Legal Studies Commons^™

Tripartite Solution To Eyewitness Error, A , Richard A. Wise, Kristen A. Dauphinais, Martin A. Safer

Journal of Criminal Law and Criminology

No abstract provided.

Attitudes Of Police Executives Toward Miranda And Interrogation Policies, The , Marvin Zalman, Brad W. Smith

Journal of Criminal Law and Criminology

No abstract provided.

Originalism And The Natural Born Citizen Clause, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The enigmatic phrase "natural born citizen" poses a series of problems for contemporary originalism. New originalists, like Justice Scalia, focus on the public meaning of the constitutional text, but the notion of a "natural born citizen" was likely a term of art, derived from the idea of a "natural born subject" in English law--a category that most likely did not extend to persons, like John McCain, who were born outside sovereign territory. But the constitution speaks of "citizens" and not "subjects," introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.

What was the original …

A Grounded Theory Approach To Identifying And Measuring Forensic Data Acquisition Tasks, Gregory H. Carlton

Journal of Digital Forensics, Security and Law

As a relatively new field of study, little empirical research has been conducted pertaining to computer forensics. This lack of empirical research contributes to problems for practitioners and academics alike.

For the community of practitioners, problems arise from the dilemma of applying scientific methods to legal matters based on anecdotal training methods, and the academic community is hampered by a lack of theory in this evolving field. A research study utilizing a multi-method approach to identify and measure tasks practitioners perform during forensic data acquisitions and lay a foundation for academic theory development was conducted in 2006 in conjunction with …

Information Governance: A Model For Security In Medical Practice, Patricia A. Williams

Journal of Digital Forensics, Security and Law

Information governance is becoming an important aspect of organisational accountability. In consideration that information is an integral asset of most organisations, the protection of this asset will increasingly rely on organisational capabilities in security. In the medical arena this information is primarily sensitive patient-based information. Previous research has shown that application of security measures is a low priority for primary care medical practice and that awareness of the risks are seriously underestimated. Consequently, information security governance will be a key issue for medical practice in the future. Information security governance is a relatively new term and there is little existing …

Book Review: Conquest In Cyberspace: National Security And Information Warfare, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This is the Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler ([email protected]) or Glenn Dardick ([email protected]).

Information Technology Act 2000 In India - Authentication Of E-Documents, R. G. Pawar, B. S. Sawant, A. Kaiwade

Journal of Digital Forensics, Security and Law

The Information Technology Act 2000 has enacted in India on 9th June 2000. This Act has mentioned provision of authentication of electronic document. It is the need of hour at that time that such provision is needed in the Indian Law system, especially for electronic commerce and electronic governance. Electronic commerce”, which involve the use of alternatives to paper based methods of communication and storage information. To do electronic commerce there should be authentication of particular document. The working of internet is the documents are traveling in terms of bits from one destination to other destination, through various media like …

Monitoring And Surveillance In The Workplace: Lessons Learnt? – Investigating The International Legal Position, Verine Etsebeth

Journal of Digital Forensics, Security and Law

When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this …

Education Organization Baseline Control Protection And Trusted Level Security, Wasim A. Al-Hamdani

Journal of Digital Forensics, Security and Law

Many education organizations have adopted for security the enterprise best practices for implementation on their campuses, while others focus on ISO Standard (or/and) the National Institution of Standards and Technology.

All these adoptions are dependent on IT personal and their experiences or knowledge of the standard. On top of this is the size of the education organizations. The larger the population in an education organization, the more the problem of information and security become very clear. Thus, they have been obliged to comply with information security issues and adopt the national or international standard. The case is quite different when …

Network And Database Security: Regulatory Compliance, Network, And Database Security - A Unified Process And Goal, Errol A. Blake

Journal of Digital Forensics, Security and Law

Database security has evolved; data security professionals have developed numerous techniques and approaches to assure data confidentiality, integrity, and availability. This paper will show that the Traditional Database Security, which has focused primarily on creating user accounts and managing user privileges to database objects are not enough to protect data confidentiality, integrity, and availability. This paper is a compilation of different journals, articles and classroom discussions will focus on unifying the process of securing data or information whether it is in use, in storage or being transmitted. Promoting a change in Database Curriculum Development trends may also play a role …

Book Review: No Place To Hide, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This issue presents the second Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler ([email protected]) or Glenn Dardick ([email protected]).

The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney

Journal of Digital Forensics, Security and Law

Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which …

Computer Crimes: A Case Study Of What Malaysia Can Learn From Others?, Janaletchumi Appudurai, Chitra L. Ramalingam

Journal of Digital Forensics, Security and Law

Rapid development of information technology (IT) has brought with it many new applications such as e-commerce and global business. The past few years have seen activities in the legislative arena covering issues such as digital signatures, the international recognition of electronic documents and privacy and data protection. Both the developed and developing countries have exhibited keenness to embrace the IT environment. Securing this electronic environment from intrusion, however, continues to be problematic. A particular favorite form of computer crime would be ‘hacking’. As more computer systems move on to on-line processing and improved telecommunications, computer hackers are now a real …

Cls Wasn't Killed By A Question, John Henry Schlegel

Journal Articles

No abstract provided.

Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis

Publications and Research

No abstract provided.

