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2007

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Articles 151 - 179 of 179

Full-Text Articles in Legal Studies

Advances In Fire Debris Analysis, Mary Williams Jan 2007

Advances In Fire Debris Analysis, Mary Williams

Electronic Theses and Dissertations

Fire incidents are a major contributor to the number of deaths and property losses within the United States each year. Fire investigations determine the cause of the fire resulting in an assignment of responsibility. Current methods of fire debris analysis are reviewed including the preservation, extraction, detection and characterization of ignitable liquids from fire debris. Leak rates were calculated for the three most common types of fire debris evidence containers. The consequences of leaking containers on the recovery and characterization of ignitable liquids were demonstrated. The interactions of hydrocarbons with activated carbon during the extraction of ignitable liquids from the …

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Eliminating The Judicial Function In Consumer Bankruptcy, Rafael I. Pardo Jan 2007

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 …

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Securities Underwriters In Public Capital Markets: The Existence, Parameters And Consequences Of The Fiduciary Obligation To Avoid Conflicts, Andrew F. Tuch Jan 2007

Securities Underwriters In Public Capital Markets: The Existence, Parameters And Consequences Of The Fiduciary Obligation To Avoid Conflicts, Andrew F. Tuch

Scholarship@WashULaw

This article considers whether an investment bank, when acting as underwriter of a public securities offering, owes the issuing company the fiduciary obligation to avoid conflicts of interest. The question has not arisen for final judicial determination and has been overlooked by scholars and regulators. The highly lucrative and visible nature of underwriting work creates powerful incentives for investment banks to accept instructions in the face of this duty. At the same time, the web of loyalties that these institutions owe, by virtue of their broad and diverse range of products and services, creates intractable practical difficulties for compliance with …

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Normativity In The "New" Schools: Assessing The Legitimacy Of International Legal Norms Created By Domestic Courts, Melissa A. Waters Jan 2007

Normativity In The "New" Schools: Assessing The Legitimacy Of International Legal Norms Created By Domestic Courts, Melissa A. Waters

Scholarship@WashULaw

One of the great legacies of the New Haven School was its early recognition of the tremendous dynamism and complexity of the international lawmaking process. Its proponents wisely rejected both Austinian positivism and the traditional conception of "law" as a dichotomy of "national" and "international" legal rules. Instead, the policy-oriented jurisprudence of the New Haven School recognized and embraced the interactivity of a multiplicity of decisionmakers in shaping the international legal regime. Moreover, in defining law as an iterative process of authoritative decisionmaking, the New Haven School recognized that authoritative decisions need not necessarily come from official bodies such as …

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On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Christina L. Boyd, Lee Epstein, Andrew D. Martin Jan 2007

On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Christina L. Boyd, Lee Epstein, Andrew D. Martin

Scholarship@WashULaw

While law professors are increasingly making use of data in their scholarship and while the data work housed in their studies is (generally) of a high quality, they have been less effective at communicating the products of their labor. A strong devotion to tabular, rather than graphical, displays, and claims about "statistical significance" rather than substantive importance, are just two areas requiring improvement. Here, as in Part I, we attempt to adapt a burgeoning literature in the social and statistical sciences to the unique interests of legal scholars. Our proposals are many in number, but none is particularly difficult to …

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Criminal Mobility Of Robbery Offenders, Joe Drealan Jan 2007

Criminal Mobility Of Robbery Offenders, Joe Drealan

Electronic Theses and Dissertations

The current paper addresses the mobility and willingness to travel of robbery offenders. A five-sector robbery typology was constructed, consisting of: personal robbery, commercial robbery, carjacking robbery, home-invasion robbery, and robbery by sudden snatching. Defining mobility as the straight-line distance between the offender's home residence and the location of the robbery offense, the extent of criminal mobility for each type of robbery offense was analyzed. Using geographical information system (GIS) technologies and, more specifically, geocoding software programs, the latitudinal and longitudinal coordinates of the offender's home and offense's location was determined. It was found that a subset of robbery offenders …

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Chicago’S Little Sicily, Robert M. Lombardo Jan 2007

Chicago’S Little Sicily, Robert M. Lombardo

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

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Reconsidering Incarceration: New Directions For Reducing Crime, Don Stemen Jan 2007

Reconsidering Incarceration: New Directions For Reducing Crime, Don Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

Little empirical study had been done to confirm or refute the effectiveness of incarceration in reducing crime rates when America began its historic reliance on prisons in the 1970s. Today, conversely, policymakers are faced with a large, complex, and sometimes contradictory body of research. This paper seeks to help officials make sense of this information and offers an up-to-date understanding of what works best. It also examines research on several of the other factors that might be developed as part of an expanded notion of public safety. Informed by this more inclusive understanding of current research, it suggests that effective …

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Identifying Non-Volatile Data Storage Areas: Unique Notebook Identification Information As Digital Evidence, Nikica Budimir, Jill Slay Jan 2007

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 …

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Table Of Contents Jan 2007

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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Making Molehills Out Of Mountains: Bringing Security Research To The Classroom, Richard G. Taylor Jan 2007

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 …

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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 Jan 2007

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 …

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Book Review: Computer Forensics: Principles And Practices, Gary C. Kessler Jan 2007

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]).

