Social and Behavioral Sciences Commons^™

Lawyering In The Academy: The Intersection Of Academic Freedom And Professional Responsibility, Peter A. Joy

Scholarship@WashULaw

The legal academy has given little thought to how practicing law within law schools affects professional responsibilities and is different from representing clients in a traditional law firm or how notions of academic freedom affect lawyering in law schools. Yet repeated attempts to interfere with law clinic representation starkly illustrate how lawyering in the academy might be different, under notions of professional responsibility and academic freedom, from other lawyering or typical law teaching.

Scholarship on interference in clinical programs has focused primarily on the impropriety of interference on the institutional autonomy of law schools by those outside the university, such …

The C.A.P. Effect: Racial Profiling In The Ice Criminal Alien Program, Trevor George Gardner, Aarti Kohli

Scholarship@WashULaw

The goal of the Criminal Alien Program (CAP) is to improve safety by promoting federal-local partnerships to target serious criminal offenders for deportation. Indeed, the U.S. Congress has made clear that Immigration and Customs Enforcement (ICE) “should have no greater immigration enforcement priority than to remove deportable aliens with serious criminal histories from the United States…” The Warren Institute’s analysis of arrest data pursuant to an ICE-local partnership in Irving, Texas demonstrates that ICE is not following Congress’ mandate to focus resources on the deportation of immigrants with serious criminal histories.

This study also shows that immediately after Irving, Texas …

Judging The Judges, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

The evaluation of judges, especially circuit court judges, has commanded increased attention, with the quantitative analyses of Stephen Choi and Mitu Gulati. However, the proper dimensions for the evaluation of judges remains much disputed. Critics have challenged Choi & Gulati’s scales for measuring judicial quality but have offered little that is positive that would improve measurement. The critics make philosophical challenges to whether the measures truly capture the qualities of judging we should desire, but they offer no measurement tools to improve on Choi and Gulati.

We hope to advance the theoretical and empirical evaluation by incorporating different scales for …

Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz

Scholarship@WashULaw

Environmental experts come from many fields, including biology, geosciences, ecology, chemistry, engineering, social science, and economics. Each discipline has its own set of norms, practices, ethics, guidelines, and procedures, which differ from those of the legal profession. Wherever the disciplines intersect, there is a potential for disagreement. This Article examines one such set of potential clashes — the conflict between a lawyer‘s duties of loyalty and confidentiality, and the engineer‘s paramount duty to the public health, safety, and welfare.

The Enhancement Of Graduate Digital Forensics Education Via The Dc3 Digital Forensics Challenge, Timothy H. Lacey, Gilbert L. Peterson, Robert F. Mills

Faculty Publications

No abstract provided.

The Forensic Analysis Of Triacetone Triperoxide (Tatp) Precursors And Synthetic By-Products, Kimberly Painter

Electronic Theses and Dissertations

Triacetone Triperoxide (TATP) is a primary high explosive that can be synthesized using commercially available starting materials and has grown in use among terrorists over the past several years. Additives present in the precursors were investigated to see if they carry through the TATP synthesis and can be detected in the final product potentially aiding in the identification of the source. Additives identified in the acetones were also identified in pre-blast and in some post-blast samples. However, these additives are present in trace quantities relative to the TATP, which coupled with the volatility and short lifetimes of some of the …

Education And Crime, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this chapter is to provide an overview of the topic of education and crime. While at first glance this appears to be a simple task, there is an inherent complexity in examining such a broad subject. There are many different perspectives from which a discussion of education and crime could develop. Criminologists might assume this would be an overview of the impact that an individual’s education level may have upon their criminal or anti-social behavior. On the other hand, parents might assume this is a discussion of the impact of school violence and crime upon the safety …

Managing Performance [In Child Welfare Supervision], Megan E. Paul, Michelle Graef, Erika J. Robinson, Kristin Saathoff

Center on Children, Families, and the Law: Faculty Publications

One of the primary roles of a supervisor is to manage worker performance. Performance management is the "continuous process of identifying, measuring, and developing the performance of individuals and teams and aligning performance with the strategic goals of the organization" (Aguinis, 2007, p. 2). Supervisors must regularly assess current performance levels and take steps to improve performance in a way that is congruent with agency goals. The ultimate goal is to achieve agency objectives through individual and team performance.

To effectively manage performance, supervisors must know what the performance expectations are for workers and clearly communicate these expectations to workers. …

District Of Columbia V. Heller And Originalism, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

On June 26, 2008, the United States Supreme Court handed down its 5-4 decision in District of Columbia v. Heller, striking a District of Columbia statute that prohibits the possession of useable handguns in the home on the ground that it violated the Second Amendment to the United States Constitution. Justice Scalia's majority opinion drew dissents from Justice Stevens and Justice Breyer. Collectively, the opinions in Heller represent the most important and extensive debate on the role of original meaning in constitutional interpretation among the members of the contemporary Supreme Court.

