Legal Studies Commons^™

From The Editor-In-Chief, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Welcome to JDFSL’s first issue for 2015! First, I would like to thank our editorial board, reviewers, and the JDFSL team for bringing this issue to life. It has been a big year for JDFSL as the journal continues to progress. We are continuing our indexing efforts for the journal and we are getting closer with some of the major databases.

Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold

Scripps Senior Theses

The United States Constitution provides its citizens protection from unreasonable searches and seizures from government officials, including police officers, through the Fourth Amendment. This Amendment applies to searches that violate a reasonable expectation of privacy. However, the Fourth Amendment does not protect citizens when they consent to a search voluntarily. It is necessary to determine whether or not a search is voluntary by looking at a variety of factors. Although an infinite number of factors can be considered to make this determination, race of both the police officer and of the person being searched should be considered, due to societal …

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCAC Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio

Faculty Publications By Year

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …

Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon

Articles by Maurer Faculty

People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.

This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler

Faculty Publications By Year

The conventional wisdom in U.S. health law and policy holds that states regulate medical practice – the activities of physicians and other health care professionals – while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to …

Stereotype Threat And Racial Differences In Citizens’ Experiences Of Police Encounters, Cynthia J. Najdowski, Bette L. Bottoms, Phillip Atiba Goff

Psychology Faculty Scholarship

We conducted 2 studies to investigate how cultural stereotypes that depict Blacks as criminals affect the way Blacks experience encounters with police officers, expecting that such encounters induce Blacks to feel stereotype threat (i.e., concern about being judged and treated unfairly by police because of the stereotype). In Study 1, we asked Black and White participants to report how they feel when interacting with police officers in general. As predicted, Blacks, but not Whites, reported concern that police officers stereotype them as criminals simply because of their race. In addition, this effect was found for Black men but not Black …

The Psychology Of Workplace Deviant & Criminal Behavior, William Brice, Deborah E. Rupp

Journal of Criminal Law and Criminology

The 2013 book Deviant and Criminal Behavior in the Workplace addresses the psychological constructs, situations, and environments underlying active counterproductive workplace behaviors. Building on a diverse range of psychological findings, this book highlights that the field of criminology needs to expand outside of the realm of violence and instead look at how deviant workplace behaviors can tie into—and motivate—other types of crime.

Sexual Assaults Among University Students: Prevention, Support, And Justice, Rebecca B. Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Sexual assault is common among college-aged women (18 to 25 years), with 1 in 5 reporting having experienced these crimes during their college years. Acute and long-term consequences of sexual assault may include physical trauma, sexually transmitted infections, posttraumatic stress disorder, depression, and substance abuse. Survivors have the option of reporting assaults to the university or to the police, but the goals of these 2 systems—and women’s experiences with them—can be quite different. The criminal justice system’s principal aim is to adjudicate guilt, but the university has the broader purpose of fostering a safe learning environment.

This article explores how …

Litigation Holds: Past, Present, And Future Directions, Milton Luoma, Vicki M. Luoma

Journal of Digital Forensics, Security and Law

Electronically Stored Information (ESI) first became a serious litigation issue in the late 1990s, and the first attempts to determine best practices did not occur until the early 2000s. As best practices developed, the litigation hold to prevent routine destruction of documents and to preserve documents relevant to litigation came into existence. The duty to preserve ESI is triggered when litigation is reasonably anticipated. All information that relates to potential litigation must be preserved from the time it becomes reasonably apparent that litigation is possible until the expiration of the statute of limitations. If steps are not taken to properly …

To License Or Not To License Reexamined: An Updated Report On State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Alan Rea, Doug White

Journal of Digital Forensics, Security and Law

In this update to the 2012 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. As before, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. There is a small trend in which some states are changing definitions or moving to exempt DE from PI licensing requirements. However, we look at some additional information in terms of practicing attorney exemptions that may cloud the licensing waters.

As with the previous research studies (Lonardo et al., 2008, 2009, 2012) the authors contacted all state regulatory agencies …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Open Forensic Devices, Lee Tobin, Pavel Gladyshev

Journal of Digital Forensics, Security and Law

Cybercrime has been a growing concern for the past two decades. What used to be the responsibility of specialist national police has become routine work for regional and district police. Unfortunately, funding for law enforcement agencies is not growing as fast as the amount of digital evidence. In this paper, we present a forensic platform that is tailored for cost effectiveness, extensibility, and ease of use. The software for this platform is open source and can be deployed on practically all commercially available hardware devices such as standard desktop motherboards or embedded systems such as Raspberry Pi and Gizmosphere’s Gizmo …

The Use Of Ontologies In Forensic Analysis Of Smartphone Content, Mohammed Alzaabi, Thomas A. Martin, Kamal Taha, Andy Jones

Journal of Digital Forensics, Security and Law

Digital forensics investigators face a constant challenge in keeping track with evolving technologies such as smartphones. Analyzing the contents of these devices to infer useful information is becoming more time consuming as the volume and complexity of data are increasing. Typically, such analysis is undertaken by a human, which makes it dependent on the experience of the investigator. To overcome such impediments, an automated technique can be utilized in order to aid the investigator to quickly and eciently analyze the data.In this paper, we propose F-DOS; a set of ontologies that models the smartphone content for the purpose of forensic …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

A 3-D Stability Analysis Of Lee Harvey Oswald In The Backyard Photo, Srivamshi Pittala, Emily Whiting, Hany Farid

Journal of Digital Forensics, Security and Law

Fifty years have passed since the assassination of U.S. President Kennedy. Despite the long passage of time, it is still argued that the famous backyard photo of Oswald, holding the same type of rifle used to assassinate the President, is a fake. These claims include, among others, that Oswald’s pose in the photo is physically implausible. We describe a detailed 3-D stability analysis to determine if this claim is warranted.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Public Perceptions Of The Perth Drug Court As A Mechanism For Dealing With Drug Related Crime, Dominic Jordan

