Legal Studies Commons^™

The Multiple-Stage Process Of Judicial Review: Facial And As-Applied Constitutional Challenges To Legislation Before The U.S. Supreme Court, Stefanie A. Lindquist, Pamela C. Corley

Scholarship@WashULaw

The Supreme Court’s decision to invalidate a legislative enactment involves both the choice to strike as well as the choice whether to invalidate the statute on its face or as applied. Both choices implicate the possibility of counteraction by the legislature. In this paper, we evaluate the justices’ choices to invalidate a state or federal enactment on its face or as applied and find that the justices are responsive to congressional preferences concerning the substance of the legal challenge at both stages of judicial review. Other factors systematically affect the justices’ decisions as well, including the legal basis for the …

Judicial Dialogue In Roper: Signaling The Court’S Emergence As A Transnational Legal Actor? A Response To Professor Mark Tushnet, Melissa A. Waters

Scholarship@WashULaw

Professor Mark Tushnet contends that Roper v. Simmons is consistent with a long line of U.S. Supreme Court precedent utilizing foreign authority in constitutional interpretation. Given this consistency, he asserts that the controversy over Roper, "must rest on something new in constitutional discourse," and finds the, "something new," in two sources: The rise of originalism and renewed, "concern for the place of the United States in the modern international order."

This response essay suggests two additional sources for the controversy over Roper. First is the emerging transnational judicial dialogue among the world's constitutional courts on human rights issues, and the …

What Is Originalism? The Evolution Of Contemporary Originalist Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Debates over “originalism” have been a central focus of contemporary constitutional theory for three decades. One of the features of this debate has been disagreement about what “originalism” is. More worrisome is the possibility that the arguments between contemporary originalists and their opponents, the “living constitutionalists”, are confused–-with each side of the debate making erroneous assumptions about the content of their opponent’s theories.

The aim of this chapter is to clarify these debates by providing a history of contemporary originalism and then developing an account of the core or focal content of originalist theory. The history reveals that contemporary originalist …

Corporate Speech In The Wake Of Citizens United V. Federal Election Commission, Eric Groonwald

All Graduate Theses, Dissertations, and Other Capstone Projects

This paper provides an overview of the Citizens United v. Federal Election Commission Supreme Court case and subsequent ruling. Discussion includes the impact on corporate electoral speech, current disclosure and disclaimer laws and reform options.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

A Survey Of Contemporary Enterprise Storage Technologies From A Digital Forensics Perspective, Gregory H. Carlton, Joseph Matsumoto

Journal of Digital Forensics, Security and Law

As the proliferation of digital computational systems continue to expand, increasingly complex technologies emerge, including those regarding large, enterprise-wide, information storage and retrieval systems. Within this study, we examine four contemporary enterprise storage technologies. Our examination of these technologies is presented with an overview of the technological features of each offering and then followed with a discussion of the impact of these technologies on digital forensics methods, particularly regarding forensic data acquisition. We offer a general opinion concerning a recommended data acquisition method when faced with the task of obtaining a forensic image of data contained within these technologies, we …

Legal Issues Regarding Digital Forensic Examiners Third Party Consent To Search, Thomas Lonardo, Doug White, Tricia P. Martland, Alan Rea

Journal of Digital Forensics, Security and Law

This paper focuses on Federal law as it relates to consent to search relating to Fourth Amendment privacy in the practice of Digital Forensics. In particular, Digital Examiners should be aware of how decisions in Federal Court may impact their ability to acquire evidence in both civil and criminal settings. Digital Forensics, being a relatively new field, is particularly subject to change as cases and appeals are decided. This paper provides an overview of relevant case law relating to issues in Digital Forensics. More importantly, our research provides Digital Forensic Examiners (DFE), as defined by Lonardo, White, and Rea (2008, …

Exploring The Iphone Backup Made By Itunes, Mario Piccinelli, Paolo Gubian

Journal of Digital Forensics, Security and Law

Apple’s™ iPhone™ is one of the widest selling mobile on the market, thanks to its simple and user-friendly interface and ever growing pool of available high quality applications for both personal and business use. The increasing use of the iPhone leads forensics practitioners towards the need for tools to access and analyze the information stored in the device. This research aims at describing the process to forensically analyze a logical backup of an iPhone made by the Apple iTunes™ utility, understanding the backup’s structure, and creating a simple tool to automate the process of decoding and analyzing the data. In …

A Case Study In Forensic Analysis Of Control, Fred Cohen

Journal of Digital Forensics, Security and Law

This paper describes a case study in which a method for forensic analysis of control was applied to resolve probative technical issues in a legal action. It describes one instance in which the analysis was successfully applied without challenge, addresses the details of most of the different facets of the analysis method, and demonstrates how such analysis provides a systematic approach to using technical methods to address legal issues as a case study.

