Legal Studies Commons^™

Hearts On Their Sleeves: Symbolic Displays Of Emotion By Spectators In Criminal Trials, Meghan E. Lind

Journal of Criminal Law and Criminology

No abstract provided.

Nigger: A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Gregory S. Parks, Shayne E. Jones

Journal of Criminal Law and Criminology

No abstract provided.

Formal, Categorical, But Incomplete: The Need For A New Standard In Evaluating Prior Convictions Under The Armed Carrier Criminal Act, Krystle Lamprecht

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Prosecution In Sheep's Clothing: The Punitive Effects Of Ofac Freezing Sanctions, Vanessa Ortblad

Journal of Criminal Law and Criminology

No abstract provided.

Pedophiles In Wonderland: Censoring The Sinful In Cyberspace, Gabrielle Russell

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Mens Rea For Sexual Abuse: The Case For Defining The Acceptable Risk, Eric A. Johnson

Journal of Criminal Law and Criminology

No abstract provided.

When Human Experimentation Is Criminal , L. Song Richardson

Journal of Criminal Law and Criminology

No abstract provided.

The Consequences Of Law Enforcement Officials' Failure To Record Custodial Interviews As Required By Law, Thomas P. Sullivan, Andrew W. Vail

Journal of Criminal Law and Criminology

No abstract provided.

Juveniles' Competency To Stand Trial: Wading Through The Rhetoric And The Evidence, Joseph B. Jr. Sanborn

Journal of Criminal Law and Criminology

No abstract provided.

Rethinking The Increased Focus On Penal Measures In Immigration Law As Reflected In The Expansion Of The Aggravated Felony Concept, Diana R. Podgorny

Journal of Criminal Law and Criminology

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Who Is Reading The Data On Your Old Computer?, Vivienne Mee

Journal of Digital Forensics, Security and Law

Researchers at Rits Information Security performed a study in how the Irish population disposes of their old computers. How would you dispose of your old computer, or how would the company you work for dispose of their old computers?

The majority of Irish homeowners, would bring their old computers to local civic amenity centres, give it away to a relative or sell it on to another party.

Some organisations would give their old equipment to a staff member, as a gift gesture, others may simply discard in the local civic amenity site.

What is wrong with the methods currently being …

Trends In Virtualized User Environments, Diane Barrett

Journal of Digital Forensics, Security and Law

Virtualized environments can make forensics investigation more difficult. Technological advances in virtualization tools essentially make removable media a PC that can be carried around in a pocket or around a neck. Running operating systems and applications this way leaves very little trace on the host system. This paper will explore all the newest methods for virtualized environments and the implications they have on the world of forensics. It will begin by describing and differentiating between software and hardware virtualization. It will then move on to explain the various methods used for server and desktop virtualization. Next, it will explain how …

Data Recovery From Palmmsgv001, Satheesaan Pasupatheeswaran

Journal of Digital Forensics, Security and Law

Both SMS and MMS data analysis is an important factor in mobile forensic analysis. Author did not find any mobile forensic tool that is capable of extracting short messages (SMS) and multimedia messages (MMS) from Palm Treo 750. SMS file of Palm Treo 750 is called PalmMgeV001 and it is a proprietary file system. A research work done to find a method to recover SMS data from PalmMsgV001 file. This paper is going to describe the research work and its findings. This paper also discusses a methodology that will help recover SMS data from PalmMsgV001. The PalmMsgV001 file is analysed …

Extraction And Categorisation Of User Activity From Windows Restore Points, Damir Kahvedžić, Tahar Kechadi

Journal of Digital Forensics, Security and Law

The extraction of the user activity is one of the main goals in the analysis of digital evidence. In this paper we present a methodology for extracting this activity by comparing multiple Restore Points found in the Windows XP operating system. The registry copies represent a snapshot of the state of the system at a certain point in time. Differences between them can reveal user activity from one instant to another. The algorithms for comparing the hives and interpreting the results are of high complexity. We develop an approach that takes into account the nature of the investigation and the …

Steganography: Forensic, Security, And Legal Issues, Merrill Warkentin, Ernst Bekkering, Mark B. Schmidt

Journal of Digital Forensics, Security and Law

Steganography has long been regarded as a tool used for illicit and destructive purposes such as crime and warfare. Currently, digital tools are widely available to ordinary computer users also. Steganography software allows both illicit and legitimate users to hide messages so that they will not be detected in transit. This article provides a brief history of steganography, discusses the current status in the computer age, and relates this to forensic, security, and legal issues. The paper concludes with recommendations for digital forensics investigators, IT staff, individual users, and other stakeholders.

Television Violence Prevention Versus Juvenile Violence Prevention: Any Connections In Parental Control?, Sharlette Kellum

Contemporary Issues in Juvenile Justice

Animated features, like children's cartoons, are considered by some to be the most violent shows on televi-sion, with approximately 25 to 50 acts of violence per hour (Dietz and Strasburger, 1991). Cartoons, unlike other shows that portray violence, present instances of violence to children in an "acceptable" way, which teaches children from zero to 17 years of age that hurting people is tolerable. Television violence has been linked to juvenile aggression, which has been linked to juvenile violence. In researching several studies, the author found that many of the preventions mentioned in the television violence studies were also mentioned in …

Incorporation And Originalist Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Does the Fourteenth Amendment of the United States Constitution incorporate the Bill of Rights contained in the first eight amendments? And how should an originalist answer that question? This paper focuses on the latter question--the issues of originalist theory that are raised by judicial and scholarly debates over what is called "incorporation."

