos Papadopulos

Dissertations and Theses

As a consequence of increased awareness and the current scholarly debate regarding women's differential predictors of recidivism, criminal justice agencies are working with researchers in the field to expand their knowledge in this area. In 2007, Portland State University researchers in collaboration with the Oregon Department of Corrections conducted an investigation of factors emerging in the pathways and gender responsive literature as predictive of women's recidivism in a randomly selected sample of female (n=150) and male (n=150) inmates. This study used information gathered from that investigation for two purposes: (1) to assess the prevalence rates of victimization experiences (childhood, adolescent …

Go to article

Developmental Trajectories Of Self-Control: Assessing The Stability Hypothesis, James Vance Ray Jan 2011

Developmental Trajectories Of Self-Control: Assessing The Stability Hypothesis, James Vance Ray

USF Tampa Graduate Theses and Dissertations

A key proposition of Gottfredson and Hirschi's (1990) self-control theory is the stability hypothesis which suggests that an individual's level of self-control, once established between the ages of 8-10, is stable over the life course. Empirical results from examinations of the stability hypothesis have been mixed. Prior tests of the stability hypothesis have employed aggregate assessment methods (e.g., mean-level and correlational analyses). Such approaches fail to take into account the possibility that individual developmental pathways may differ. This study employs individual longitudinal data over a four year period for 3,249 7th to 10th grade subjects to assess the …

Go to article

Are Building Design Rating Systems Effective Towards The Goal Of Sustainability In The Design And Construction Of Public And Private Buildings And How Will New Energy Performance And Sustainable Design Requirements Affect The Professional Liability Of Building Design Professionals?, Samuel D. Transue Jan 2011

Are Building Design Rating Systems Effective Towards The Goal Of Sustainability In The Design And Construction Of Public And Private Buildings And How Will New Energy Performance And Sustainable Design Requirements Affect The Professional Liability Of Building Design Professionals?, Samuel D. Transue

HIM 1990-2015

The following paper will explore the future of sustainable building practices as it relates to building design rating systems and whether building design rating systems are effective in conserving energy and resources in the construction of new buildings. This paper will begin by highlighting some of the general principles behind sustainable design practices, and the challenges of determining if building design rating systems are utilized effectively towards the goal of sustainability. In addition, the paper will highlight issues specific to ongoing litigation in Gifford v. U.S. Green Building Council and allegations made within the lawsuit that question the methodology and …

Go to article

As God As My Witness: A Contemporary Analysis Of Theology's Presence In The Courtroom As It Relates To The "Oath Or Affirmation" Requirement Within The Florida Rules Of Evidence, Nicholas Scott Gurney Jan 2011

As God As My Witness: A Contemporary Analysis Of Theology's Presence In The Courtroom As It Relates To The "Oath Or Affirmation" Requirement Within The Florida Rules Of Evidence, Nicholas Scott Gurney

HIM 1990-2015

The existence of the oath in the courtroom can be traced back thousands of years throughout history, but the use, meaning, and effect of the oath in law has changed dramatically. The oath as we know it was once a powerful truth-telling instrument that our ancestors used to call upon a higher power. It was the belief of many that the oath itself was not sworn to man or state, but rather directly to a deity. The oath has since then evolved as a result of ever changing beliefs, fueled by increasing tolerance, shaping the oath into more of a …

Go to article

The Application Of Chemometrics To The Detection And Classification Of Ignitable Liquids In Fire Debris Using The Total Ion Spectrum, Jennifer N. Lewis Jan 2011

The Application Of Chemometrics To The Detection And Classification Of Ignitable Liquids In Fire Debris Using The Total Ion Spectrum, Jennifer N. Lewis

Electronic Theses and Dissertations

Current methods in ignitable liquid identification and classification from fire debris rely on pattern recognition of ignitable liquids in total ion chromatograms, extracted ion profiles, and target compound comparisons, as described in American Standards for Testing and Materials E1618-10. The total ion spectra method takes advantage of the reproducibility among sample spectra from the same American Society for Testing and Materials class. It is a method that is independent of the chromatographic conditions that affect retention times of target compounds, thus aiding in the use of computer-based library searching techniques. The total ion spectrum was obtained by summing the ion …

