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2012

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Articles 271 - 298 of 298

Full-Text Articles in Legal Studies

An Australian Perspective On The Challenges For Computer And Network Security For Novice Endusers, Patryk Szewczyk Jan 2012

An Australian Perspective On The Challenges For Computer And Network Security For Novice Endusers, Patryk Szewczyk

Journal of Digital Forensics, Security and Law

It is common for end-users to have difficulty in using computer or network security appropriately and thus have often been ridiculed when misinterpreting instructions or procedures. This discussion paper details the outcomes of research undertaken over the past six years on why security is overly complex for endusers. The results indicate that multiple issues may render end-users vulnerable to security threats and that there is no single solution to address these problems. Studies on a small group of senior citizens has shown that educational seminars can be beneficial in ensuring that simple security aspects are understood and used appropriately.

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Automated Identification And Reconstruction Of Youtube Video Access, Jonathan Patterson, Christopher Hargreaves Jan 2012

Automated Identification And Reconstruction Of Youtube Video Access, Jonathan Patterson, Christopher Hargreaves

Journal of Digital Forensics, Security and Law

YouTube is one of the most popular video-sharing websites on the Internet, allowing users to upload, view and share videos with other users all over the world. YouTube contains many different types of videos, from homemade sketches to instructional and educational tutorials, and therefore attracts a wide variety of users with different interests. The majority of YouTube visits are perfectly innocent, but there may be circumstances where YouTube video access is related to a digital investigation, e.g. viewing instructional videos on how to perform potentially unlawful actions or how to make unlawful articles. When a user accesses a YouTube video …

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Book Review: System Forensics, Investigation, And Response, Nate Keith Jan 2012

Book Review: System Forensics, Investigation, And Response, Nate Keith

Journal of Digital Forensics, Security and Law

I recently expressed an interest to a respected colleague in finding a way to “give back” to the forensic community. He suggested writing a review for a text he recently received and provide feedback to the community. It is my intent to present an objective analysis of System Forensics, Investigation, and Response.

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Identifying Trace Evidence From Target-Specific Data Wiping Application Software, Gregory H. Carlton, Gary C. Kessler Jan 2012

Identifying Trace Evidence From Target-Specific Data Wiping Application Software, Gregory H. Carlton, Gary C. Kessler

Journal of Digital Forensics, Security and Law

One area of particular concern for computer forensics examiners involves situations in which someone utilized software applications to destroy evidence. There are products available in the marketplace that are relatively inexpensive and advertised as being able to destroy targeted portions of data stored within a computer system. This study was undertaken to analyze a subset of these tools in order to identify trace evidence, if any, left behind on disk media after executing these applications. We evaluated five Windows 7 compatible software products whose advertised features include the ability for users to wipe targeted files, folders, or evidence of selected …

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Table Of Contents Jan 2012

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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Technology Corner: A Regular Expression Training App, Nick V. Flor Jan 2012

Technology Corner: A Regular Expression Training App, Nick V. Flor

Journal of Digital Forensics, Security and Law

Regular expressions enable digital forensic analysts to find information in files. The best way for an analyst to become proficient in writing regular expressions is to practice. This paper presents the code for an app that allows an analyst to practice writing regular expressions.

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Table Of Contents Jan 2012

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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Extraction Of Electronic Evidence From Voip: Identification & Analysis Of Digital Speech, David Irwin, Arek Dadej, Jill Slay Jan 2012

Extraction Of Electronic Evidence From Voip: Identification & Analysis Of Digital Speech, David Irwin, Arek Dadej, Jill Slay

Journal of Digital Forensics, Security and Law

The Voice over Internet Protocol (VoIP) is increasing in popularity as a cost effective and efficient means of making telephone calls via the Internet. However, VoIP may also be an attractive method of communication to criminals as their true identity may be hidden and voice and video communications are encrypted as they are deployed across the Internet. This produces a new set of challenges for forensic analysts compared with traditional wire-tapping of the Public Switched Telephone Network (PSTN) infrastructure, which is not applicable to VoIP. Therefore, other methods of recovering electronic evidence from VoIP are required. This research investigates the …