This article investigates the relationship between originalist constitutional …

Forensic Analysis Of The Sony Playstation Portable, Scott Conrad, Carlos Rodriguez, Chris Marberry, Philip Craiger

Publications

The Sony PlayStation Portable (PSP) is a popular portable gaming device with features such as wireless Internet access and image, music and movie playback. As with most systems built around a processor and storage, the PSP can be used for purposes other than it was originally intended – legal as well as illegal. This paper discusses the features of the PSP browser and suggests best practices for extracting digital evidence.

Organizational Approaches To Drug Law Enforcement By Local Police Departments In The United States: Specialized Drug Units And Participation In Multi-Agency Drug Task Forces, Robert M. Lombardo, David E. Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

This paper examines the factors associated with the decision of local police departments in the United States to operate specialized drug units or to participate in multi-jurisdictional drug task forces. Combining data from the Law Enforcement Management and Administrative Statistics (LEMAS) Survey, the 2000 Census, and the Uniform Crime Report, we use both bivariate and multivariate methods to conduct the analysis. The findings indicate that county-level agencies, those with other formalized drug control efforts, high levels of violent crime, high degrees of task specialization and formalization, and high proportions of the resident population accounted for by renters were more likely …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Online Child Sexual Abuse: The French Response, Mohamed Chawki

Journal of Digital Forensics, Security and Law

Online child sexual abuse is an increasingly visible problem in society today. The introduction, growth and utilization of information and telecommunication technologies (ICTs) have been accompanied by an increase in illegal activities. With respect to cyberspace the Internet is an attractive environment to sex offenders. In addition to giving them greater access to minors, extending their reach from a limited geographical area to victims all around the world, it allows criminals to alter or conceal their identities. Sexual predators, stalkers, child pornographers and child traffickers can use various concealment techniques to make it more difficult for investigators to identify them …

Correlating Orphaned Windows Registry Data Structures, Damir Kahvedžić, Tahar Kechadi

Journal of Digital Forensics, Security and Law

Recently, it has been shown that deleted entries of the Microsoft Windows registry (keys) may still reside in the system files once the entries have been deleted from the active database. Investigating the complete keys in context may be extremely important from both a Forensic Investigation point of view and a legal point of view where a lack of context can bring doubt to an argument. In this paper we formalise the registry behaviour and show how a retrieved value may not maintain a relation to the part of the registry it belonged to and hence lose that context. We …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Continuous Fraud Detection In Enterprise Systems Through Audit Trail Analysis, Peter J. Best, Pall Rikhardsson, Mark Toleman

Journal of Digital Forensics, Security and Law

Enterprise systems, real time recording and real time reporting pose new and significant challenges to the accounting and auditing professions. This includes developing methods and tools for continuous assurance and fraud detection. In this paper we propose a methodology for continuous fraud detection that exploits security audit logs, changes in master records and accounting audit trails in enterprise systems. The steps in this process are: (1) threat monitoringsurveillance of security audit logs for ‘red flags’, (2) automated extraction and analysis of data from audit trails, and (3) using forensic investigation techniques to determine whether a fraud has actually occurred. We …

A Synopsis Of Proposed Data Protection Legislation In Sa, Francis S. Cronjé

Journal of Digital Forensics, Security and Law

Privacy International1 made the following statement regarding South Africa’s financial sector in its 2005 world survey: “South Africa has a well-developed financial system and banking infrastructure. Despite the sophistication of the financial sector, the privacy of financial information is weakly regulated by a code of conduct for banks issued by the Banking Council.” This extract highlights some of the problems South Africa are experiencing with its current status on privacy as viewed from an International perspective. In recent years the International society has stepped up its efforts in creating a global village wherein the individual could be assured of having …

Bluetooth Hacking: A Case Study, Dennis Browning, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This paper describes a student project examining mechanisms with which to attack Bluetooth-enabled devices. The paper briefly describes the protocol architecture of Bluetooth and the Java interface that programmers can use to connect to Bluetooth communication services. Several types of attacks are described, along with a detailed example of two attack tools, Bloover II and BT Info.

