Legal Studies Commons^™

Digital Forensics For Mobility As A Service Platform: Analysis Of Uber Application On Iphone And Cloud, Nina Matulis, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Uber is a ride-hailing smartphone application (app) that allows users to order a ride in a highly efficient manner. The Uber app provides Mobility as a Service and allows users to easily order a ride in a private car with just a few clicks. Uber stores large amounts of data on both the mobile device the app is being used on, and in the cloud. Examples of this data include geolocation data, date/time, origin/destination addresses, departure/arrival times, and distance. Uber geolocation data has been previously researched to investigate the privacy of the Uber app; however, there is minimal research relating …

Smart Home Forensics: Identifying Ddos Attack Patterns On Iot Devices, Samuel Ho, Hope Greeson, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Smart homes are becoming more common as more people integrate IoT devices into their home environment. As such, these devices have access to personal data on their homeowners’ networks. One of the advantages of IoT devices is that they are compact. However, this limits the incorporation of security measures in their hardware. Misconfigured IoT devices are commonly the target of malicious attacks. Additionally, distributed denial-of-service attacks are becoming more common due to applications and software that provides users with easy-to-use user interfaces. Since one vulnerable device is all an attacker needs to launch an attack on a network, in regards …

Microsoft Defender Will Be Defended: Memoryranger Prevents Blinding Windows Av, Denis Pogonin, Igor Korkin, Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Windows OS is facing a huge rise in kernel attacks. An overview of popular techniques that result in loading kernel drivers will be presented. One of the key targets of modern threats is disabling and blinding Microsoft Defender, a default Windows AV. The analysis of recent driver-based attacks will be given, the challenge is to block them. The survey of user- and kernel-level attacks on Microsoft Defender will be given. One of the recently published attackers’ techniques abuses Mandatory Integrity Control (MIC) and Security Reference Monitor (SRM) by modifying Integrity Level and Debug Privileges for the Microsoft Defender via syscalls. …

The Implications Of A Militarized Police Force In The United States, Nhat Dang

Themis: Research Journal of Justice Studies and Forensic Science

The police model in America is slowly changing. From the early days of America, the police were modeled after the London Metropolitan Police. Over time, this has changed from a civilian police model into a more militaristic one. Police militarization in America can be traced to the implementation of the 1033 program, which granted local law enforcement agencies surplus military equipment such as weapons, surveillance gadgets, and armored vehicles. This research paper examines the effects of increasing police militarization on public perception and public trust of police.

Detection Of Overlapping Passive Manipulation Techniques In Image Forensics, Gianna S. Lint, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

With a growing number of images uploaded daily to social media sites, it is essential to understand if an image can be used to trace its origin. Forensic investigations are focusing on analyzing images that are uploaded to social media sites resulting in an emphasis on building and validating tools. There has been a strong focus on understanding active manipulation or tampering techniques and building tools for analysis. However, research on manipulation is often studied in a vacuum, involving only one technique at a time. Additionally, less focus has been placed on passive manipulation, which can occur by simply uploading …

Coming Debates To Advance New Treaty On Crimes Against Humanity Will Require Skillful Leadership, Leila Nadya Sadat, Akila Radhakrishnan

Scholarship@WashULaw

The resolution adopted recently at the United Nations General Assembly’s legal committee on draft articles for a treaty on crimes against humanity creates a two-year process for debate and discussion of the proposal within the committee. This opens the door for the possible adoption of a new, critically needed, global treaty on crimes against humanity within the next three or four years. Such a treaty would close several gaps in the legal architecture of atrocity crimes — particularly the legal obligation to prevent crimes against humanity, a duty not imposed by complementary regimes, including the Rome Statute of the International …

Little Progress In The Sixth Committee On Crimes Against Humanity, Leila Nadya Sadat

Scholarship@WashULaw

This essay takes up the work of the UN Sixth Committee to date on crimes against humanity. It offers the first comprehensive tabulation of States’ positions, an analysis of the work accomplished thus far, and suggests a potential roadmap for advancing the adoption of a new global treaty on crimes against humanity. The essay notes the substantial progress made by the International Law Commission in the development and shaping of the proposed draft treaty as well as the substantial support the ILC’s work has attracted from States. At the same time, it underscores the disappointing outcome of this year’s negotiations, …