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Book Review: Dispute Resolution And E-Discovery, Milton Luoma Jan 2012

Book Review: Dispute Resolution And E-Discovery, Milton Luoma

Journal of Digital Forensics, Security and Law

As is apparent from its title, this book tackles two very current and difficult legal issues – electronic discovery and dispute resolution. The authors tie the two legal concepts together in an effort to provide litigants and practitioners a less expensive and less time consuming alternative than is typically the case with traditional litigation and court proceedings. By including electronic discovery in the discussions, the authors recognize the importance and significance of electronic discovery in mediation and arbitration as it is in traditional litigation.

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On The Development Of A Digital Forensics Curriculum, Manghui Tu, Dianxiang Xu, Samsuddin Wira, Cristian Balan, Kyle Cronin Jan 2012

On The Development Of A Digital Forensics Curriculum, Manghui Tu, Dianxiang Xu, Samsuddin Wira, Cristian Balan, Kyle Cronin

Journal of Digital Forensics, Security and Law

Computer Crime and computer related incidents continue their prevalence and frequency, resulting in losses approaching billions of dollars. To fight against these crimes and frauds, it is urgent to develop digital forensics education programs to train a suitable workforce that can effectively investigate computer crimes and incidents. There is presently no standard to guide the design of digital forensics curriculum for an academic program. In this research, previous work on digital forensics curriculum design and existing education programs are thoroughly investigated. Both digital forensics educators and practitioners were surveyed and results were analyzed to determine the industry and law enforcement …

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The Science Of Digital Forensics: Recovery Of Data From Overwritten Areas Of Magnetic Media, Fred Cohen Jan 2012

The Science Of Digital Forensics: Recovery Of Data From Overwritten Areas Of Magnetic Media, Fred Cohen

Journal of Digital Forensics, Security and Law

The first time I encountered data loss and recovery effects of magnetic memory was as a night and weekend computer operator for the computer science department of Carnegie-Mellon University in the 1973-1974 time frame. Part of my job involved dealing directly with outages and failures associated with magnetic memory components used in what, at the time, were large computer systems. On occasions, portions of magnetic core memory or disk drives would encounter various failure modes and the systems using these devices would have to be reconfigured to operate without the failed components until repair personnel could come in to repair …

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Automatic Crash Recovery: Internet Explorer's Black Box, John Moran, Douglas Orr Jan 2012

Automatic Crash Recovery: Internet Explorer's Black Box, John Moran, Douglas Orr

Journal of Digital Forensics, Security and Law

A good portion of today's investigations include, at least in part, an examination of the user's web history. Although it has lost ground over the past several years, Microsoft's Internet Explorer still accounts for a large portion of the web browser market share. Most users are now aware that Internet Explorer will save browsing history, user names, passwords and form history. Consequently some users seek to eliminate these artifacts, leaving behind less evidence for examiners to discover during investigations. However, most users, and probably a good portion of examiners are unaware Automatic Crash Recovery can leave a gold mine of …

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Book Review: The Software Ip Detective's Handbook: Measurement, Comparison, And Infringement Detections, Diane Barrett Jan 2012

Book Review: The Software Ip Detective's Handbook: Measurement, Comparison, And Infringement Detections, Diane Barrett

Journal of Digital Forensics, Security and Law

Do not the book title fool you into thinking that the book is only for those looking to detect software infringement detection. It is a comprehensive look at software intellectual property. The book covers a wide range of topics and has something to offer for just about everyone from lawyers to programmers.