Go to article

Nebraska Strategic Plan 2012-2015, Ryan E. Spohn, Melissa Gray, Mike Behm, Lisa Stamm, Consortium For Crime And Justice Research, University Of Nebraska At Omaha Jan 2011

Nebraska Strategic Plan 2012-2015, Ryan E. Spohn, Melissa Gray, Mike Behm, Lisa Stamm, Consortium For Crime And Justice Research, University Of Nebraska At Omaha

Reports

The Consortium for Crime and Justice Research (CCJR) at the University of Nebraska at Omaha was tasked by the Nebraska Commission on Law Enforcement and Criminal Justice to facilitate the development of a three-year strategic plan for the use of Edward Byrne Memorial Justice Assistant Grant (JAG) funds. The Crime Commission serves as the State Administering Agency that is responsible for funding projects that fit into one or more of the seven JAG purpose areas: law enforcement programs; planning, evaluation, and technology improvement programs; prevention and education programs; drug treatment and enforcement programs; corrections and community corrections programs; prosecution and …

Go to article

Gangs And Gang Activity In America: A Prevention Report, Portland State University. Criminology And Criminal Justice Senior Capstone Jan 2011

Gangs And Gang Activity In America: A Prevention Report, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

This report covers information on gangs, gang activity, and gang prevention. The report reveals information such as the history of gangs in the U.S., the definition of “gang,” data on prevalence, persons affected by gang activity, demographics of gangs and their members, criminal activity committed by gangs, gang hierarchical structure, prevention strategies, and effectiveness of gang prevention programs.

Go to article

Forensic Analysis Of Plug Computers, Scott Conrad, Greg Dorn, Philip Craiger Jan 2011

Forensic Analysis Of Plug Computers, Scott Conrad, Greg Dorn, Philip Craiger

Publications

A plug computer is essentially a cross between an embedded computer and a traditional computer, and with many of the same capabilities. However, the architecture of a plug computer makes it difficult to apply commonly used digital forensic methods. This paper describes methods for extracting and analyzing digital evidence from plug computers. Two popular plug computer models are examined, the SheevaPlug and the Pogoplug.

Go to article

Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle Jan 2011

Gender Inequality In The Law: Deficiencies Of Battered Woman Syndrome And A New Solution To Closing The Gender Gap In Self-Defense Law, Meredith C. Doyle

CMC Senior Theses

Dr. Lenore Walker developed battered woman syndrome to address the issue of domestic violence and to give battered women a defense in situations in which they kill their abusive partners when they are not overtly threatening them. Self-defense law is based on male on male combat. Women are less able to protect themselves in an attack by a man, and so they may preemptively attack their sleeping partners to avoid a situation in which they cannot adequately protect themselves. Battered woman syndrome explains why these battered women act in a way that is irrational to a non-battered person. Walker's theory …

Go to article

Using Discourse Analysis Methodology To Teach "Legal English", Craig Hoffman Jan 2011

Using Discourse Analysis Methodology To Teach "Legal English", Craig Hoffman

Georgetown Law Faculty Publications and Other Works

In this study, I propose a curriculum focused on raising students’ linguistic awareness through rigorous discourse analysis and reflective writing in a legal context. Students analyze authentic, full-text legal documents using discourse analysis methodology. By carefully analyzing the language in legal opinions, appellate briefs, law review articles, law school exams, typical commercial contracts, and statutes, students become experts in analyzing and evaluating legal texts. Students learn to manipulate legal language to achieve various desired linguistic and legal effects. This approach has three primary advantages. First, it forces the students to carefully read authentic legal texts. Second, it gives students the …

Go to article

The Never Ending Attraction Of The Ponzi Scheme, Pearl Jacobs, Linda Schain Jan 2011