Centering Noncitizens’ Free Speech, Gregory P. Magarian

Scholarship@WashULaw

First Amendment law pays little attention to noncitizens’ free speech interests. Perhaps noncitizens simply enjoy the same First Amendment rights as citizens. However, ambivalent and sometimes hostile Supreme Court precedents create serious cause for concern. This Essay advocates moving noncitizens’ free speech from the far periphery to the center of First Amendment law. Professor Magarian posits that noncitizens epitomize a condition of speech inequality, in which social conditions and legal doctrines combine to create distinctive, unwarranted barriers to full participation in public discourse. First Amendment law can ameliorate speech inequality by promoting an ethos of free speech obligation, amplifying the …

Representation Without Elections: Civil Society Participation As A Remedy For The Democratic Deficits Of Online Speech Governance, Brenda Dvoskin

Scholarship@WashULaw

Giant social media companies wield oversized power over what gets communicated online. Yet, it remains unclear how to hold that power accountable to the public. In democracies, governments are limited in how much they can regulate speech directly, creating an obstacle for efforts to make online speech governance more democratic. Corporations are touting civil society consultations to try to regain trust in how they write their rules. Scholars and lawmakers, too, are looking to mandate increased reliance on civil society participation as a means to democratize private governance without involving governmental bodies.

These proposals often make two assumptions. One is …

Do Social Movements Spur Corporate Change? The Rise Of 'Metoo Termination Rights' In Ceo Contracts, James Hicks, Rachel Arnow-Richman, Steven Davidoff Solomon

Scholarship@WashULaw

Do social movements spur corporate change? This Article sheds new empirical and theoretical light on the issue through an original study of executive contracts before and after MeToo. The MeToo movement, beginning in late 2017, exposed a workplace culture seemingly permissive of high-level, sex-based misconduct. Companies typically responded slowly and imposed few consequences on perpetrators, often allowing them to depart with lucrative exit packages. Why did companies reward rather than penalize bad actors, and has the movement disrupted this culture of complicity?

The passage of time since the height of the movement allows us to investigate these issues empirically, using …

Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, And Democratic Design, Sheldon Evans

Scholarship@WashULaw

Statutory interpretation is a unique legal field that appreciates fiction as much as fact. For years, judges and scholars have acknowledged that canons of interpretation are often based on erudite assumptions of how Congress drafts federal statutes. But a recent surge in legal realism has shown just how erroneous many of these assumptions are. Scholars have created a robust study of congressional practices that challenge many formalist canons of interpretation that are divorced from how Congress thinks about, drafts, and enacts federal statutes. This conversation, however, has yet to confront statutory incorporation, which describes when Congress incorporates state law into …

Legislating Data Loyalty, Neil M. Richards, Woodrow Hartzog

Scholarship@WashULaw

Lawmakers looking to embolden privacy law have begun to consider imposing duties of loyalty on organizations trusted with people’s data and online experiences. The idea behind loyalty is simple: organizations should not process data or design technologies that conflict with the best interests of trusting parties. But the logistics and implementation of data loyalty need to be developed if the concept is going to be capable of moving privacy law beyond its “notice and consent” roots to confront people’s vulnerabilities in their relationship with powerful data collectors.

In this short Essay, we propose a model for legislating data loyalty. Our …

Understanding American Privacy, Neil M. Richards, Andrew B. Serwin, Tyler Blake

Scholarship@WashULaw

This Article is an explanation of some of the key features of American privacy law for a general audience. In particular, it tries to explain American privacy law against the critique that because the US currently lacks a European-style privacy law, the United States lacks much in the way of privacy law. We argue that the lack of a European-style data protection law in the United States is not the end of the analysis. This article therefore offers a basic roadmap to American privacy law for the uninitiated. In order to understand American privacy, we believe that it is important …

Judicial Compliance In District Courts, Jens Frankenreiter, Daniel L. Chen

Scholarship@WashULaw

Public enforcement of law relies on the use of public agents, such as judges, to follow the law. Are judges motivated only by strategic interests and ideology, as many models posit, rather than a duty to follow the law? We use the random assignment of U.S. Federal judges setting geographically-local precedent to document the causal impact of court decisions in a hierarchical legal system. We examine lower court cases filed before and resolved after higher court decisions and find that lower courts are 29-37% points more likely to rule in the manner of the higher court. The results obtain when …