Detection Of Steganography-Producing Software Artifacts On Crime-Related Seized Computers, Asawaree Kulkarni, James Goldman, Brad Nabholz, William Eyre

Journal of Digital Forensics, Security and Law

Steganography is the art and science of hiding information within information so that an observer does not know that communication is taking place. Bad actors passing information using steganography are of concern to the national security establishment and law enforcement. An attempt was made to determine if steganography was being used by criminals to communicate information. Web crawling technology was used and images were downloaded from Web sites that were considered as likely candidates for containing information hidden using steganographic techniques. A detection tool was used to analyze these images. The research failed to demonstrate that steganography was prevalent on …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Prevention Is Better Than Prosecution: Deepening The Defence Against Cyber Crime, Jacqueline Fick

Journal of Digital Forensics, Security and Law

In the paper the author proposes that effectively and efficiently addressing cyber crime requires a shift in paradigm. For businesses and government departments alike the focus should be on prevention, rather than the prosecution of cyber criminals. The Defence in Depth strategy poses a practical solution for achieving Information Assurance in today’s highly networked environments. In a world where “absolute security” is an unachievable goal, the concept of Information Assurance poses significant benefits to securing one of an organization’s most valuable assets: Information. It will be argued that the approach of achieving Information Assurance within an organisation, coupled with the …

To License Or Not To License Revisited: An Examination Of State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Doug White, Alan Rea

Journal of Digital Forensics, Security and Law

In this update to the previous year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. After identification and review of Private Investigator licensing requirements, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. After contacting all state agencies the authors present a distinct grouping organizing state approaches to professional Digital Examiner licensing. The authors conclude that states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.

The Impact Of Hard Disk Firmware Steganography On Computer Forensics, Iain Sutherland, Gareth Davies, Nick Pringle, Andrew Blyth

Journal of Digital Forensics, Security and Law

The hard disk drive is probably the predominant form of storage media and is a primary data source in a forensic investigation. The majority of available software tools and literature relating to the investigation of the structure and content contained within a hard disk drive concerns the extraction and analysis of evidence from the various file systems which can reside in the user accessible area of the disk. It is known that there are other areas of the hard disk drive which could be used to conceal information, such as the Host Protected Area and the Device Configuration Overlay. There …

Electronic Forms-Based Computing For Evidentiary Analysis, Andy Luse, Brian Mennecke, Anthony M. Townsend

Journal of Digital Forensics, Security and Law

The paperwork associated with evidentiary collection and analysis is a highly repetitive and time-consuming process which often involves duplication of work and can frequently result in documentary errors. Electronic entry of evidencerelated information can facilitate greater accuracy and less time spent on data entry. This manuscript describes a general framework for the implementation of an electronic tablet-based system for evidentiary processing. This framework is then utilized in the design and implementation of an electronic tablet-based evidentiary input prototype system developed for use by forensic laboratories which serves as a verification of the proposed framework. The manuscript concludes with a discussion …

Graduate Accounting Students' Perception Of It Forensics: A Multi-Dimensional Analysis, Grover S. Kearns

Journal of Digital Forensics, Security and Law

Forensics and information technology (IT) have become increasingly important to accountants and auditors. Undergraduate accounting students are introduced to general IT topics but discussion of forensic knowledge is limited. A few schools have introduced an undergraduate major in forensic accounting. Some graduate schools offer accounting students an emphasis in forensic or fraud accounting that includes instruction in forensics and information technology. When students do not view the IT topics as being equally important to their careers as traditional accounting topics, these attitudes may reduce the quality of the course. In an effort to assess student attitudes, a survey of 46 …

Book Review: Cyber Security And Global Information Assurance: Threat Analysis And Response Solutions, Gary C. Kessler

Journal of Digital Forensics, Security and Law

I freely admit that this book was sent to me by the publisher for the expressed purpose of my writing a review and that I know several of the chapter authors. With that disclosure out of the way, let me say that the book is well worth the review (and I get to keep my review copy).
The preface to the book cites the 2003 publication of The National Strategy to Secure Cyberspace by the White House, and the acknowledgement by the U.S. government that our economy and national security were fully dependent upon computers, networks, and the telecommunications infrastructure. …

The Real Student-Loan Scandal: Undue Hardship Discharge Litigation, Rafael I. Pardo, Michelle R. Lacey

Scholarship@WashULaw

For a debtor to obtain a discharge of educational debt in bankruptcy, an adversary proceeding between the debtor and the creditor must be initiated, and the debtor must establish that repayment of the debt would impose an undue hardship. This empirical study documents and analyzes trial-level outcomes of such proceedings. An original data set has been compiled of all terminated undue hardship discharge proceedings in the U.S. Bankruptcy Court for the Western District of Washington that were commenced during the five-year period beginning on January 1, 2002 and ending on December 31, 2006. The study seeks to provide an account …

An Empirical Examination Of Access To Chapter 7 Relief By Pro Se Debtors, Rafael I. Pardo

Scholarship@WashULaw

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) represents the most significant overhaul of federal bankruptcy law since the Bankruptcy Code’s enactment in 1978. The legislation expanded the grounds on which a debtor’s Chapter 7 case may be dismissed. Moreover, it increased the administrative requirements imposed upon debtors who file for bankruptcy (e.g., increased financial disclosures), which in turn has had the effect of increasing the direct costs of filing for bankruptcy (e.g., filing fees and attorneys’ fees). With this increased complexity in accessing Chapter 7 relief, the question arises whether BAPCPA has had a disproportionate impact …