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Full-Text Articles in Legal Studies

Facilitating Forensics In The Mobile Millennium Through Proactive Enterprise Security, Andrew R. Scholnick May 2012

Facilitating Forensics In The Mobile Millennium Through Proactive Enterprise Security, Andrew R. Scholnick

Annual ADFSL Conference on Digital Forensics, Security and Law

This work explores the impact of the emerging mobile communication device paradigm on the security-conscious enterprise, with regard to providing insights for proactive Information Assurance and facilitation of eventual Forensic analysis. Attention is given to technology evolution in the areas of best practices, attack vectors, software and hardware performance, access and activity monitoring, and architectural models.

Keywords: Forensics, enterprise security, mobile communication, best practices, attack vectors.


Cloud Forensics Investigation: Tracing Infringing Sharing Of Copyrighted Content In Cloud, Yi-Jun He, Echo P. Zhang, Lucas C.K. Hui, Siu Ming Yiu, K.P. Chow May 2012

Cloud Forensics Investigation: Tracing Infringing Sharing Of Copyrighted Content In Cloud, Yi-Jun He, Echo P. Zhang, Lucas C.K. Hui, Siu Ming Yiu, K.P. Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud Computing is becoming a significant technology trend nowadays, but its abrupt rise also creates a brand new front for cybercrime investigation with various challenges. One of the challenges is to track down infringing sharing of copyrighted content in cloud. To solve this problem, we study a typical type of content sharing technologies in cloud computing, analyze the challenges that the new technologies bring to forensics, formalize a procedure to get digital evidences and obtain analytical results based on the evidences to track down illegal uploader. Furthermore, we propose a reasoning model based on the probability distribution in a Bayesian …


Ipad2 Logical Acquisition: Automated Or Manual Examination?, Somaya Ali, Sumaya Alhosani, Farah Alzarooni, Ibrahim Baggili May 2012

Ipad2 Logical Acquisition: Automated Or Manual Examination?, Somaya Ali, Sumaya Alhosani, Farah Alzarooni, Ibrahim Baggili

Annual ADFSL Conference on Digital Forensics, Security and Law

Due to their usage increase worldwide, iPads are on the path of becoming key sources of digital evidence in criminal investigations. This research investigated the logical backup acquisition and examination of the iPad2 device using the Apple iTunes backup utility while manually examining the backup data (manual examination) and automatically parsing the backup data (Lantern software - automated examination). The results indicate that a manual examination of the logical backup structure from iTunes reveals more digital evidence, especially if installed application data is required for an investigation. However, the researchers note that if a quick triage is needed of an …


A Fuzzy Hashing Approach Based On Random Sequences And Hamming Distance, Frank Breitinger, Harald Baier May 2012

A Fuzzy Hashing Approach Based On Random Sequences And Hamming Distance, Frank Breitinger, Harald Baier

Annual ADFSL Conference on Digital Forensics, Security and Law

Hash functions are well-known methods in computer science to map arbitrary large input to bit strings of a fixed length that serve as unique input identifier/fingerprints. A key property of cryptographic hash functions is that even if only one bit of the input is changed the output behaves pseudo randomly and therefore similar files cannot be identified. However, in the area of computer forensics it is also necessary to find similar files (e.g. different versions of a file), wherefore we need a similarity preserving hash function also called fuzzy hash function. In this paper we present a new approach for …


The Xbox 360 And Steganography: How Criminals And Terrorists Could Be "Going Dark", Ashley Podhradsky, Rob D’Ovidio, Cindy Casey May 2012

The Xbox 360 And Steganography: How Criminals And Terrorists Could Be "Going Dark", Ashley Podhradsky, Rob D’Ovidio, Cindy Casey

Annual ADFSL Conference on Digital Forensics, Security and Law

Video game consoles have evolved from single-player embedded systems with rudimentary processing and graphics capabilities to multipurpose devices that provide users with parallel functionality to contemporary desktop and laptop computers. Besides offering video games with rich graphics and multiuser network play, today's gaming consoles give users the ability to communicate via email, video and text chat; transfer pictures, videos, and file;, and surf the World-Wide-Web. These communication capabilities have, unfortunately, been exploited by people to plan and commit a variety of criminal activities. In an attempt to cover the digital tracks of these unlawful undertakings, anti-forensic techniques, such as steganography, …


Double-Compressed Jpeg Detection In A Steganalysis System, Jennifer L. Davidson, Pooja Parajape May 2012

Double-Compressed Jpeg Detection In A Steganalysis System, Jennifer L. Davidson, Pooja Parajape