Evaluating A Test For Shedding Propensity Using Tape Lifts From Different Skin Locations, Xiao M. Chen

Student Theses

The shedding propensity of a person can assist data interpretation in casework when assessing the possibility of passive transfer for DNA analysis. Past studies on shedding propensity evaluated palmar skin (washed and unwashed) deposits. This study compared different skin locations with respect to shedding propensity, and explored the potential of tape-lifts as a skin surface collection method. Eight different skin types and samples were collected with adhesive tape disks from 28 participants over three non-consecutive days; the washed and unwashed fingers from both hands, toe, and arm, neck below ear, and nape. Samples were extracted, quantified, amplified, genotyped, and evaluated …

Safe At Home?, Mary Steffenhagen

Capstones

Homeschooling is rising in America at an unprecedented rate. This investigative story package examines some of the regulatory bounds of the practice, challenges it poses to child welfare interests, and how those issues impact the everyday lives of children being homeschooled. It was produced in Andy Lehren’s investigative reporting class, with an audio component produced in Narrative Podcast. You can read and listen to it at www.marysteffenhagen.com/capstone (password protected).

Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This presentation provides an overview of Supreme Court caselaw regarding qualified immunity and government officials’ right to interlocutory appeal from denials of qualified immunity, and provides a brief discussion of ways trial lawyers can overcome interlocutory appeals to provide their injured plaintiffs with an opportunity to be heard and vindicated at trial by a jury.

Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

“Open courts” are a bedrock principal of our judicial system, and court secrecy, including concealment of pretrial proceedings, poses a serious threat to public safety. Overbroad protective orders have concealed facts uncovered during litigation regarding some of the most important public harms, keeping them secret when the public needs protection. Protective orders routinely include provisions that allow parties to designate discovery material as “confidential” without further judicial review. These orders are often abused and result in unnecessary costs to litigants, the courts, and the public’s confidence in the court system. This is always a mistake because it harms the discovery …

The Implementation Of Tribal Provisions From The Vawa 2013 Reauthorization, Deejay E. Chino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent changes in VAWA allows tribes – for the first time – to prosecute non-Indians for intimate partner violence. In order to do so, however, tribes have to first meet specific federal mandates. Implementation of federal regulatory policy by American Indian tribes is a dynamic and complex process but there is a dearth of information on the challenges tribes face or on factors that would facilitate successful implementation at the tribal level. This legislation has filled a serious gap in tribal jurisprudence but not all tribes are able to meet requirements, which include having specific legal codes and justice resources. …

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Journal Articles

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …

Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Fewer, Not Fairer, Victoria Smiegocki, Pamela R. Metzger, Andrew L.B. Davies

Deason Center Reports

In 2019, police across Dallas County asked the District Attorney to prosecute fewer marijuana cases than the year before. This report examines whether the racial disparity in those cases improved at the same time. Fewer, Not Fairer shows that while the number of referrals declined, police were still more likely to refer a Black person for marijuana prosecution than a non-Black person. However, some cities achieved more fairness when their police departments almost entirely stopped requesting marijuana prosecutions altogether.

Linguistic Branching Of Semantics In Arabic: A Social Approach, Hanan Ismael Amayreh, Mohammad Ismael Amayreh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Linguist Branching is appropriate for Arabic Language as words branch out mostly from roots, and every root becomes a tree, which is different from others, not because of the tree itself, but because of what society uses. Language branching expresses the controversial relationship between the language and the rules that govern it from one side, and society’s preference of certain terms over others from the other side. This study tries to answer the following questions: does the language impose the used words, or does it offer options for society to choose what suits it? The study reaches a conclusion that …

The Reality Of Applying Governance Within The Criteria Of Quality Assurance At Schools Of Sport Science At Jordanian Universities, Sari Ahmad Hamdan, Fatima Marof Al-Khrisat

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study examines the reality of applying governance within The Criteria of Quality Assurance at schools of Sport Science at Jordanian Universities from their members perspective. It also aims at finding out the differences in the schools' members perspective. The sample of the study consisted of (86) school members who work in (University of Jordan, Yarmouk University, Mu'tah University, Hashemite University, and Al-Ahliyya Amman University). To achieve the objectives of the study, the Descriptive approach was used. The results showed that the reality of applying governance came to a high degree, and they were statistically significant in the perspective of …

