Legal Studies Commons^™

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

Faculty Scholarship

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …

Securitycom: A Multi-Player Game For Researching And Teaching Information Security Teams, Douglas P. Twitchell

Journal of Digital Forensics, Security and Law

A major portion of government and business organizations’ attempts to counteract information security threats is teams of security personnel. These teams often consist of personnel of diverse backgrounds in specific specialties such as network administration, application development, and business administration, resulting in possible conflicts between security, functionality, and availability. This paper discusses the use of games to teach and research information security teams and outlines research to design and build a simple, team-oriented, configurable, information security game. It will be used to study how information security teams work together to defend against attacks using a multi-player game, and to study …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers

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

This article describes the development of the Community Norms of Child Neglect Scale (CNCNS), a new measure of perceptions of child neglect, for use in community samples. The CNCNS differentiates among four subtypes of neglect (failure to provide for basic needs, lack of supervision, emotional neglect, and educational neglect). Scenarios ranging in seriousness for each subtype were presented to a large community sample (N = 3,809). Confirmatory factor analyses indicated that a four-factor model provided a better fit to the data than did a model specifying only one overall neglect factor, suggesting this sample distinguished among the four subtypes of …

Providing A Foundation For Analysis Of Volatile Data Stores, Timothy Vidas

Journal of Digital Forensics, Security and Law

Current threats against typical computer systems demonstrate a need for forensic analysis of memory-resident data in addition to the conventional static analysis common today. Certain attacks and types of malware exist solely in memory and leave little or no evidentiary information on nonvolatile stores such as a hard disk drive. The desire to preserve system state at the time of response may even warrant memory acquisition independent of perceived threats and the ability to analyze the acquired duplicate.

Tools capable of duplicating various types of volatile data stores are becoming widely available. Once the data store has been duplicated, current …

The Science Of Dna Identification: From The Laboratory To The Courtroom (And Beyond), David H. Kaye

Faculty Scholarship

This article focuses on sequences of DNA base-pairs, which are becoming increasingly important in the field of law. These DNA sequences are used by forensic scientists to discover evidence such as blood stains, semen, saliva, and hair, and has become highly useful in the courtroom with regard to exonerating the innocent and convicting the guilty. Part I of the article examines how courts may (or may not) admit DNA evidence in court through four phases: uncritical acceptance; serious challenges to analytical methods and statistical interpretation of the results; renewed acceptance of DNA evidence; and acceptance of advance systems of DNA …

Bytes, Balco, And Barry Bonds: An Exploration Of The Law Concerning The Search And Seizure Of Computer Files And An Analysis Of The Ninth Circuit's Decision In United States V. Comprehensive Drug Testing, Inc., Derek Regensburger

Journal of Criminal Law and Criminology

No abstract provided.

Gonzales V. Oregon And The Future Of Agency-Made Criminal Law, Trevor Stiles

Journal of Criminal Law and Criminology

No abstract provided.

Estimating The Impact Of Incarceration On Subsequent Offending Trajectories: Deterrent, Criminogenic, Or Null Effect, Avinash Singh Bhati, Alex R. Piquero

Journal of Criminal Law and Criminology

No abstract provided.

Why 2007 Is Not Like 1984: A Broader Perspective On Technology's Effect On Privacy And Fourth Amendment Jurisprudence, Ric Simmons

Journal of Criminal Law and Criminology

No abstract provided.

The Boundaries Of Plea Bargaining: Negotiating The Standard Of Proof, Talia Fisher

Journal of Criminal Law and Criminology

No abstract provided.

Guantanamo And Beyond: Dangers Of Rigging The Rules, Brian J. Foley

Journal of Criminal Law and Criminology

No abstract provided.

The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman

Journal of Criminal Law and Criminology

No abstract provided.

Assembling Recidivism: The Promise And Contingencies Of Post-Release Life , Mark Halsey

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Grassroots Death Sentences: The Social Movement For Capital Child Rape Laws, Monica C. Bell

Journal of Criminal Law and Criminology

No abstract provided.

Federal Rules Of Evidence 413-415 And The Struggle For Rulemaking Preeminence, Rosanna Cavallaro

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Procedure In Perspective, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.

Group Think: The Law Of Conspiracy And Collective Reason, Jens David Ohlin

Journal of Criminal Law and Criminology

No abstract provided.

The Fight For Post-Conviction Dna Testing Is Not Yet Over: An Analysis Of The Eight Remaining Holdout States And Suggestions For Strategies To Bring Vital Relief To The Wrongfully Convicted, Rachel Steinback

Journal of Criminal Law and Criminology

No abstract provided.

Symposium: Technical Change And The Evolution Of Criminal Law: Foreword

Journal of Criminal Law and Criminology

No abstract provided.

At Light Speed: Attribution And Response To Cybercrime/Terrorism/Warfare, Susan W. Brenner

Journal of Criminal Law and Criminology

No abstract provided.

Reasonable Expectations Of Privacy And Novel Search Technologies: An Economic Approach , Steven Penney

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Discovery Of Internet Communications Under The Stored Communications Act: It's Not A Level Playing Field , Marc J. Zwillinger, Christian S. Genetski

Journal of Criminal Law and Criminology

No abstract provided.

Virtual Neighborhood Watch: Open Source Software And Community Policing Against Cybercrime , Benjamin R. Jones

Journal of Criminal Law and Criminology

No abstract provided.

Playing By All The Rules: How To Define And Provide A Prior Opportunity For Cross-Examination In Child Sexual Abuse Cases After Crawford V. Washington, Prudence Beidler Carr

Journal of Criminal Law and Criminology

No abstract provided.

Proven Guilty: An Examination Of The Penalty-Free World Of Post-Conviction Dna Testing , Gwendolyn Carroll

Journal of Criminal Law and Criminology

No abstract provided.

Using Groups Statistics To Sentence Individual Criminals: An Ethical And Statistical Critique Of The Virginia Risk Assessment Program , Brian Netter

Journal of Criminal Law and Criminology

No abstract provided.

Challenge Of White Collar Sentencing, The , Ellen S. Podgor

Journal of Criminal Law and Criminology

No abstract provided.

Innocents Convicted: An Empirical Justified Factual Wrongful Conviction Rate, D. Michael Risinger

Journal of Criminal Law and Criminology

No abstract provided.