Legal Studies Commons^™

One Less Note To Answer, John Henry Schlegel

Buffalo Law Review

No abstract provided.

Jack Hyman, Student, Alfred S. Konefsky

Buffalo Law Review

No abstract provided.

Cybercrime And The 2012 London Olympics, Denis Edgar-Nevill

Annual ADFSL Conference on Digital Forensics, Security and Law

The London 2012 Olympics is just three years away and the clock is ticking to put in place plans get it right. The potential for cybercrime to cause harm during this event is very great; harm to national reputation, harm to the reputation to the Olympic movement, and harm to individuals competing, watching or officiating. This paper considers the need to address these risks by taking a look at what has happened in the past at sporting events and the rising wave of electronic security threats and fraud facilitated by computers at recent Olympics. The problems for law enforcement are …

Methodology For Investigating Individuals Online Social Networking Persona, Jonathan T. Rajewski

Annual ADFSL Conference on Digital Forensics, Security and Law

When investigators from either the private or public sector review digital data surrounding a case for evidentiary value, they typically conduct a systematic categorization process to identify the relevant digital devices. Armed with the proper methodology to accomplish this task, investigators can quickly recognize the appropriate digital devices for forensic processing and review. This paper purposes a methodology for investigating an individual’s online social networking persona.

Keywords: Social Networking, Web 2.0, Internet Investigations, Online Social Networking Community

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

Annual ADFSL Conference on 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.

Keywords: Bluetooth hacking, mobile phone hacking, wireless hacking

Concerning File Slack, Stephen P. Larson

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we discuss the phenomena known as file slack. File slack is created each time a file is created on a hard disk, and can contain private or confidential data. Unfortunately, the methods used by Microsoft Windows operating systems to organize and save files require file slack, and users have no control over what data is saved in file slack. This document will help create awareness about the security issue of file slack and discuss research results concerning file slack.

Keywords : Computer Forensics, File Slack, Ram Slack, Disk Slack

Don’T Touch That! And Other E-Discovery Issues, Linda Volonino

Annual ADFSL Conference on Digital Forensics, Security and Law

The ability to preserve and access electronically stored information (ESI) took on greater urgency when amendments to the Federal Rules of Civil Procedure went into effect in December 2006. These amendments, referred to as the electronic discovery (e-discovery) amendments, focus on the discovery phase of civil litigation, audits, or investigations. Discovery is the investigative phase of a legal case when opponents learn what evidence is available and how accessible it is. When ESI is the subject of discovery, it is called e-discovery. Recognizing that most business and personal records and communications are electronic, Judge Shira A. Scheindlin stated, "We used …

Why Are We Not Getting Better At Data Disposal?, Andy Jones

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper describes two sets of research, the first of which has been carried out over a period of four years into the levels and types of information that can be found on computer hard disks that are offered for sale on the second hand market. The second research project examined a number of second-hand hand held devices including PDAs, mobile (cell) phones and RIM Blackberry devices. The primary purpose of this research was to gain an understanding of the reasons for the failure to effectively remove potentially sensitive information from the disks and handheld devices. Other objectives included determining …

The Computer Fraud And Abuse Act And The Law Of Unintended Consequences, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

One of the most unanticipated results of the Computer Fraud and Abuse Act arose from the law of unintended consequences. The CFAA was originally enacted in 1984 to protect federal government computers from intrusions and damage caused by hackers, identity thieves, and other cyber criminals. The law was later amended to extend the scope of its application to financial institutions’, business’s and consumers’ computers. To aid in the pursuit of cyber criminals, one of the subsequent revisions to the law included provision “G” that gave the right to private parties to seek compensation for damages in a civil action for …

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

Annual ADFSL Conference on 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 …

Analysis Of The ‘Db’ Windows Registry Data Structure, Damir Kahvedžić, Tahar Kechadi

Annual ADFSL Conference on Digital Forensics, Security and Law

The Windows Registry stores a wide variety of data representing a host of different user properties, settings and program information. The data structures used by the registry are designed to be adaptable to store these differences in a simple format. In this paper we will highlight the existence of a rare data structure that is used to store a large amount of data within the registry hives. We analyse the manner in which this data structure stores its data and the implications that it may have on evidence retrieval and digital investigation. In particular, we reveal that the three of …

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

Annual ADFSL Conference on 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 …

Visualization Of Honeypot Data Using Graphviz And Afterglow, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

This research in progress paper explores the use of Graphviz and Afterglow for the analysis of data emanating from a honeypot system. Honeypot systems gather a wide range of data that is often difficult to readily search for patterns and trends using conventional log file analysis techniques. The data from the honeypots has been statically extracted and processed through Afterglow scripts to produce inputs suitable for use by the DOT graph based tools contained within Graphviz. This paper explores some of the benefits and drawbacks of currently using this type of approach.