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“Preemptive Suppression” – Judges Claim The Right To Find Digital Evidence Inadmissible Before It Is Even Discovered, Bob Simpson Jan 2012

“Preemptive Suppression” – Judges Claim The Right To Find Digital Evidence Inadmissible Before It Is Even Discovered, Bob Simpson

Journal of Digital Forensics, Security and Law

Vermont state prosecutors have asked the Vermont Supreme Court to end a state trial judge’s practice of attaching conditions to computer warrants. The Vermont judge’s conditions are drawn from five conditions established in the 2009 decision of the 9th Circuit Court of Appeals in the Comprehensive Drug Testing, Inc. case (CDT II). This is the first time the validity of the “CDT conditions” will be decided by a state court of final jurisdiction in the United States

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A Deadly Way Of Doing Business: A Case Study Of Corporate Crime In The Coal Mining Industry, Charles Nickolas Stickeler Jan 2012

A Deadly Way Of Doing Business: A Case Study Of Corporate Crime In The Coal Mining Industry, Charles Nickolas Stickeler

USF Tampa Graduate Theses and Dissertations

To this point, research on corporate crime has been, for the most part, overlooked by mainstream criminology. In particular, corporate violations of safety regulations in the coal mining industry have yet to be studied within the field of criminology. The purpose of this thesis is to examine the crimes of a coal mining corporation, a corporation whose business decisions led to the worst coal mining disaster in forty years, along with the deaths of twenty-nine men. This thesis will utilize a case study format in order to illustrate the crimes committed by this corporation. Previous literature covering the history of …

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Amphetamines And Western Australian Detainees: A Social Profile, Karen L. Foster Jan 2012

Amphetamines And Western Australian Detainees: A Social Profile, Karen L. Foster

Theses: Doctorates and Masters

The current study utilised data collected from the Australian Institute of Criminology’s project known as Drug Use Monitoring in Australia (DUMA). The DUMA project examined detainees’ social demographics and past and present drug use, at various Australian sites. The current study examined secondary data as a subset of the DUMA data collected from the East Perth lockup in Western Australia. Three sections of the DUMA data were analysed in this study (i) changes in amphetamine use by detainees (ii) demographic profile of detained amphetamine users and (iii) offences for which they have been detained. Analyses included chi-square tests, Kendall’s tau_b, …

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The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar Jan 2012

The North Carolina Racial Justice Act: An Essay On Substantive And Procedural Fairness In Death Penalty Litigation, Neil Vidmar

Faculty Scholarship

No abstract provided.

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Virtue Ethics: Analysing Emotions In A Police Interview With A Crime Suspect, Ann-Claire Larsen, Michael Crowley Jan 2012

Virtue Ethics: Analysing Emotions In A Police Interview With A Crime Suspect, Ann-Claire Larsen, Michael Crowley

Research outputs 2012

Justice goes some way to being served when statements from police interviews with suspects are admissible as evidence in court. Admissible evidence confirms that the police have worked within legal constraints and satisfied universal ethical principles that appear in the police code of conduct. Conversely, when police behave improperly and an accused person walks free, police authorities have needed to placate an outraged public by promising reforms. This article explores sections of Arthurs’ case to illustrate differences between legal and illegal police conduct when interviewing a murder suspect. Parts of the interview were admissible as legal evidence; the majority was …

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The Cost Of Clinical Legal Education, Peter A. Joy Jan 2012

The Cost Of Clinical Legal Education, Peter A. Joy

Scholarship@WashULaw

Critics of clinical legal education often malign its expense and look to clinical budget cuts as the primary means of reducing costs in legal education. This narrow focus, however, ignores the important function that clinical legal education plays in educating law students to be ready for practice and assumes other legal education expenses are more important. The 1992 McCrate Report, the 2007 Carnegie Report, and other studies demonstrate that clinical legal education is necessary to produce a well-rounded and practice ready law student. Though clinical legal education should not be immune to cost restraints, neither should any other type of …

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Consensus, Disorder, And Ideology On The Supreme Court, Stefanie A. Lindquist, Paul H. Edelman, David E. Klein Jan 2012

Consensus, Disorder, And Ideology On The Supreme Court, Stefanie A. Lindquist, Paul H. Edelman, David E. Klein