Theses : Honours

In the last two decades, drug courts have been introduced throughout Australia, to address the issue of drug related crime. Drug courts aim to reduce criminal recidivism by placing drug dependent offenders into intensive supervision and treatment programs. Research has revealed that drug courts, including the Perth Drug Court, can reduce criminal recidivism in offenders for whom drug use is a dynamic risk factor for their criminal behaviour. Currently however, little is known about the public’s knowledge and perceptions of drug courts. The aim of the current study was to determine the perceptions of a sample of the Western Australian …

Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri

Honors Program Theses

This work attempts to argue for a correlative relationship between copyright law and the evolution of literary works. It uses the laws and common practices of intellectual property to achieve this hypothesis.

The Making Of A Libertarian, Contrarian, Nonobservant, But Self-Identified Jew, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Many academics are unaware that I am Jewish, no doubt due, in part, to my last name as well as to my politics, Yet growing up as a Jew in Polish-Catholic Calumet City, Illinois and as a kid from Calumet City attending Temple in Hammond, Indiana made me quite conscious of the tyranny of the majority. This environment, together with the influence of my father, had a deep affect on my views of liberty, justice, individual rights, and the U.S. Constitution. In this brief essay, prepared for a symposium on “Judaism and Constitutional Law: People of the Book,” held at …

Three Globalizations: An Essay In Inquiry, John Henry Schlegel

Journal Articles

No abstract provided.

Tactical Police Officers, Romantic Attachment And Job-Related Stress: A Mixed-Methods Study, Natalie Fagan

Theses and Dissertations--Sociology

Stressors stemming from tactical policing such as social isolation and increased work responsibilities often spill over into the home and affect personal relationships. Using attachment theory as the guiding framework, this mixed methods study aimed to obtain a better understanding of the factors involved in maintaining long-term relationships between tactical officers and their romantic partners. Phase I consisted of surveys administered to tactical officers in Kentucky and measured romantic partner attachment, organizational and operational police stressors. Research questions examined how operational and organizational stress correlated with attachment while controlling for demographics. Analysis indicated that holding a rank above an officer …

Project Maelstrom: Forensic Analysis Of The Bittorrent-Powered Browser, Jason Farina, M-Tahar Kechadi, Mark Scanlon

Journal of Digital Forensics, Security and Law

In April 2015, BitTorrent Inc. released their distributed peer-to-peer powered browser, Project Maelstrom, into public beta. The browser facilitates a new alternative website distribution paradigm to the traditional HTTP-based, client-server model. This decentralised web is powered by each of the visitors accessing each Maelstrom hosted website. Each user shares their copy of the website;s source code and multimedia content with new visitors. As a result, a Maelstrom hosted website cannot be taken offline by law enforcement or any other parties. Due to this open distribution model, a number of interesting censorship, security and privacy considerations are raised. This paper explores …

Influences Of Csi Effect, Daubert Ruling, And Nas Report On Forensic Science Practices, Timothy Patrick Scanlan

Walden Dissertations and Doctoral Studies

The media exaggerates the capabilities of crime laboratories while it publicizes the wrongdoings of individual forensic scientists. Such portrayals skew the perspectives of jurors and hinder expert witness testimony. Complicating the problem are separate, but related, phenomena that influence how forensic laboratories conduct casework. These phenomena are Cole and Dioso-Villa's conceptualization of the unrealistic expectations of forensic science created by fictional television, known as the CSI Effect; the Daubert ruling on the admissibility of expert testimony; and some federal policy changes as a result of a National Academy of Sciences (NAS) report that impacted requirements for the daily operation of …

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson

Walden Dissertations and Doctoral Studies

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in …

Why Feminism Matters To The Study Of Law, Kim Brooks

Articles, Book Chapters, & Popular Press

Queen’s Law Faculty is home to Feminist Legal Studies Queen’s, a research group that expands awareness and development of scholarship in feminist legal studies, enables the development of feminist legal scholars at Queen's, and fosters connections among feminists with an interest in law. In Fall 2014, I had the privilege of returning to Queen’s Law to give the first seminar in FLSQ’s 2014-2015 lecture series. I was tasked with providing some reflections on why feminist legal theory matters. What follows is the text from the talk.

Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor

Faculty Scholarship

In 2014, many states revisited disproportionately high sentencing schemes for low-level property offenses. Voters in states across the country rallied in favor of reductions in penalties for low-level, nonviolent property offenses, such as theft, check fraud, and larceny. Bipartisan efforts to ease the financial burden of incarceration have lead to criminal justice reforms in states like California, Oregon, and Mississippi. Advocates for women in the criminal justice system have embarked on campaigns to frame reforms as not just a cost-cutting measure, but also as a moral imperative.

For many women, primarily women with little money, relatively low-value property offense convictions …

Push, Pull, And Spill: A Transdisciplinary Case Study In Municipal Open Government, Jan Whittington, Ryan Calo, Mike Simon, Jesse Woo, Meg Young, Perter Schmiedeskamp

Articles

Municipal open data raises hopes and concerns. The activities of cities produce a wide array of data, data that is vastly enriched by ubiquitous computing. Municipal data is opened as it is pushed to, pulled by, and spilled to the public through online portals, requests for public records, and releases by cities and their vendors, contractors, and partners. By opening data, cities hope to raise public trust and prompt innovation. Municipal data, however, is often about the people who live, work, and travel in the city. By opening data, cities raise concern for privacy and social justice.

This article presents …