Legal Studies Commons^™

Digital Forensics Investigation In A Collegiate Environment, Robert E. Johnston

Annual ADFSL Conference on Digital Forensics, Security and Law

Creating, building, managing a cost effective digital forensics lab including a team of qualified examiners can be a challenge for colleges [1] with multiple campuses in multiple towns, counties and states. Leaving such examination responsibilities to each of the campuses results in not only disparity in the results but more than likely excessive duplication of efforts as well as the potential for compromise of evidence. Centralizing the forensic efforts results in a team that is not subject to the political pressures of a campus and virtually eliminates the possibility of examiner favoritism. Learn what it takes to create a cost …

Backtrack In The Outback - A Preliminary Report On Cyber Security Evaluation Of Organisations In Western Australia, Craig Valli, Andrew Woodward, Peter Hannay

Annual ADFSL Conference on Digital Forensics, Security and Law

The authors were involved in extensive vulnerability assessment and penetration testing of over 15 large organisations across various industry sectors in the Perth CBD. The actual live testing involved a team of five people for approximately a four week period, and was black box testing. The scanning consisted of running network and web vulnerability tools, and in a few cases, exploiting vulnerability to establish validity of the tools. The tools were run in aggressive mode with no attempt made to deceive or avoid detection by IDS/IPS or firewalls. The aim of the testing was to determine firstly whether these organisations …

Creating Realistic Corpora For Security And Forensic Education, Kam Woods, Christopher A. Lee, Simson Garfinkel, David Dittrich, Adam Russell, Kris Kearton

Annual ADFSL Conference on Digital Forensics, Security and Law

We present work on the design, implementation, distribution, and use of realistic forensic datasets to support digital forensics and security education. We describe in particular the “M57-Patents” scenario, a multi-modal corpus consisting of hard drive images, RAM images, network captures, and images from other devices typically found in forensics investigations such as USB drives and cellphones. Corpus creation has been performed as part of a scripted scenario; subsequently it is less “noisy” than real-world data but retains the complexity necessary to support a wide variety of forensic education activities. Realistic forensic corpora allow direct comparison of approaches and tools across …

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

Annual ADFSL Conference on 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 …

Development Of A Distributed Print‐Out Monitoring System For Efficient Forensic Investigation, Satoshi Kai, Tetsutaro Uehara

Annual ADFSL Conference on Digital Forensics, Security and Law

If information leakage occurs, an investigator is instructed to specify what documents were leaked and who leaked them. In the present work, a distributed print-out monitoring system—which consists of a virtual printer driver and print-out policy/log management servers—was developed. For easily matching the discovered (i.e., leaked) paper document with the print-out log, the virtual printer driver acquires full-text of printed-out documents by DDI hooking technique to check the content, transforms a spool file to a picture file and creates both a thumbnail and text log for forensic investigation afterwards. The log size is as only about 0.04 times bigger than …

Mac Os X Forensics: Password Discovery, David Primeaux, Robert Dahlberg, Kamnab Keo, Stephen Larson, B. Pennell, K. Sherman

Annual ADFSL Conference on Digital Forensics, Security and Law

OS X provides a password-rich environment in which passwords protect OS X resources and perhaps many other resources accessed through OS X. Every password an investigator discovers in an OS X environment has the potential for use in discovering other such passwords, and any discovered passwords may also be useful in other aspects of an investigation, not directly related to the OS X environment. This research advises the use of multiple attack vectors in approaching the password problem in an OS X system, including the more generally applicable non-OS X-specific techniques such as social engineering or well-known password cracking techniques …

Software Piracy Forensics: Impact And Implications Of Post‐Piracy Modifications, Vinod Bhattathiripad, S. Santhosh Baboo

Annual ADFSL Conference on Digital Forensics, Security and Law

Piracy is potentially possible at any stage of the lifetime of the software. In a post-piracy situation, however, the growth of the respective versions of the software (both the original and pirated) is expected to be in different directions as a result of expectedly different implementation strategies. This paper shows how such post-piracy modifications are of special interest to a cyber crime expert investigating software piracy and suggests that the present software piracy forensic (or software copyright infringement investigation) approaches require amendments to take in such modifications. For this purpose, the paper also presents a format that is jargon-free, so …

Understanding Issues In Cloud Forensics: Two Hypothetical Case Studies, Josiah Dykstra, Alan T. Sherman

Annual ADFSL Conference on Digital Forensics, Security and Law

The inevitable vulnerabilities and criminal targeting of cloud environments demand an understanding of how digital forensic investigations of the cloud can be accomplished. We present two hypothetical case studies of cloud crimes; child pornography being hosted in the cloud, and a compromised cloudbased website. Our cases highlight shortcomings of current forensic practices and laws. We describe significant challenges with cloud forensics, including forensic acquisition, evidence preservation and chain of custody, and open problems for continued research.