The Never Ending Attraction Of The Ponzi Scheme, Pearl Jacobs, Linda Schain

Criminal Justice Faculty Publications

In the 1920’s, Charles Ponzi engaged in a notorious money making scheme. This scheme had been tried before but no one prior to Charles Ponzi had managed to swindle millions of dollars out of unsuspecting people. Thus, the scheme bears his name. In December 2008, Bernard Madoff, a major Ponzi schemer, was exposed. He managed to con investors out of over $65 billion over a thirty year period. Madoff was a highly respected financial expert. The investors were mostly well educated and supposedly financially savvy. How did this happen? This paper will examine some theories which may help explain both …

Go to article

Texas Law Enforcement Resource Center: An Exploratory Study Of Fusion Center Databases, Tyler Lawrence Evenson Jan 2011

Texas Law Enforcement Resource Center: An Exploratory Study Of Fusion Center Databases, Tyler Lawrence Evenson

Criminology & Criminal Justice Theses - Archive

This research is a qualitative study examining fusion center databases, their value to the field of criminal justice, and their potential for shared information/education in the future. The research examines the growing trend of information sharing and analysis and describes a fusion center database created by the Center of Criminal Justice Research and Training within the Department of Criminology and Criminal Justice at the University of Texas at Arlington. Secondary data is reviewed and analyzed on current fusion centers to examine their methods of information gathering, analysis, program implementation, and overall mission.

Go to article

Column: File Cabinet Forensics, Simson Garfinkel Jan 2011

Column: File Cabinet Forensics, Simson Garfinkel

Journal of Digital Forensics, Security and Law

Researchers can spend their time reverse engineering, performing reverse analysis, or making substantive contributions to digital forensics science. Although work in all of these areas is important, it is the scientific breakthroughs that are the most critical for addressing the challenges that we face. Reverse Engineering is the traditional bread-and-butter of digital forensics research. Companies like Microsoft and Apple deliver computational artifacts (operating systems, applications and phones) to the commercial market. These artifacts are bought and used by billions. Some have evil intent, and (if society is lucky), the computers end up in the hands of law enforcement. Unfortunately the …

Go to article

Column: Putting The Science In Digital Forensics, Fred Cohen Jan 2011

Column: Putting The Science In Digital Forensics, Fred Cohen

Journal of Digital Forensics, Security and Law

In a recent study, digital forensics was found to lack a consensus around even the most basis notions and terminology of the field. To quote: “These two preliminary studies individually suggest that (1) scientific consensus in the area of digital forensic evidence examination is lacking in the broad sense, but that different groups within that overall community may have limited consensus around areas in which they have special expertise, and (2) that the current peerreviewed publication process is not acting to bring about the sorts of elements typically found in the advancement of a science toward such a consensus. ... …

Go to article

Technology Corner: Internet Packet Sniffers, Nick V. Flor, Kenneth Guillory Jan 2011

Technology Corner: Internet Packet Sniffers, Nick V. Flor, Kenneth Guillory

Journal of Digital Forensics, Security and Law

The best way to understand an internet packet sniffer, hereafter “packet sniffer”, is by analogy with a wiretap. A wiretap is a piece of hardware that allows a person to eavesdrop on phone conversations over a telephone network. Similarly, a packet sniffer is a piece of software that allows a person to eavesdrop on computer communications over the internet. A packet sniffer can be used as a diagnostic tool by network administrators or as a spying tool by hackers who can use it to steal passwords and other private information from computer users. Whether you are a network administrator or …

Go to article

Sampling: Making Electronic Discovery More Cost Effective, Milton Luoma, Vicki Luoma Jan 2011

Sampling: Making Electronic Discovery More Cost Effective, Milton Luoma, Vicki Luoma

Journal of Digital Forensics, Security and Law

With the huge volumes of electronic data subject to discovery in virtually every instance of litigation, time and costs of conducting discovery have become exceedingly important when litigants plan their discovery strategies. Rather than incurring the costs of having lawyers review every document produced in response to a discovery request in search of relevant evidence, a cost effective strategy for document review planning is to use statistical sampling of the database of documents to determine the likelihood of finding relevant evidence by reviewing additional documents. This paper reviews and discusses how sampling can be used to make document review more …

Go to article

Column: The Physics Of Digital Information, Fred Cohen Jan 2011

Column: The Physics Of Digital Information, Fred Cohen

Journal of Digital Forensics, Security and Law

No abstract provided.

