Legal Studies Commons^™

When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn

Pitzer Senior Theses

This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.

The Eighth Amendment’S Lost Jurors: Death Qualification And Evolving Standards Of Decency, Aliza Plener Cover

Indiana Law Journal

The Supreme Court’s inquiry into the constitutionality of the death penalty has over-looked a critical “objective indicator” of society’s “evolving standards of decency”: the rate at which citizens are excluded from capital jury service under Witherspoon v. Illinois due to their conscientious objections to the death penalty. While the Supreme Court considers the prevalence of death verdicts as a gauge of the nation’s moral climate, it has ignored how the process of death qualification shapes those verdicts. This blind spot biases the Court’s estimation of community norms and dis-torts its Eighth Amendment analysis.

This Article presents a quantitative study of …

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …

Examining The Legality Of The Guantánamo Bay Detention Center According To International Humanitarian Law And International Human Rights Law, Sydney T. Winchester

Honors Undergraduate Theses

The purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guantánamo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guantánamo and international law.

This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in the subject of international law, as well as how the two have been applied thus far to the situation at Guantánamo. Second, the paper discusses …

Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel

Buffalo Law Review

No abstract provided.

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.

Organic Poise: Capitalism As Law, Christopher Tomlins

Buffalo Law Review

No abstract provided.

Causation, Legal History, And Legal Doctrine, Charles Barzun

Buffalo Law Review

No abstract provided.

On Absences As Material For Intellectual Historical Study, John Henry Schlegel

Buffalo Law Review

No abstract provided.

Textiles: Popular Culture And The Law, Laura F. Edwards

Buffalo Law Review

No abstract provided.

Booker's Ironies, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.

"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes, Richard Charles Gehrke

All Graduate Theses, Dissertations, and Other Capstone Projects

This quantitative study surveyed college students (n=111), currently attending a community college in northeastern Minnesota, regarding whether juveniles should receive the same due process rights as adults, what the primary goal of the juvenile justice system should be, whether juveniles charged with serious offenses should be tried as adults, and whether juveniles convicted of committing a serious offense should be sentenced as adults. Utilizing two competing theoretical frameworks, the researcher hypothesized that students who self-identify with a conservative political ideology would be more punitive than students who self-identify with a liberal political ideology. The researcher's second hypothesis was that students …

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.

Buffalo Law Review

No abstract provided.

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

Buffalo Law Review

No abstract provided.

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Buffalo Law Review

No abstract provided.

Some Final Observations On Legal Intellectual History, Robert W. Gordon

Buffalo Law Review

No abstract provided.

Low Budget Forensic Drive Imaging Using Arm Based Single Board Computers, Eric Olson, Narasimha Shashidhar

Journal of Digital Forensics, Security and Law

Traditional forensic analysis of hard disks and external media typically involves a powered down machine and “dead analysis” of these devices. Forensic acquisition of hard drives and external media has traditionally been by one of several means: standalone forensic duplicator; using a hardware write-blocker or dock attached to a laptop, computer, workstation, etc., forensic operating systems that live boot from a USB, CD/DVD or virtual machines with preinstalled operating systems. Standalone forensics acquisition and imaging devices generally cost thousands of dollars. In this paper, we propose the use of single board computers as forensic imaging devices. Single board computers can …

In-The-Wild Residual Data Research And Privacy, William B. Glisson, Tim Storer, Andrew Blyth, George Grispos, Matt Campbell

Journal of Digital Forensics, Security and Law

As the world becomes increasingly dependent on technology, researchers in both industry and academia endeavor to understand how technology is used, the impact it has on everyday life, the artifact life-cycle and overall integrations of digital information. In doing so, researchers are increasingly gathering 'real-world' or 'in-the-wild' residual data, obtained from a variety of sources, without the explicit consent of the original owners. This data gathering raises significant concerns regarding privacy, ethics and legislation, as well as practical considerations concerning investigator training, data storage, overall security and data disposal. This research surveys recent studies of residual data gathered in-the-wild and …

Bytewise Approximate Matching: The Good, The Bad, And The Unknown, Vikram S. Harichandran, Frank Breitinger, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Hash functions are established and well-known in digital forensics, where they are commonly used for proving integrity and file identification (i.e., hash all files on a seized device and compare the fingerprints against a reference database). However, with respect to the latter operation, an active adversary can easily overcome this approach because traditional hashes are designed to be sensitive to altering an input; output will significantly change if a single bit is flipped. Therefore, researchers developed approximate matching, which is a rather new, less prominent area but was conceived as a more robust counterpart to traditional hashing. Since the conception …

Security Analysis Of Mvhash-B Similarity Hashing, Donghoon Chang, Somitra Sanadhya, Monika Singh