Scholarship@WashULaw

Ideological models are widely accepted as the basis for many academic studies of the Supreme Court because of their power in predicting the justices' decision-making behavior. Not all votes are easily explained or well predicted by attitudes, however. Consensus in Supreme Court voting, particularly the extreme consensus of unanimity, has often puzzled Court observers who adhere to ideological accounts of judicial decision making. Are consensus and (ultimately) unanimity driven by extreme factual scenarios or extreme lower court rulings such that even the most liberal and most conservative justice can agree on the case disposition? Or are they driven by other, …

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Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema Jan 2012

Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema

Scholarship@WashULaw

This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an ante, i.e., before the standard is actually set, to license whatever patent rights they may ultimately have in the standard on terms that are reasonable …

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Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman Jan 2012

Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman

Faculty Scholarship

The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …

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Justice Ginsburg And Religious Liberty, John D. Inazu Jan 2012

Justice Ginsburg And Religious Liberty, John D. Inazu

Scholarship@WashULaw

Justice Ginsburg has left an important mark on many areas of the Supreme Court’s jurisprudence, but she has written relatively little in the area of religion. This relatively small footprint increased significantly in the opinion that she wrote in the Court's 2010 decision in Christian Legal Society v. Martinez. In particular, Martinez's dismissal of the religious association claim at the center of the case dealt a severe blow to religious liberty advocates who have struggled to find alternate means of protecting religious expression in the twenty years since the Court’s decision in Employment Division v. Smith (which relegated to rational …

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The Limits Of Integrity, John D. Inazu Jan 2012

The Limits Of Integrity, John D. Inazu

Scholarship@WashULaw

This article draws upon the work of theologian Stanley Hauerwas to demonstrate how Ronald Dworkin’s theory of law as integrity relies upon secular liberal presuppositions. Dworkin’s constraint on “religious convictions or goals” not only inhibits theological argument in our discussions about law and legal interpretation, but also neutralizes what may be the strongest objections to Dworkin’s normative views. The juxtaposition of Hauerwas and Dworkin is particularly apt because both hold similar interpretive commitments that hang in the balance between a fixed textualism and an unbounded pragmatism. Both justify their epistemic practices by a kind of faith — they do not …

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Liberty's Refuge: The Forgotten Freedom Of Assembly, John D. Inazu Jan 2012

Liberty's Refuge: The Forgotten Freedom Of Assembly, John D. Inazu

Scholarship@WashULaw

This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions …

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Stanley Hauerwas And The Law: Is There Anything To Say - Theological Argument In Law: Engaging With Stanley Hauerwas: Foreword, John D. Inazu Jan 2012

Stanley Hauerwas And The Law: Is There Anything To Say - Theological Argument In Law: Engaging With Stanley Hauerwas: Foreword, John D. Inazu

Scholarship@WashULaw

This essay is the special editor's introduction to a forthcoming symposium in Law & Contemporary Problems that explores the work of theologian Stanley Hauerwas and its implications for law and legal scholarship. Although not well-known in the legal academy, Hauerwas is an important scholar and public intellectual who has written scores of books and hundreds of articles, been named "America's Best Theologian" by Time Magazine, and delivered the prestigious Gifford Lectures. He has arguably “articulated the most coherent and influential political theology in and for the North American context” and has been “at the forefront of major transformations in theology” …

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Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin Jan 2012

Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin

Scholarship@WashULaw

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …

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Electronic Privacy And Employee Speech, Pauline Kim Jan 2012

Electronic Privacy And Employee Speech, Pauline Kim

Scholarship@WashULaw

The boundary between work and private life is blurring as a result of changes in the organization of work and advances in technology. Current privacy law is ill-equipped to address these changes and as a result, employees’ privacy in their electronic communications is only weakly protected from employer scrutiny. At the same time, the law increasingly protects certain socially valued forms of employee speech. In particular, collective speech, speech that enforces workplace regulations and speech that deters or reports employer wrong-doing are explicitly protected by law from employer reprisals. These two developments — weak protection of employee privacy and increased …

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