Annual ADFSL Conference on Digital Forensics, Security and Law

The detection of hidden messages in JPEG images is a growing concern. Current detection of JPEG stego images must include detection of double compression: a JPEG image is double compressed if it has been compressed with one quality factor, uncompressed, and then re-compressed with a different quality factor. When detection of double compression is not included, erroneous detection rates are very high. The main contribution of this paper is to present an efficient double-compression detection algorithm that has relatively lower dimensionality of features and relatively lower computational time for the detection part, than current comparative classifiers. We use a model-based …


Toward Alignment Between Communities Of Practice And Knowledge-Based Decision Support, Jason Nichols, David Biros, Mark Weiser May 2012

Toward Alignment Between Communities Of Practice And Knowledge-Based Decision Support, Jason Nichols, David Biros, Mark Weiser

Annual ADFSL Conference on Digital Forensics, Security and Law

The National Repository of Digital Forensics Information (NRDFI) is a knowledge repository for law enforcement digital forensics investigators (LEDFI). Over six years, the NRDFI has undertaken significant design revisions in order to more closely align the architecture of the system with theory addressing motivation to share knowledge and communication within ego-centric groups and communities of practice. These revisions have been met with minimal change in usage patterns by LEDFI community members, calling into question the applicability of relevant theory when the domain for knowledge sharing activities expands beyond the confines of an individual organization to a community of practice. When …


A Proposal For Incorporating Programming Blunder As Important Evidence In Abstraction-Filtration-Comparison Test, P. Vinod Bhattathiripad May 2012

A Proposal For Incorporating Programming Blunder As Important Evidence In Abstraction-Filtration-Comparison Test, P. Vinod Bhattathiripad

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper investigates an unexplored concept in Cyber Forensics, namely, a Programming Blunder. Programming Blunder is identified as a variable or a code segment or a field in a database table, which is hardly used or executed in the context of the application or the user’s functionality. Blunder genes can be found in many parts of any program. It is the contention of this paper that this phenomenon of blunders needs to be studied systematically from its very genetic origins to their surface realizations in contrast to bugs and flaws, especially in view of their importance in software copyright infringement …


Update On The State Of The Science Of Digital Evidence Examination, Fred Cohen May 2012

Update On The State Of The Science Of Digital Evidence Examination, Fred Cohen

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper updates previous work on the level of consensus in foundational elements of digital evidence examination. Significant consensus is found present only after definitions are made explicit, suggesting that, while there is a scientific agreement around some of the basic notions identified, the use of a common language is lacking.

Keywords: Digital forensics examination, terminology, scientific methodology, testability, validation, classification, scientific consensus


Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta May 2012

Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta

Honors Scholar Theses

Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest …


An Examination Of Perceived Stress Levels And Coping Styles Among Rural Law Enforcement Officers, Marcos Luis Misis May 2012

An Examination Of Perceived Stress Levels And Coping Styles Among Rural Law Enforcement Officers, Marcos Luis Misis

Dissertations

Policing is a very stressful job. Despite the extensive body of research on police stress, the majority of studies have focused solely on officers within urban police departments. Research on stress within rural law enforcement departments is virtually non-existent even though the majority of police agencies in America serve towns and areas under 50,000 residents.

This study had four main goals: (1) to examine how work-related stress affects the levels of perceived stress, anxiety, and depression for rural law enforcement officers; (2) to explore the specific stressors affecting rural law enforcement officers; (3) to investigate how rural law enforcement officers …


An Examination Of Factors Affecting Information Sharing Among Law Enforcement Agencies, Scott Driskill Bransford May 2012

An Examination Of Factors Affecting Information Sharing Among Law Enforcement Agencies, Scott Driskill Bransford

Dissertations

The purpose of the present study was to investigate using survey data to find factors or barriers which contributed to local law enforcement participation and support of intelligence information sharing. Following the September 11, 2001, attacks in New York City and Arlington, Virginia, new homeland security initiatives and directives were created from the legislative and executive branches of the federal government. Several new initiatives and directives provided new communication opportunities for partnerships between all levels of law enforcement to combat the future threat of domestic terrorism.

The evaluation literature indicated that a majority of post-9/11, initiatives, including the creation of …


Recidivism Rates Of Committed Youth, 2006 - 2009, Becky Noreus, Robyn Dumont May 2012

Recidivism Rates Of Committed Youth, 2006 - 2009, Becky Noreus, Robyn Dumont

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

This report uses multiple recidivism measures: re‐arrest, re‐adjudication/conviction, and recommitment. To be consistent with other reports, most analysis focuses on re‐adjudication/conviction.

This report measures DJS impact on youth who have been committed to a MDOC facility by examining rates of recidivism.


A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers May 2012

A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers

Pell Scholars and Senior Theses

State prison overcrowding has grown into a detrimental problem within our American penal system, such that after decades of being ignored by politicians, media outlets, and the lower court system, it has resulted in an ineffective and overcrowded correctional system that craves reformation.


Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu Apr 2012

Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu

Graduate Research Symposium (2010 - 2017)

Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …


Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield Apr 2012

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield

Penn State Journal of Law & International Affairs (2012 - Present)

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.


Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 1, Spring 2012 Apr 2012

Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 1, Spring 2012

Nebraska Transcript

Dean’s Message 2

Faculty News

Profile: Roger Kirst 4

Schmid Law Library Faculty 6

Faculty Notes 8

Profile: Brank’s Return 16

Feature: Senator Mike Flood 18

Around the College

Warren Transitions to Admissions 21

Clinics Provide Lessons in Immediacy 22

CSO Report: Exploring Opportunities 26

Willborn Portrait Unveiled 27

A Perfect Storm 28

LL.M Report: Final NASA Grant Repor 32

Perry Fuller Lecturer: Thomas Crisham 38

The Tragedy of William Jennings Bryan 39

Winter 2011 Commencement 40

Connect with Us! 43

Our Alumni

Dean Poser’s Travels 44

2011 Alumni Master: Eartha Johnson 45

Stejskal: FBI Probe on Illegal Steroid Usage …


The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson Apr 2012

The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson

Political Science Theses and Capstones

In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …


Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke Apr 2012

Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke

Book Reviews

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …


High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz Apr 2012

High Expectations And Some Wounded Hopes: The Policy And Politics Of A Uniform Statute On Videotaping Custodial Interrogations, Andrew E. Taslitz

Northwestern Journal of Law & Social Policy

Much has been written about the need to videotape the entire process of police interrogation of suspects. Videotaping discourages abusive interrogation techniques, improves police training in proper techniques, reduces frivolous suppression motions, and improves jury decision making about the voluntariness and accuracy of a confession. Despite these benefits, only a small number of states have adopted legislation mandating electronic recording of the entire interrogation process. In the hope of accelerating legislative adoption of this procedure and of improving the quality of such legislation, the Uniform Law Commission (ULC) ratified a uniform recording statute for consideration by the states. I was …


A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber Apr 2012

A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber

Global Tides

This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …


The Market As A Legal Concept, Justin Desautels-Stein Apr 2012

The Market As A Legal Concept, Justin Desautels-Stein

Buffalo Law Review

No abstract provided.


Table Of Contents Mar 2012

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


The Missing Normative Dimension In Brian Leiter's "Reconstructed" Legal Realism, Edmund Ursin Feb 2012

The Missing Normative Dimension In Brian Leiter's "Reconstructed" Legal Realism, Edmund Ursin

San Diego Law Review

Legal Realism has undergone a revitalization in academia. In a series of articles over the past decade and a half, and in a 2007 book, Brian Leiter has offered a "philosophical reconstruction" of Legal Realism... In the forthcoming Article, I will seek to clarify further the normative dimension of Legal Realism. I will suggest that it is a mistake to divide Legal Realists into quietist camps. This is because these terms refer to two distinct phenomena. Nonquetism in a view of the lawmaking role: judges are legislators-they make law and policy plays a role in their lawmaking. Quietism reflects a …


Deconceptualizing Artists' Rights, Steven G. Gey Feb 2012

Deconceptualizing Artists' Rights, Steven G. Gey

San Diego Law Review

During the last three decades, visual artists and their supporters have convinced several states and the federal government to enact legislation protecting the moral rights of artists. This effort culminated in the federal government’s enactment of the Visual Artists Rights Act of 1990. These statutes protect various aspects of art, including most importantly artistic integrity, which gives artists the right to prevent the intentional distortion, mutilation, or other modification of an artistic work if the modification would damage the artist’s reputation. These statutes have recently come under attack, surprisingly, from within the art community itself. Professor Amy Adler recently published …


American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody Jan 2012

American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody

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

This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.


Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman Jan 2012

Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman

Nebraska College of Law: Faculty Publications

The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation's surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …


Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee Jan 2012

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith J. Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the basis of …


Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee Jan 2012

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …


Capital Punishment And Race: Racial Culture Of The South, Jerry Joubert Jan 2012

Capital Punishment And Race: Racial Culture Of The South, Jerry Joubert

Undergraduate Review

There are currently 34 states with the death penalty and 16 states without the death penalty in the United States. According to the most recent report from the Death Penalty Information Center, there have been 1276 executions in the United States since 1976. In the year 2011 alone, there were 42 executions. This was 4 executions less than the previous year. Among the 1276 total executions in the United States since 1976, 1048 have taken place in the South. There are approximately 3,251 inmates on death row. African-Americans represent 42% of these inmates (Death Penalty Information Center, 2011). This statistic …