Legal Studies Commons^™

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.

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.

An Innocent Murder? The Laws Of International Armed Conflict And The 2006 Tragedy At Qana, Brendan Groves

Global Tides

In the early morning of June 30, 2006, Israeli warplanes struck a civilian apartment complex in Qana, Lebanon, killing some 28 persons, none of whom were thought to have been Hezbollah militants. Footage of the attack was streamed instantly across the world, leading many to decry Israel’s tactics in its conflict against Hezbollah. But did the attack actually violate the Laws of International Armed Conflict? Or, worse, does the attack epitomize the notion of an innocent murder—terrible, perhaps immoral, but lawful? Furthermore, do Hezbollah’s violations of the LOIAC excuse reactionary violations by Israel? This paper offers an analysis of the …

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.

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 …

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

Publications and Research

No abstract provided.

Forensic Analysis Of Xbox Consoles, Paul Burke, Philip Craiger

Publications

Microsoft’s Xbox game console can be modified to run additional operating systems, enabling it to store gigabytes of non-game related files and run various computer services. Little has been published, however, on procedures for determining whether or not an Xbox console has been modified, for creating a forensic duplicate, and for conducting a forensic investigation. Given the growing popularity of Xbox systems, it is important to understand how to identify, image and examine these devices while reducing the potential of corrupting the media. This paper discusses Xbox forensics and provides a set of forensically-sound procedures for analyzing Xbox consoles.

Death Penalty Knowledge, Opinion, And Revenge: A Test Of The Marshall Hypotheses In A Time Of Flux, Gavin Lee

Electronic Theses and Dissertations

This thesis tests the three hypotheses derived from the written opinion of Justice Thurgood Marshall in Furman v Georgia in 1972. Subjects completed questionnaires at the beginning and the end of the fall 2006 semester. Experimental group subjects were enrolled in a death penalty class, while control group subjects were enrolled in another criminal justice class. The death penalty class was the experimental stimulus. Findings provided strong support for the first and third hypotheses, i.e., subjects were generally lacking in death penalty knowledge before the experimental stimulus, and death penalty proponents who scored "high" on a retribution index did not …

Airport Security: Examining The Current State Of Acceptance Of Biometrics And The Propensity Of Adopting Biometric Technology Fo, Kristine Sumner

Electronic Theses and Dissertations

The terrorist attacks of September 11, 2001 propelled the issue of aviation security to the forefront of the U.S. domestic agenda. Although hundreds of individual airports exist in the U.S., the travel activities at each of these airports combine to holistically comprise an aviation system that represents a significant portion of the U.S. social and economic infrastructure. Disruption at one airport resulting from a criminal act, such as terrorism, could exert detrimental effects upon the aviation system and U.S national security (9/11 Commission, 2004). Each U.S. airport is individually responsible for various aspects of security including the control of physical …