End Natural Life Sentences For Juveniles, Jeffrey A. Fagan

Faculty Scholarship

In 2005, the U.S. Supreme Court in Roper v. Simmons (125 S. Ct. 1183) banned executions of persons who commit capital murder before they reach age 18. Roper overturned death sentences for 72 people in 18 states (Streib, 2005). Most (but not all) were resentenced to natural life or life in prison without the possibility of parole (or JLWOP). Juvenile justice advocates now want to extend Roper’s maturity heuristic, proportionality analysis, aversion to errors, and deference to international laws and norms to argue for a constitutional ban on natural life sentences for adolescent offenders. This move could have a far …

Identifying Non-Volatile Data Storage Areas: Unique Notebook Identification Information As Digital Evidence, Nikica Budimir, Jill Slay

Journal of Digital Forensics, Security and Law

The research reported in this paper introduces new techniques to aid in the identification of recovered notebook computers so they may be returned to the rightful owner. We identify non-volatile data storage areas as a means of facilitating the safe storing of computer identification information. A forensic proof of concept tool has been designed to test the feasibility of several storage locations identified within this work to hold the data needed to uniquely identify a computer. The tool was used to perform the creation and extraction of created information in order to allow the analysis of the non-volatile storage locations …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Making Molehills Out Of Mountains: Bringing Security Research To The Classroom, Richard G. Taylor

Journal of Digital Forensics, Security and Law

Security research published in academic journals rarely finds its way to the business community or into the classroom. Even though the research is of high quality, it is written in a manner that is difficult to read and to understand. This paper argues that one way to get this academic research into the business community is to incorporate it into security classrooms. To do so, however, academic articles need to be adapted into a classroom-friendly format. This paper suggests ways to do this and provides an example of an academic article that was adapted for use in a security management …

The Common Body Of Knowledge: A Framework To Promote Relevant Information Security Research, Kenneth J. Knapp, F. N. Ford, Thomas E. Marshall, R. K. Rainer

Journal of Digital Forensics, Security and Law

This study proposes using an established common body of knowledge (CBK) as one means of organizing information security literature. Consistent with calls for more relevant information systems (IS) research, this industrydeveloped framework can motivate future research towards topics that are important to the security practitioner. In this review, forty-eight articles from ten IS journals from 1995 to 2004 are selected and cross-referenced to the ten domains of the information security CBK. Further, we distinguish articles as empirical research, frameworks, or tutorials. Generally, this study identified a need for additional empirical research in every CBK domain including topics related to legal …

Book Review: Computer Forensics: Principles And Practices, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This issue presents the third Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler ([email protected]) or Glenn Dardick ([email protected]).

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Investigating Information Structure Of Phishing Emails Based On Persuasive Communication Perspective, Ki J. Lee, Il-Yeol Song

Journal of Digital Forensics, Security and Law

Current approaches of phishing filters depend on classifying messages based on textually discernable features such as IP-based URLs or domain names as those features that can be easily extracted from a given phishing message. However, in the same sense, those easily perceptible features can be easily manipulated by sophisticated phishers. Therefore, it is important that universal patterns of phishing messages should be identified for feature extraction to serve as a basis for text classification. In this paper, we demonstrate that user perception regarding phishing message can be identified in central and peripheral routes of information processing. We also present a …

The Design And Implementation Of An Automated Security Compliance Toolkit: A Pedagogical Exercise, Guillermo Francia, Brian Estes, Rahjima Francia, Vu Nguyen, Alex Scroggins

Journal of Digital Forensics, Security and Law

The demand, through government regulations, for the preservation of the security, integrity, and privacy of corporate and customer information is increasing at an unprecedented pace. Government and private entities struggle to comply with these regulations through various means—both automated and manual controls. This paper presents an automated security compliance toolkit that is designed and developed using mostly open source tools to demonstrate that 1) meeting regulatory compliance does not need to be a very expensive proposition and 2) an undertaking of this magnitude could be served as a pedagogical exercise for students in the areas of collaboration, project management, software …

An Exploratory Analysis Of Computer Mediated Communications On Cyberstalking Severity, Stephen D. Barnes, David P. Biros

Journal of Digital Forensics, Security and Law

The interaction between disjunctive interpersonal relationships, those where the parties to the relationship disagree on the goals of the relationship, and the use of computer mediated communications channels is a relatively unexplored domain. Bargh (2002) suggests that CMC channels can amplify the development of interpersonal relationships, and notes that the effect is not constant across communications activities. This proposal suggests a line of research that explores the interaction between computer mediated communications (CMC) and stalking, which is a common form of disjunctive relationships. Field data from cyberstalking cases will be used to look at the effects of CMC channels on …

Eliminating The Judicial Function In Consumer Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

The centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has been the means test, a formulaic statutory directive pursuant to which courts are to presume abuse of the bankruptcy system by Chapter 7 debtors who have an ability to repay past debts with future income. This Essay provides a new insight into means testing by arguing that, more than anything else, it has brought about a significant change in the institutional design of bankruptcy courts: namely, the increased blurring of administrative and judicial functions. The Essay concludes that this development should be cause for concern as …

Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery

Faculty Scholarship

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …

Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M. Richards, Daniel J. Solove

Scholarship@WashULaw

The familiar legend of privacy law holds that Samuel Warren and Louis Brandeis invented the right to privacy in 1890, and that William Prosser aided its development by recognizing four privacy torts in 1960. In this article, Professors Richards and Solove contend that Warren, Brandeis, and Prosser did not invent privacy law, but took it down a new path. Well before 1890, a considerable body of Anglo-American law protected confidentiality, which safeguards the information people share with others. Warren, Brandeis, and later Prosser turned away from the law of confidentiality to create a new conception of privacy based on the …

Lower Court Discretion, Pauline Kim

Scholarship@WashULaw

Empirical scholars typically model the judicial hierarchy in terms of a principal-agent relationship in which the Supreme Court, the principal, sets policy and the lower federal courts, as agents, must implement that policy faithfully. The law is a signal - the means by which the Court communicates its preferences. This article argues instead for recognizing the law as an independent normative force. Empirical scholars fail to take seriously the role of law because they reject as implausible formalistic accounts of its operation. This article advances a more nuanced account of how law shapes the decision-making environment, one that focuses on …