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Table Of Contents Jan 2007

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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Table Of Contents Jan 2007

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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Investigating Information Structure Of Phishing Emails Based On Persuasive Communication Perspective, Ki J. Lee, Il-Yeol Song Jan 2007

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 …

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The Design And Implementation Of An Automated Security Compliance Toolkit: A Pedagogical Exercise, Guillermo Francia, Brian Estes, Rahjima Francia, Vu Nguyen, Alex Scroggins Jan 2007

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 …

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An Exploratory Analysis Of Computer Mediated Communications On Cyberstalking Severity, Stephen D. Barnes, David P. Biros Jan 2007

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 …

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The Scientific Study Of Judicial Activism, Stefanie A. Lindquist, Frank B. Cross Jan 2007

The Scientific Study Of Judicial Activism, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

Claims of judicial activism are common, from both the right and the left, but they are seldom scrutinized closely. Prior tests of judicial activism have involved simply counting the number of cases in which justices vote to invalidate statutes. This data provides a rough guide but omits any consideration of the judicial legitimacy of the statute - a decision to strike down a plainly unconstitutional statute is appropriate judicial behavior. To provide a better test, we adjust the count of statutory invalidations for each justice of the Burger Court, based upon the degree to which the votes show a consistent …

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Creeping Monism: The Judicial Trend Toward Interpretive Incorporation Of Human Rights Treaties, Melissa A. Waters Jan 2007

Creeping Monism: The Judicial Trend Toward Interpretive Incorporation Of Human Rights Treaties, Melissa A. Waters

Scholarship@WashULaw

This Article offers a narrow lens analysis of a key debate over the role of foreign authority in U.S. courts: the use of international human rights treaties in interpreting domestic law. Professor Waters argues that recent U.S. Supreme Court decisions (including Roper v. Simmons) should be viewed as part of a transnational trend among common law courts, a trend that she calls creeping monism. Common law judges are increasingly abandoning their traditional dualist orientation to treaties and are beginning to utilize human rights treaties despite the absence of implementing legislation giving domestic legal effect to the treaties. By developing a …

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Research Guide To Export Control And Wmd Nonproliferation Law, Wei Luo Jan 2007

Research Guide To Export Control And Wmd Nonproliferation Law, Wei Luo

Scholarship@WashULaw

This research guide is to guide would-be researchers to the primary sources (statutes, cases, regulations, and international treaties) and the websites of major governmental agencies in charge of export controls and the International organizations promoting non-proliferation.

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Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters Jan 2007

Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters

Scholarship@WashULaw

This article considers the role of international human rights law in the domestic context, and examines in particular the use of what the author calls a "rights­-conscious Charming Betsy canon", whereby judges in New Zealand, Canada, the United States and Australia have interpreted statutory provisions (focusing on the case study of immigration law) so as to be consistent with international human rights norms. The author also considers the more radical use of the canon, proposed in particular by the High Court of Australia's Justice Kirby, which proposes that even constitutional texts may be interpreted to be consistent with international law, …

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Lower Court Discretion, Pauline Kim Jan 2007

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 …

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Privacy's Other Path: Recovering The Law Of Confidentiality, Neil M. Richards, Daniel J. Solove Jan 2007

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 …

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Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood Jan 2007

Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood

Scholarship@WashULaw

Black students who attend school regularly, participate in the classroom experience — by either participating in class and/or turning in homework, take “AP” classes, and who perform well on tests are, not uncommonly, accused of “acting white.” This happened to me as a child, it has happened to my children and it has happened to black youth I have interviewed throughout the country. This Article explores the practice within the black community of blacks who attack — verbally and sometimes physically — other blacks simply because the latter perform well in school. The Article explores the ironies of this attack …

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Treaty Dialogue In Sanchez-Llamas: Is Chief Justice Roberts A Transnationalist, After All?, Melissa A. Waters Jan 2007

Treaty Dialogue In Sanchez-Llamas: Is Chief Justice Roberts A Transnationalist, After All?, Melissa A. Waters

Scholarship@WashULaw

Chief Justice John Roberts is generally considered to be a “nationalist” with respect to transnational judicial dialogue: for example, he has expressed skepticism as to the value of foreign authority in constitutional interpretation. In his majority opinion in Sanchez-Llamas v. Oregon, however, Roberts eagerly engages in treaty dialogue, by considering foreign and international sources in interpreting U.S. treaty obligations. This Essay examines Roberts’ use of both “direct” and “indirect” treaty dialogue in interpreting the Vienna Convention on Consular Relations. By engaging in dialogue with both treaty partners and the International Court of Justice, Roberts allows foreign precedent and practice to …

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End Natural Life Sentences For Juveniles, Jeffrey A. Fagan Jan 2007

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 …

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Factors Affecting One-Way Hashing Of Cd-R Media, Christopher Marberry, Philip Craiger Jan 2007

Factors Affecting One-Way Hashing Of Cd-R Media, Christopher Marberry, Philip Craiger

Publications

While conducting a validation study of proficiency test media we found that applying the same hash algorithm against a single CD using different forensic applications resulted in different hash values. We formulated a series of experiments to determine the cause of the anomalous hash values. Our results suggest that certain write options cause forensic applications to report different hash values. We examine the possible consequences of these anomalies in legal proceedings and provide best practices for the use of hashing procedures.

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Graduate Digital Forensics Education At The Air Force Institute Of Technology, Gilbert L. Peterson, Richard A. Raines, Rusty O. Baldwin Jan 2007

Graduate Digital Forensics Education At The Air Force Institute Of Technology, Gilbert L. Peterson, Richard A. Raines, Rusty O. Baldwin

Faculty Publications

The Department of Electrical and Computer Engineering (AFIT/ENG) at the Air Force Institute of Technology (AFIT), currently offers a graduate-level introductory course in digital forensics. Students are introduced and exposed to several challenges and topics in the digital forensics course. The course addresses the ethical and legal procedures as well as basic forensic science principles in only the most general manner. A larger percentage of lecture and lab time is spent discussing the technical details of incident response and media analysis. The detail into the network forensics and digital device analysis topics start to breach technical details but not to …

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