Go to article

Developing A Forensic Continuous Audit Model, Grover S. Kearns, Katherine J. Barker, Stephen P. Danese Jan 2011

Developing A Forensic Continuous Audit Model, Grover S. Kearns, Katherine J. Barker, Stephen P. Danese

Journal of Digital Forensics, Security and Law

Despite increased attention to internal controls and risk assessment, traditional audit approaches do not seem to be highly effective in uncovering the majority of frauds. Less than 20 percent of all occupational frauds are uncovered by auditors. Forensic accounting has recognized the need for automated approaches to fraud analysis yet research has not examined the benefits of forensic continuous auditing as a method to detect and deter corporate fraud. The purpose of this paper is to show how such an approach is possible. A model is presented that supports the acceptance of forensic continuous auditing by auditors and management as …

Go to article

Analysis Of Data Remaining On Second Hand Adsl Routers, Patryk Szewczyk Jan 2011

Analysis Of Data Remaining On Second Hand Adsl Routers, Patryk Szewczyk

Journal of Digital Forensics, Security and Law

In theory, an ADSL router can provide an additional layer of security to a wired and wireless network through; access control, wireless encryption, firewall rule sets, and network event logging. An ADSL router may also contain the users’ usage habits and broadband account credentials. However, end-users may be unaware of the intricacies of the security measures available and the potentially confidential information stored on their device. As a result a second hand ADSL router may contain a wealth of user-specific information if not wiped and disposed of in a secure manner. This paper shows the data that was acquired from …

Go to article

Book Review: Online Privacy: Issues In The Digital Age, Darlene M. Tester Jan 2011

Book Review: Online Privacy: Issues In The Digital Age, Darlene M. Tester

Journal of Digital Forensics, Security and Law

This book is one of a series of books Currie has written about online areas of concern. This is the sixth book in the series. The purpose of the book is to act as a primer for people in the IT field who may need a point of reference for Internet issues such as gaming, security and privacy. The book takes a high level look at the complexities of privacy online from social networking to hackers and provides insight into what the most pressing issues of privacy are online today.

Go to article

Table Of Contents Jan 2011

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Go to article

Technology Corner: Virtual Crime Scene Reconstruction: The Basics Of 3d Modeling, Nick V. Flor Jan 2011

Technology Corner: Virtual Crime Scene Reconstruction: The Basics Of 3d Modeling, Nick V. Flor

Journal of Digital Forensics, Security and Law

Digital crime scenes take place in the context of physical crime scenes. Virtual crime scene reconstruction is an activity where investigators create a 3- dimensional (3-D) model of an actual crime scene for the purpose of determining the events that lead to the crime. While virtual crime scene reconstruction is currently used for analyzing physical scenes, it can also help investigators visualize and explore ways digital media could have been used to perpetrate a crime. In this technology corner we explore one of the technologies underlying virtual crime scene reconstruction: 3-D modeling.

Go to article

Working Inside The Box: An Example Of Google Desktop Search In A Forensic Examination, Timothy J. Latulippe Jan 2011

Working Inside The Box: An Example Of Google Desktop Search In A Forensic Examination, Timothy J. Latulippe

Journal of Digital Forensics, Security and Law

Information and the technological advancements for which mankind develops with regards to its storage has increased tremendously over the past few decades. As the total amount of data stored rapidly increases in conjunction with the amount of widely available computer-driven devices being used, solutions are being developed to better harness this data. These types of advancements are continually assisting investigators and computer forensic examiners. One such application which houses copious amounts of fruitful data is the Google Desktop Search program. Coupled with tested and verified techniques, examiners can exploit the power of this application to cater to their investigative needs. …

Go to article

Table Of Contents Jan 2011

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Go to article

First Prev Next Last