Journal of Digital Forensics, Security and Law

In the era of big data, the volume of digital data is increasing rapidly, causing new challenges for investigators to examine the same in a reasonable amount of time. A major requirement of modern forensic investigation is the ability to perform automatic filtering of correlated data, and thereby reducing and focusing the manual effort of the investigator. Approximate matching is a technique to find “closeness” between two digital artifacts. mvHash-B is a well-known approximate matching scheme used for finding similarity between two digital objects and produces a ‘score of similarity’ on a scale of 0 to 100. However, no security …

An Automated Approach For Digital Forensic Analysis Of Heterogeneous Big Data, Hussam Mohammed, Nathan Clarke, Fudong Li

Journal of Digital Forensics, Security and Law

The major challenges with big data examination and analysis are volume, complex interdependence across content, and heterogeneity. The examination and analysis phases are considered essential to a digital forensics process. However, traditional techniques for the forensic investigation use one or more forensic tools to examine and analyse each resource. In addition, when multiple resources are included in one case, there is an inability to cross-correlate findings which often leads to inefficiencies in processing and identifying evidence. Furthermore, most current forensics tools cannot cope with large volumes of data. This paper develops a novel framework for digital forensic analysis of heterogeneous …

On Efficiency Of Distributed Password Recovery, Radek Hranický, Martin Holkovič, Petr Matoušek

Journal of Digital Forensics, Security and Law

One of the major challenges in digital forensics today is data encryption. Due to the leaked information about unlawful sniffing, many users decided to protect their data by encryption. In case of criminal activities, forensic experts are challenged how to decipher suspect's data that are subject to investigation. A common method how to overcome password-based protection is a brute force password recovery using GPU-accelerated hardware. This approach seems to be expensive. This paper presents an alternative approach using task distribution based on BOINC platform. The cost, time and energy efficiency of this approach is discussed and compared to the GPU-based …

Towards Syntactic Approximate Matching - A Pre-Processing Experiment, Doowon Jeong, Frank Breitinger, Hari Kang, Sangjin Lee

Journal of Digital Forensics, Security and Law

Over the past few years the popularity of approximate matching algorithms (a.k.a. fuzzy hashing) has increased. Especially within the area of bytewise approximate matching, several algorithms were published, tested and improved. It has been shown that these algorithms are powerful, however they are sometimes too precise for real world investigations. That is, even very small commonalities (e.g., in the header of a le) can cause a match. While this is a desired property, it may also lead to unwanted results. In this paper we show that by using simple pre-processing, we signicantly can in uence the outcome. Although our test …

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It will …

Deaths Due To Use Of Lethal Force By Law Enforcement: Findings From The National Violent Death Reporting System, 17 U.S. States, 2009–2012, Sarah Degue, Katherine A. Fowler, Cynthia Calkins

Publications and Research

Introduction: Several high-profile cases in the U.S. have drawn public attention to the use of lethal force by law enforcement (LE), yet research on such fatalities is limited. Using data from a public health surveillance system, this study examined the characteristics and circumstances of these violent deaths to inform prevention.

Methods: All fatalities (N¼812) resulting from use of lethal force by on-duty LE from 2009 to 2012 in 17 U.S. states were examined using National Violent Death Reporting System data. Case narratives were coded for additional incident circumstances.

Results: Victims were majority white (52%) but disproportionately black (32%) with a …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

False Confessions From The Viewpoint Of Federal Polygraph Examiners, Bradford Beyer

Walden Dissertations and Doctoral Studies

While confessions are a powerful form of evidence, innocent people sometimes confess to crimes they did not commit. Many researchers have studied false confessions through laboratory experiments with university students or by focusing on proven cases of false confession. These approaches have led many researchers to form a conceptual framework that law enforcement interrogative methods are a key cause of false confessions. A gap exists in the literature as few researchers have queried law enforcement about false confessions or consulted with officers who specialize in interrogation. For this study, a qualitative case study approach was used to explore the experiences …

Hate Speech And Double Standards, Thomas M. Keck

Political Science - All Scholarship

Many European states ban the public expression of hateful speech directed at racial and religious minorities, and an increasing number do so for anti-gay speech as well. These laws have been subjected to a wide range of legal, philosophical, and empirical investigation, but this paper explores one potential cost that has not received much attention in the literature. Statutory bans on hate speech leave democratic societies with a Hobson’s choice. If those societies ban incitements of hatred against some vulnerable groups, they will inevitably face parallel demands for protection of other such groups. If they accede to those demands, they …

Digital Forensics In Law Enforcement: A Needs Based Analysis Of Indiana Agencies, Teri A. Cummins Flory

Journal of Digital Forensics, Security and Law

Cyber crime is a growing problem, with the impact to society increasing exponentially, but the ability of local law enforcement agencies to investigate and successfully prosecute criminals for these crimes is unclear. Many national needs assessments have previously been conducted, and all indicated that state and local law enforcement did not have the training, tools, or staff to effectively conduct digital investigations, but very few have been completed recently. This study provided a current and localized assessment of the ability of Indiana law enforcement agencies to effectively investigate crimes involving digital evidence, the availability of training for both law enforcement …