Keywords: honeypot, network forensics, visualization, Graphviz, Afterglow

The Swinging Pendulum Of Sentencing Reform: Political Actors Regulating District Court Discretion, Lydia Brashear Tiede

Brigham Young University Journal of Public Law

No abstract provided.

Examining The Impact Of Drug Court Participation For Moderate And High Risk Offenders, Kara Kobus

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this study was to examine the impact of drug court participation among moderate and high risk offenders. While studies have found that intensive programs, such as drug courts, are more effective when focusing their services on high risk offenders, few studies have examined the relationship between offender risk and drug court effectiveness. Using the Level of Service Inventory-Revised (LSI-R) as a measure of offender risk, the study employed a quasi-experimental design to compare outcomes of drug court participants (n=228) and a matched sample of probationers (n=252). The analyses showed that drug court participants had lower rates of …

An Assessment Of Proposed Sex Offender Mobility And Residency Restrictions In Nevada, Samantha Dawn Beecher

UNLV Theses, Dissertations, Professional Papers, and Capstones

This research explores the impact of sex offender exclusion zones and residency restrictions proposed by Nevada Senate Bill 471. This law would prohibit sex offenders from being within 500 feet of places where children congregate and living within 1,000 feet of these places. Analyses conducted using Geographic Information Systems demonstrate the degree to which offender mobility, housing, employment, and access to social services may be restricted should the law be adopted and enforced. Data are also used to assess the potential impact of the law on victimization patterns. Policy implications, data limitations, and suggestions for future research are discussed.

Targeting Youth—Hit Or Miss? Juvenile Certification In Clark County, Nevada Examined, Brittnie Turquoise Watkins

UNLV Theses, Dissertations, Professional Papers, and Capstones

Juvenile certification is the method by which a juvenile may be removed from juvenile court jurisdiction and placed in the adult criminal court jurisdiction. In many cases, juvenile courts exercise judicial certifications, in which a judge determines if the case will be heard in juvenile or adult court. Many factors influence a judge's determination of certification outcomes. Legal factors include dangerousness, amenability, and maturity of the youth. Extra-legal factors include race and sex. Although judges are believed to be impartial, prior research has found that these bias factors may influence outcomes. This study assesses what factors are influential in one …

Food Justice As Crime Prevention, Avi Brisman

Journal of Food Law & Policy

In December 2008, Governor David Paterson (D-NY) proposed an 18 percent tax on nondiet sodas and fruit drinks containing less than 70 percent natural fruit juice. While the tax was part of a broader budget proposal designed to address New York State's fiscal crisis - a plan that that included new taxes and tax hikes on 137 items and services' - state officials promoted the "obesity tax," as the soft drink levy came to be called, as a public health measure.

Jurors’ Perceptions Of Juvenile Defendants: The Influence Of Intellectual Disability, Abuse History, And Confession Evidence, Cynthia J. Najdowski, Bette L. Bottoms, Maria C. Vargas

Psychology Faculty Scholarship

Understanding jurors’ perceptions of juvenile defendants has become increasingly important as more and more juvenile cases are being tried in adult criminal court rather than family or juvenile court. Intellectual disability and child maltreatment are overrepresented among juvenile delinquents, and juveniles (particularly disabled juveniles) are at heightened risk for falsely confessing to crimes. In two mock trial experiments, we examined the effects of disability, abuse history, and confession evidence on jurors’ perceptions of a juvenile defendant across several different crime scenarios. Abused juveniles were treated more leniently than nonabused juveniles only when the juvenile’s crime was motivated by self-defense against …

A Close Encounter: People To People International's Legal Research And Library Science Delegation Visits China, Richard Leiter

Marvin and Virginia Schmid Law Library: Faculty Publications

Last October, I had the privilege of leading a delegation of (mostly) law librarians on a 10-day professional visit to Beijing and ghai, China. The goal of the trip was to get acquainted with Chinese legal bibliography and China's legal system. The visit was arranged and facilitated by the People to People International Citizen Ambassadors Program headquartered in Spokane, Washington. (If you haven't heard of the organization, please check out its Web site at jwptpAi.so rsgta.)t ed on the Web site, "The purpose of People to People International is to enhance international understanding and friendship through educational, cultural, and humanitarian …

Advancing The Study Of Violence Against Women: Evolving Research Agendas Into Science, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Decades of research produced by multiple disciplines has documented withering rates of violence against women in the United States and around the globe. To further an understanding of gendered violence, a field of research has developed, but recent critiques have highlighted weaknesses that inhibit a full scientific exploration of these crimes and their impacts. This review extends beyond prior reviews to explore the field’s unique challenges, its community of scientists, and the state of its written knowledge. The review argues for moving beyond “research agendas” and proposes creation of a transdisciplinary science for the field of study of violence against …

Advancing The Study Of Violence Against Women: Response To Commentaries And Next Steps, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

Book Review, Supranational Criminology: Towards A Criminology Of International Crimes (Alette Smeulers & Roelof Haveman Eds., 2008), Mark A. Drumbl

Scholarly Articles

Not available.