Extraction Of Electronic Evidence From Voip: Forensic Analysis Of A Virtual Hard Disk Vs Ram, David Irwin, Jill Slay, Arek Dadej, Malcolm Shore

Journal of Digital Forensics, Security and Law

The popularity of Voice over the Internet Protocol (VoIP) is increasing as the cost savings and ease of use is realised by a wide range of home and corporate users. However, the technology is also attractive to criminals. This is because VoIP is a global telephony service, in which it is difficult to verify the user’s identification. The security of placing such calls may also be appealing to criminals, as many implementations use strong encryption to secure both the voice payload as well as to control messages making monitoring such VoIP calls difficult since conventional methods such as wire-tapping is …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Book Review: Ios Forensic Analysis: For Iphone, Ipad And Ipod Touch, Christopher Schulte

Journal of Digital Forensics, Security and Law

As Digital Forensics practitioners, we know that our discipline is constantly evolving. Keeping abreast means we need to continually refine and broaden our knowledge pools through experience, education, research, peer exchange, and more. Mobile device forensics can be especially dynamic and challenging. With multiple standards in place at the hardware, operating system, and user interface levels, it can be daunting to preserve, analyze, search and report on these tiny yet ubiquitous hand-held computers. Apple Computer’s line of mobile products (iOS devices - iPhone, iPad, iPod Touch) is no exception to this rule.

Column: Every Last Byte, Simson Garfinkel

Journal of Digital Forensics, Security and Law

Inheritance powder is the name that was given to poisons, especially arsenic, that were commonly used in the 17th and early 18th centuries to hasten the death of the elderly. For most of the 17th century, arsenic was deadly but undetectable, making it nearly impossible to prove that someone had been poisoned. The first arsenic test produced a gas—hardly something that a scientist could show to a judge. Faced with a growing epidemic of poisonings, doctors and chemists spent decades searching for something better

Technology Corner: Brute Force Password Generation -- Basic Iterative And Recursive Algorithms, Nick V. Flor, Haile Shannon

Journal of Digital Forensics, Security and Law

Most information systems are secured at minimum by some form of password protection. For various reasons a password may be unavailable, requiring some form of password recovery procedure. One such procedure is software-based automated password recovery, where a program attempts to log into a system by repeatedly trying different password combinations. At the core of such software is a password generator. This article describes the basic iterative and recursive algorithms for generating all possible passwords of a given length, which is commonly referred to as brute-force password generation. The paper ends with a discussion of alternative password recovery procedures one …

A Multilevel Model Of Police Corruption: Anomie, Decoupling, And Moral Disengagement, Ruth Zschoche

USF Tampa Graduate Theses and Dissertations

Police corruption is a primary concern for law enforcement agencies. The purpose of this study was to identify factors that could predict the likelihood of police officer susceptibility to corruption. Data was collected through surveys of 1083 officers within eight U.S. police agencies that were participating in the National Police Research Platform funded by the National Institute of Justice. The data were analyzed using multilevel structural equation and base multilevel models.

The theoretical model for this study addressed susceptibility to corruption on both the departmental (clusters) and individual officer levels. Four main constructs were utilized in this study. Acceptance of …

Mental Health Courts Effectiveness In Reducing Recidivism And Improving Clinical Outcomes: A Meta-Analysis, Brittany Cross

USF Tampa Graduate Theses and Dissertations

Mental health courts have recently emerged with goals to reduce recidivism and improve clinical outcomes for people with serious mental illness in the criminal justice system. The present study is a review of mental health court literature assessing their effectiveness in reducing recidivism and improving clinical outcomes for participants using meta-analytic techniques. A total of 20 studies that included sufficient information to compute the standardized mean difference effect size, focused on adult populations, and were within the United States were included in the analysis. Only experimental and quasi-experimental research designs were obtained. Using Cohen’s d (1988) guidelines, mental health courts …

Drug Courts Work, But How? Preliminary Development Of A Measure To Assess Drug Court Structure And Processes, Blake Barrett

USF Tampa Graduate Theses and Dissertations

The high prevalence of substance use disorders is well-documented among criminal offenders. Drug courts are specialty judicial programs designed to: 1) improve public safety outcomes; 2) reduce criminal recidivism and substance abuse among offenders with substance use disorders; and 3) better utilize scarce criminal justice and treatment resources. Drug courts operate through partnerships between the criminal justice, behavioral health and public health systems. Offenders participate in an intensive regimen of substance abuse treatment and case management while under close judicial supervision. Drug courts' effectiveness in reducing criminal recidivism and drug use has been documented through numerous primary studies as well …

Assessing Racial Differences In Offending Trajectories: A Life-Course View Of The Race-Crime Relationship, Michael S. Caudy

USF Tampa Graduate Theses and Dissertations

The developmental and life-course criminology (DLC) paradigm has become increasingly popular over the last two decades. A primary limitation of this paradigm is the lack of consideration of race and ethnicity within its framework. Race unquestionably matters in today's society and yet it has generally been ignored within the context of DLC theories. The current study aims to contribute to the literature informing DLC by viewing life-course theories through the lens of race and ethnicity. Utilizing nationally-representative data from the National Longitudinal Survey of Youth 1997, the current study examines race-specific developmental trajectories of offending over 11 years during the …