The Image Of The Andalusian Woman In Love And Adored In The Muwashahat Of The Sixth Century Ah In Andalusia, Ali Mosa A-Masha’Leh, Nawal Abd Rahman Al-Shawabkeh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This research aims at exploring the image of the Andalusian woman in love and adored in the sixth hijri century of Andalusia. It explores the real image of women through Andalusian muwashahat and books of literature, translations and others. This research displays the image of the beloved woman and her relationship with her mother where washaheen discuss her beauty. As for the beloved woman, washaheen believe that she has the right to flirt with men, so she was given the chance to express herself using the last section of muwashat. The woman searches for her lover, so she goes to …

The Degree To Which The Use Of Modern Educational Technologies On The Quality Of Education And Its Development In Al-Ahliyya Amman University From The Viewpoint Of Faculty Members, Sawsan Badrakhan, Hafizah Muhammad Mahmoud, Feda Ghnaim, Suleiman Alnaimi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The study aims at identifying the degree to which the use of modern educational technologies on the quality of education and its development in al-ahliyya Amman university from the viewpoint of faculty members by developing a questionnaire consisting of (20) items which were distributed to a random sample consisting of (198) faculty members. The results of the study showed that the most important modern technologies used in university education are: first, information network (the Internet) with a rate of (18.70%), and second, social networking sites, with a rate of (15.9%). The degree of impact of the use of modern technologies …

The Obstacles Faced By The Middle School Leaders Who Apply The Initiative Of Transition Towards Digital Learning, Amal Ibrahim Aldhafar

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at identifying the obstacles faced by the middle school leaders when they apply The Initiative of Transition Towards Digital Learning as well as determining the degree of responses of middle school leaders to these obstacles according to variables such as; (years of experience and school size). In order to achieve the objectives of this study, the descriptive method and the questionnaire method were used. The above methods were applied and distributed amongst the (25) school leaders who applied The Initiative of Transition Towards Digital Learning. The study concluded that obstacles of the application of middle school leaders …

Type D Personality, And The Levels Of Anxiety And Depression In A Sample Of Cardiac Patients In Comparison To Their Non-Patient Counterparts, Fatma Faris Najjar, Wisam Breik

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The present study aims at exploring the prevalence of type D personality (distressed personality) and the levels of anxiety (trait) and depression in a sample of cardiac patients in comparison to their non-patient counterparts in Jordan. To achieve the objectives of the study, an adapted form of type D personality scale-DS14, Trait Anxiety Scale and Beck Inventory were utilized. The study sample consisted of 309 individuals; 306 of which cardiac patients (73 males and 83 females) whose illness is not due to congenital causes and 153 non-patients (83 males and 70 females) as a comparative group, who were chosen from …

Textual Consistency Mechanisms In The Poem "Lost Nostalgia" By Abu Alqasim Alshabbi, Esa Slah Al Tarawneh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The research addresses a significant topic related to (Text Linguistics) based on analyzing poetry speech textuality. The research tracks a textual occurrence as the base of assessing the text quality, which is "Textual Consistency”. The research will study the Textual Consistency mechanism in Abu Alqasim Alshabbi's poem, "Alashwaq Altae'ha", unfolding the consistency of its phonetics, vocabularies, and structural contents, highlighting the significant role of these mechanisms on this outstanding text in maintaining its unity, coherence and cohesion. The research adopted the Descriptive approach, using literary analysis. Key words: Textual Linguistics, Text, Consistency, Abu Alqasim Alshabbi, "Alashwaq Altae'ha”.

The Doctrine Of Functus Officio And Its Exceptions Under The Arbitration Law Of Jordan, Mosleh Ahmad Al Tarawneh, Jalal Mahmoud Al-Qhaiwi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study examines the doctrine of Functus Officio and its exceptions under the Jordanian Arbitration Law and its relation with the doctrine of res judicata. We will first shed the light on on the doctrine and the awards to which it apply. Then, we will examine the exceptions of the doctrine that alleviate the potential harshness of the doctrine. These exceptions are: correction of clerical error in the award, interpretation of ambiguities or obscurities in the text of the award and supplementation or the issuance of an additional award on matters or claims presented in the arbitral proceedings but omitted …