Intimate Partner Violence: Criminal Justice Responses To High Lethality Cases, Victoria E. Collins

Sociology & Criminal Justice Theses & Dissertations

This study examines the relationship between the level of violence suffered by the victim in a domestic violence relationship and the criminal justice responses to that violence, namely arrest, prosecution and the issuance of protective orders. Data was obtained from a nonprofit domestic violence agency in Virginia Beach, Virginia. The data was collected by agency staff from victims seeking assistance. This study found that female victims of domestic violence that suffered higher levels of violence at the hands of their abuser were more likely to be issued a protective order. Female victims who suffered higher levels of violence were not …

Principios, Moral Y Positivismo Jurídico: Respuestas Y Redefinición Del Positivismo Contemporáneo [Principles, Morality And Legal Positivism], Jorge Luis Fabra-Zamora

Journal Articles

El objetivo de este escrito es hacer una esbozar la evolución del positivismo jurídico desde las críticas de Dworkin. La idea principal es servir como una introducción a este importante debate de la Filosofía del Derecho. El autor parte de una elucidación del Problema Original, analiza las respuestas incluyentes y excluyentes del Positivismo y Finaliza con la tesis que fueron los principios los causantes de la redefinición del Positivismo Jurídico.

[This paper seeks to sketch the evolución of Legal Positivism since Dworkin criticism. The main idea is to serve as an introduction of this current debate in Legal Philosophy. The …

Estimating The Differential Costs Of Criminal Activity For Juvenile Drug Court Participants: Challenges And Recommendations, Kathryn E. Mccollister, Michael T. French, Ashli J. Sheidow, Scott W. Henggeler, Colleen Halliday-Boykins

Sociology Faculty Articles and Papers

Juvenile drug court (JDC) programs have expanded rapidly over the past 20 years and are an increasingly popular option for rehabilitating juvenile offenders with substance use problems. Given the high cost of crime to society, an important economic question is whether and to what extent JDC programs reduce criminal activity among juvenile offenders. To address this question, the present study added an economic cost analysis to an ongoing randomized trial of JDC conducted in Charleston, South Carolina. Four treatment conditions were included in the parent study: Family Court with usual community-based treatment (FC, the comparison group), Drug Court with usual …

A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg

Law Faculty Scholarship

Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age …

The Death Of The American Trial, Robert P. Burns

Faculty Working Papers

This short essay is a summary of my assessment of the meaning of the "vanishing trial" phenomenon. It addresses the obvious question: "So what?" It first briefly reviews the evidence of the trial's decline. It then sets out the steps necessary to understand the political and social signficance of our vastly reducing the trial's importance among our modes of social ordering. The essay serves as the Introduction to a book, The Death of the American Trial, soon to be published by the University of Chicago Press.

The Language Of Consent In Police Encounters, Janice Nadler, J.D. Trout

Faculty Working Papers

In this chapter, we examine the nature of conversations in citizen-police encounters in which police seek to conduct a search based on the citizen's consent. We argue that when police officers ask a person if they can search, citizens often feel enormous pressure to say yes. But judges routinely ignore these pressures, choosing instead to spotlight the politeness and restraint of the officers' language and demeanor. Courts often analyze the language of police encounters as if the conversation has an obvious, context-free meaning. The pragmatic features of language influence behavior, but courts routinely ignore or deny this fact. Instead, current …

Who Gets To Be The Expert?: Legal Research Skills Certification In Legal Education, Richard Leiter

Marvin and Virginia Schmid Law Library: Faculty Publications

This article considers the question of whether there is a need for law schools to offer certification for specialization in legal research skills and discusses various approaches to legal research skills cer­tification. The author argues that it is unnecessary to offer legal research certification as it is presupposed that a basic legal educa­tion should include instruction in how to find and read the law. Anything less is a failed legal education.

Exactly how special are legal research skills? Are they special enough to warrant certification? As a matter of fact, the act of legal researching is so intimately connected with …