Keywords: Cloud computing, cloud forensics, digital forensics, case studies

A Practitioners Guide To The Forensic Investigation Of Xbox 360 Gaming Consoles, Ashley L. Podhradsky, Rob D’Ovidio, Cindy Casey

Annual ADFSL Conference on Digital Forensics, Security and Law

Given the ubiquitous nature of computing, individuals now have nearly 24-7 access to the internet. People are not just going online through traditional means with a PC anymore, they are now frequently using nontraditional devices such as cell phones, smart phones, and gaming consoles. Given the increased use of gaming consoles for online access, there is also an increased use of gaming consoles to commit criminal activity. The digital forensic community has been tasked with creating new approaches for forensically analyzing gaming consoles. In this research paper the authors demonstrate different tools, both commercial and open source, available to forensically …

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

Annual ADFSL Conference on 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 …

Digital Forensics And The Law, Karon N. Murff, Hugh E. Gardenier, Martha L. Gardenier

Annual ADFSL Conference on Digital Forensics, Security and Law

As computers and digital devices become more entrenched in our way of life, they become tools for both good and nefarious purposes. When the digital world collides with the legal world, a vast chasm is created. This paper will reflect how the legal community is failing to meet its obligation to provide adequate representation due to a lack of education about digital (computer) forensics. Whether in a civil litigation setting or a criminal setting, attorneys, prosecutors and judges have inadequate knowledge when it comes to the important questions they need to ask regarding digital evidence. Reliance on expert witnesses is …

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

Law Faculty Scholarship

No abstract provided.

Construing The Outer Limits Of Sentencing Authority: A Proposed Bright-Line Rule For Noncapital Proportionality Review, Kevin White

BYU Law Review

No abstract provided.

Contested Legality And The Insecurity Of Status: Some Snapshots From A Decade Of Refugee Law, Donald Galloway

Western Migration Conference Series

Bio:

Donald Galloway is a Professor of Law at the University of Victoria, British Columbia. He specializes in Refugee Law, Citizenship Law and Immigration Law. He was the founding President of the Canadian Association of Refugee and Forced Migration Studies (CARFMS) and is a former member of the Immigration and Refugee Board.

Reviewing Racism And The Right To Marry: An Analysis Of Loving V. Virginia, Kathryn L. Jordan

Senior Honors Theses

Prior to the 1967 United States Supreme Court case of Loving v. Virginia, many states had laws that banned the intermarriage of whites with black or other minorities. Since then, the number of interracial marriages has increased and the attitudes of society have shifted. This thesis uses Loving as basis to explore the ways in which societal views have changed since the overruling of the anti-miscegenation statutes. It first discusses the culture in America before Loving and then, explains the details of the Loving case. This is then followed by a synopsis of how the culture changed after Loving. After …

Driving Forces: Police Fatalities, Carol Servino

Graduate Research Symposium (2010 - 2017)

Law enforcement is an inherently risky occupation. The number of traffic-related fatalities for law enforcement officers in the U.S. during the past 13 years has been increasing; however, the number of fatalities for the general population in motor vehicle traffic incidents declined during the same time period.

The federal government reports that federal motor vehicle safety standards aswell as behavioral and vehicle safety programs implemented by state and local law-enforcement agencies contributed to the downward trend for the general public.

What accounts for the pattern and problem with police driving-related deaths?

Facebook And The Police: Communication In The Social Networking Era, Mari Sakiyama, Deborah K. Shaffer, Joel D. Lieberman

Graduate Research Symposium (2010 - 2017)

An increasing number of police departments are using Facebook to communicate with the public. As with any emerging communications technology, there is considerable variation in the usage of this medium. This study reports the results of a content analysis designed to determine how police departments are using Facebook.

Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover

Senior Honors Theses

In the United States, an overtly selfish and sexual culture contributes to the spread of human trafficking, thereby requiring a complete culture shift in order to diminish this modern day slavery initiated by the aberrant culture. Sex trafficking of minors in the United States encompasses a variety of factors that facilitate the bondage and brutal enslavement of American children. These children are bought and sold hundreds of times, with no regard for their personal well-being. Major factors such as demand, vulnerability, and America’s induced culture of sex serve to increase the environment that trap children and youth in commercial sexual …

Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen

Festival of Communities: UG Symposium (Posters)

A primate having legal rights is a controversial topic these days. Many other countries around the world support the idea of great apes having legal rights, because we for one are one of the five great primates. Others do not support this trending topic as much as others. These types of people believe that great apes such as chimpanzees are superb testing animals for medical purposes, because of the fact that they are closely related to mankind. Organizations such as Great Ape Protection, work towards protecting the rights of these great apes since they cannot speak for themselves. In many …

Game Over: Violent Video Games And Juvenile Crimes, Randy Beck, Cheryl Olson, Gerry Weber, Dan Islett

Working in the Public Interest Conferences

Discussion of possible relationship between video games and childhood violence. Includes considerations of First-Amendment rights of manufacturers and implications of Schwarzenegger v. Entertainment Merchants Association.

Advance, Spring 2011, San Jose State University, Department Of Justice Studies

Advance (Justice Studies)

News from the San Jose State University Record Clearance Project

Nebraska Transcript (University Of Nebraska College Of Law), Volume 44, Number 1, Spring 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Alan Frank 4
Mexico’s Criminal Justice Transformation 6
Faculty Notes 8
Network Neutrality 14
Lepard Leads Human Rights Project 16
Blankley’s Passion for ADR 17
Burkstrand-Reid’s Trust to Teach 18
Feature: Dean Susan Poser 19
Around the College Brummond’s New Role 22
Kluver Leads Admissions Efforts 23
Our Future in the Big Ten: Admissions 24
Job Market’s Impact on CSO 26
Evolution of Technology 28
Student Accolades 32
2010 Family Traditions Ceremony 34
Hitler’s Court 36
Recent Facility Renovations 37
Our Alumni Eilers: A Global Career 38
Nearhood Admissions Office 39
Winter Scholarship 40 …

For The Love Of The Case File, Christine P. Bartholomew

Other Scholarship

No abstract provided.

Proper Crime Recording As An Effective Feedback Tool In Articulating A Crime Policy, Kevin A. Unter

Georgia Journal of Public Policy

Crime policy is subject to the policy process just like other governmental policies.  An effective crime policy is one that reduces the amount of crime in a police department’s jurisdiction, e.g., the city.  Accordingly, crime policy consists of the same policy components – agenda setting, formulation, implementation, and feedback.  The implementation of any crime policy depends on the information collected by police departments, often through crimes reported to the department via 9-1-1 calls or brought to a police officer’s attention through proactive police work.  The success of that police work relative to the reported crime first depends on whether the …

Federal Earmarks In The State Of Georgia, Jeffrey Lazarus

Georgia Journal of Public Policy

Earmarks have been controversial ever since becoming a prominent part of the congressional spending process. Critics charge that earmarks fund projects with little or no economic value (for instance Ted Stevens’ “Bridge to Nowhere,”) but instead allow Congress members to direct government spending to campaign contributors (the charge leading to a federal investigation of the now-defunct lobbying firm PMA Group). On the other side of the controversy, congressional earmarks do fund a number of community improvements which are very valuable, at least locally. In Georgia, the fiscal 2010 appropriations bills included earmarks which allocated $450,000 to update College Park’s emergency …

Human Trafficking In San Luis Obispo County: Assessing The Local Law Enforcement's Mechanisms For Prevention, Paige K. Wopschall

Social Sciences

No abstract provided.

Modifying The Restrictions On Sentence Modification: United States V. Cobb, Jackie Bosshardt

BYU Law Review

No abstract provided.

Sidestepping Deference: How United States V. Ressam Encourages Overly Stringent Review Of Sentencing Decisions, Joseph Leavitt

BYU Law Review

No abstract provided.

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

Federalizing Legal Ethics, Nationalizing Law Practice, And The Future Of The American Legal Profession In A Global Age, Eli Wald

San Diego Law Review

This Article is organized as a response to Zaharias’s influential paper, revisiting each of his four analytical steps. Following Zacharias, Part II documents the growing nationalization and globalization of law practice, and argues that the transformation of law practice renders the state-based regulation of lawyers ineffective. Part III parts ways with Zacharias’s thesis. It asserts that nationalizing, by federalizing, legal ethics is not warranted by changing practice realities and that, worse, federalizing legal ethics without more will leave some of the most troubling aspects of the transformation of law practice, including client needs, unaddressed. Instead, Part III argues that the …