Rationing Justice By Rationing Lawyers, Peter A. Joy

Scholarship@WashULaw

The number of lawyers in the United States continues to increase, but low and middle-income persons still find it difficult, if not impossible, to afford legal assistance. National and state surveys reveal that more than 80 percent of the civil legal needs of the poor go unmet, as do a majority of the needs of middle-income persons. Legal representation can often dramatically increase a person’s ability to win at trial or to negotiate a favorable outcome, and the lack of access to lawyers effectively closes the courthouse doors for millions. This Article focuses on the crisis in Missouri's public defender …

Government Interference With Law School Clinics And Access To Justice: When Is There A Legal Remedy?, Peter A. Joy

Scholarship@WashULaw

This article analyzes government interference in law school clinical programs and suggests some legal remedies that may be available to challenge such interference.

Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline Kim

Scholarship@WashULaw

This Essay critically examines the commonplace use by judicial politics scholars of principal-agent models to describe the federal judicial hierarchy. It argues that agency models are useful in highlighting certain aspects of the interaction between upper and lower courts - specifically, the existence of value conflicts and informational asymmetries - but that in other ways traditional principal-agent models fit poorly the relationship between the lower federal courts and the Supreme Court. As a consequence, these models tend to obscure important normative questions about the relationship between lower and upper courts, as well as to distort the role that law plays …

Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa (M.J.) Durkee

Scholarship@WashULaw

The international refugee protection system is under threat. States weary of increased refugee flows and preoccupied with national security increasingly exploit legal gaps or avoid refugee law altogether. The U.S. approach to resettlement of Guantánamo detainee refugees exemplified this trend. Yet, in the Guantánamo context, U.S. avoidance of international refugee law put the executive in a bind that it could not easily escape: Because the U.S. executive was unwilling to assume the political cost of resettling the refugee detainees domestically, it resorted to peddling them for resettlement to foreign states while, at the same time, mounting a robust legal defense …

Between Liberalism And Theocracy, John D. Inazu

Scholarship@WashULaw

Our symposium conveners have focused us on “the relationship between liberalism and Christianity and their influence on American constitutionalism.” My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for the relationship between church and state. By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are prone to …

Building Pathways Of Possibility From Criminal Justice To College: College Initiative As A Catalyst Linking Individual And Systemic Change, Susan P. Sturm, Kate Skolnick, Tina Wu

Faculty Scholarship

Across the United States, communities, especially marginalized and low income communities, face challenges resulting from the “school-to-prison pipeline”—a continuum of conditions increasing the probability that people from such marginalized communities, particularly black men, will find themselves in prison rather than college.1 Dismantling this pipeline has become a significant national focus of advocates and policy makers. In New York City, a network has emerged in the last ten years to focus on building a new pipeline from criminal justice to college. This network focuses on rebuilding the lives of the over 70 thousand people who have fallen into the school-to-prison pipeline. …

Potential Responses To The Melendez-Diaz Line Of Cases, Richard D. Friedman

Articles

Criminal prosecution is increasingly dependent on proof of the results of forensic laboratory tests. They are used, for example, to prove that a given substance contains cocaine; the prove what a driver’s blood alcohol content was; and to demonstrate that the DNA profile of some substance found at the crime scene matches that of the accused.

In Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), the United States Supreme Court resolved a question that had divided the lower courts in the wake of Crawford v. Washington, 541 U.S. 36 (2004). The Melendez-Diaz Court held by a 5-4 vote that forensic laboratory …

Using Discourse Analysis Methodology To Teach "Legal English", Craig Hoffman

Georgetown Law Faculty Publications and Other Works

In this study, I propose a curriculum focused on raising students’ linguistic awareness through rigorous discourse analysis and reflective writing in a legal context. Students analyze authentic, full-text legal documents using discourse analysis methodology. By carefully analyzing the language in legal opinions, appellate briefs, law review articles, law school exams, typical commercial contracts, and statutes, students become experts in analyzing and evaluating legal texts. Students learn to manipulate legal language to achieve various desired linguistic and legal effects. This approach has three primary advantages. First, it forces the students to carefully read authentic legal texts. Second, it gives students the …

The Prevalence And Predictive Nature Of Victimization, Substance Abuse & Mental Health On Recidivism: A Comparative Longitudinal Examination Of Male And Female Oregon Department Of Corrections Inmates, Anastacia Konstantinos Papadopulos

Dissertations and Theses

As a consequence of increased awareness and the current scholarly debate regarding women's differential predictors of recidivism, criminal justice agencies are working with researchers in the field to expand their knowledge in this area. In 2007, Portland State University researchers in collaboration with the Oregon Department of Corrections conducted an investigation of factors emerging in the pathways and gender responsive literature as predictive of women's recidivism in a randomly selected sample of female (n=150) and male (n=150) inmates. This study used information gathered from that investigation for two purposes: (1) to assess the prevalence rates of victimization experiences (childhood, adolescent …