The inquiry proceeds in six parts. Part I answers the questions: "What is incorporation?" and "What is originalism?" Part II examines the theoretical framework for an investigation of incorporation that operates within the narrow confines of interpretation of the linguistic meaning text based on the assumption that the …

Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

This article addresses the author's experience using audiovisual materials from the Georgetown Intellectual Property Teaching Resources database. She used audiovisual materials extensively in class to allow students to see the subject matter of the cases rather than just reading verbal descriptions and enable them to apply the principles they read about to new, concrete examples. Many students in IP courses have special interests in music, film, or the visual arts, and the database allows her--and other teachers--to present materials that engage them. She found that students are more willing to speak up in class when they can see or hear …

After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

This article challenges the conventional notion of the “reasonable man.” It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the site for debate over majoritarian norms. The article posits that the debate over having a purely subjective standard and a purely objective standard obscures the commonsense necessity of having a hybrid standard, one which takes into account the characteristics of a particular …

Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa

Journal Articles

No abstract provided.

Una Visita Al Debate Hart-Dworkin [Revisiting The Hart–Dworkin Debate], Jorge Luis Fabra-Zamora

Journal Articles

No abstract provided.

The Inevitability Of Conscience: A Response To My Critics, David Luban

Georgetown Law Faculty Publications and Other Works

This essay by Professor David Luban is written in response to critics of his book, Legal Ethics and Human Dignity.

In part I Professor Luban addresses the primacy that he assigns conscience over the professional role and focuses mainly on the arguments of his critics, Professors Norman Spaulding and W. Bradley Wendel. Part II explores the challenge of pluralism, replying primarily to Professors Katherine Kruse, Spaulding, and Wendel. Part III, in response to Professors Kruse and William Simon, elaborates on the concept of human dignity. Part IV discusses institutions and ethics, focusing on Professors Susan Carle and Simon. The …

Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger

Journal Articles

This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …

Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel

Journal Articles

No abstract provided.

Remote Forensics May Bring The Next Sea Change In E-Discovery: Are All Networked Computers Now Readily Accessible Under The Revised Federal Rules Of Civil Procedure?, Joseph J. Schwerha, Scott Inch

Journal of Digital Forensics, Security and Law

The recent amendments to Rule 26 of the Federal Rules of Civil Procedure created a two-tiered approach to discovery of electronically stored information (“ESI”). Responding parties must produce ESI that is relevant, not subject to privilege, and reasonably accessible. However, because some methods of storing ESI, such as on magnetic backup tapes and within enormous databases, require substantial cost to access and search their contents, the rules permit parties to designate those repositories as “not reasonably accessible” because of undue burden or cost. But even despite the difficulty in searching for ESI, the party’s duty to preserve potentially responsive evidence …

Forgetting The Once-Seen Face: Estimating The Strength Of An Eyewitness’S Memory Representation, Kenneth A. Deffenbacher, Brian H. Bornstein, E. Kiernan Mcgorty, Steven D. Penrod

Psychology Faculty Publications

The fidelity of an eyewitness’s memory representation is an issue of paramount forensic concern. Psychological science has been un¬able to offer more than vague generalities concerning the relation of retention interval to memory trace strength for the once-seen face. A meta-analysis of 53 facial memory studies produced a highly reliable association (r = .18, d = 0.37) between longer retention intervals and positive forgetting of once-seen faces, an effect equally strong for both face recognition and eyewitness identification studies. W. A. Wick¬elgren’s (1974, 1975, 1977) theory of recognition memory provided statistically satisfactory fits to 11 different empirical forgetting func¬tions. Applied …

How Has The Three Strikes And You're Out Law Affected The Elderly Inmate Population Growth In The Department Of Correction System Since Its Passage? An Examination Of Washington And California, Deborah A. Smith

Theses and Dissertations

This public policy thesis is grounded Washington with Initiative Measure Number 593, later called RCW.9.94A.555, followed by California with Proposition 184, later called California's Penal Code 1170.12. This public policy thesis has explored ways in which Washington and California are now faced with a new growing trend of elderly inmate population. This public policy thesis looked at the different methods of trying to solve this problem. The type of research used for this thesis has been the illustrative case study for the data collection and analysis. This type of case study uses the Qualitative Method. The Qualitative Research Method demonstrates …

Time On Florida's Death Row: A Theory Of "Benign Neglect", Angela Willis

Electronic Theses and Dissertations

This thesis attempts to identify and explain what influences the length of time an inmate spends on Florida's death row. A systematic random sample of 33 Florida death row inmates was drawn from the Florida Department of Corrections death row roster and the Florida Commission on Capital Cases inmate roster. Documented for each death row inmate was how long he spent on Florida's death row navigating the various stages and steps in Florida's post-conviction capital punishment process. The data show that petitions to the state trial courts and appeals to the Florida Supreme Court take the longest time in Florida's …