Legal Studies Commons^™

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Book Review: Placing The Suspect Behind The Keyboard: Using Digital Forensics And Investigative Techniques To Identify Cybercrime Suspects, Thomas Nash

Journal of Digital Forensics, Security and Law

In this must read for any aspiring novice cybercrime investigator as well as the seasoned professional computer guru alike, Brett Shaver takes the reader into the ever changing and dynamic world of Cybercrime investigation. Shaver, an experienced criminal investigator, lays out the details and intricacies of a computer related crime investigation in a clear and concise manner in his new easy to read publication, Placing the Suspect behind the Keyboard. Using Digital Forensics and Investigative techniques to Identify Cybercrime Suspects. Shaver takes the reader from start to finish through each step of the investigative process in well organized …

Automating Vendor Fraud Detection In Enterprise Systems, Kishore Singh, Peter Best, Joseph Mula

Journal of Digital Forensics, Security and Law

Fraud is a multi-billion dollar industry that continues to grow annually. Many organizations are poorly prepared to prevent and detect fraud. Fraud detection strategies are intended to quickly and efficiently identify fraudulent activities that circumvent preventative measures. In this paper, we adopt a DesignScience methodological framework to develop a model for detection of vendor fraud based on analysis of patterns or signatures identified in enterprise system audit trails. The concept is demonstrated by developing prototype software. Verification of the prototype is achieved by performing a series of experiments. Validation is achieved by independent reviews from auditing practitioners. Key findings of …

Book Review: Professional Penetration Testing: Creating And Learning In A Hacking Lab 2e, Joshua Bartolomie

Journal of Digital Forensics, Security and Law

Organizations often strive for proactive information security programs in an effort to limit occurrence and impact of security breaches. However, traditional security programs run the risk of being unable to provide adequate insight and proactive awareness into real attack vectors that may exist within their organizations. With attack methods and efforts becoming increasingly aggressive, and effective, organizations must take equally assertive measures to protect their critical information and assets. Penetration testing is one of those tools that is often misunderstood, overlooked, and undervalued. A true adversary would not hesitate to exploit every potential to gain entry or cause a disruption …

Technology Corner: Calculating The Number Of Android Lock Patterns: An Unfinished Study In Number Theory, Gary C. Kessler

Journal of Digital Forensics, Security and Law

Although one is unlikely to ever want to brute-force an Android lock pattern, many do wonder about the relative strength of the lock pattern versus a multidigit personal identification number (PIN). It becomes obvious pretty quickly that there are many more lock patterns than the 10,000 possible four-digit PINs.

Science Column: Reconstruction: The Experimental Side Of Digital Forensics, Fred Cohen

Journal of Digital Forensics, Security and Law

Many in digital forensics seem to forget that the science part of digital forensics means experimentation and that implies a whole lot of things that most practitioners never learned.

Book Review: Iphone And Ios Forensic: Investigation, Analysis And Mobile Security For Apple Iphone, Ipad And Ios Devices, Simson Garfinkel

Journal of Digital Forensics, Security and Law

In April 2011 news outlets around the world revealed shocking news about Apple’s iPhone: for reasons that were not apparently clear, every iPhone contained a small SQLite database that logged where and when the user had been whenever the phone was turned on, and those records went back for pretty much as long as the user had owned their phone. Apple eventually declared that the data cache was the result of a bug and issued a software update to prune the database (it had previously grown without limit). Privacy activists rejoiced that their beloved iPhones were once again trustworthy. But …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Ethical Implications Of Intellectual Property In Africa, Dick Kawooya

Faculty Publications

No abstract provided.

Accidental Detention: A Threat To The Legitimacy Of Venezuelan Democracy, Mabel Gabriela Durán-Sánchez

USF Tampa Graduate Theses and Dissertations

The main argument of this thesis is that the penitentiary crisis in Venezuela is brought about an inept criminal justice system whose functioning (or lack thereof) further exacerbates overcrowding in penitentiary facilities as well as violates the most basic human rights. More elaborately, I argue that the unintentional (mis)use of pre-trial preventive detention, one of the consequences of the inept criminal justice system, further exacerbates the overcrowding in prisons and creates serious human rights implications. The purpose of this study is to establish a connection between the penitentiary crisis in Venezuela, with a focus on pre-trial preventive detention, and the …

International Perceptions Of Stalking And Responsibility: The Influence Of Prior Relationship And Severity Of Behavior, Adrian J. Scott, Nikki Rajakaruna, Lorraine Sheridan, Emma Sleath

Research outputs 2013

This study investigates the influence of prior relationship and severity of behavior on perceptions of stalking and responsibility with a combined sample of 1,080 members of the community from Australia, the United States, and the United Kingdom. Participants were presented with 1 of 12 versions of a hypothetical stalking scenario and responded to scale items regarding the behavior of a male perpetrator toward a female target. Prior relationship and severity of behavior influenced perceptions of stalking and responsibility, and the pattern of findings was consistent across the three countries. The perpetrator’s behavior was perceived to constitute stalking, and necessitate police …

The Influence Of Prior Relationship On Perceptions Of Stalking: A Comparison Of Laypersons, Nonspecialist Police Officers And Specialist Police Officers, Adrian J. Scott, Keri Nixon, Lorraine Sheridan

Research outputs 2013

The current research examined the influence of prior relationship on perceptions of stalking, and compared the perceptions of laypersons, nonspecialist police officers, and specialist police officers. Two studies employed experimental designs where participants were presented with one of three vignettes in which the nature of the prior relationship was manipulated so that the perpetrator and victim were portrayed as strangers, acquaintances, or ex-partners. Participants comprised 101 nonspecialist police officers and 108 laypersons in Study 1, and 49 specialist police officers and 49 nonspecialist police officers in Study 2. Findings indicate that nonspecialist police officers and laypersons shared the common misperception …

Framing And Perceptions Of Stalking: The Influence Of Conduct Severity And The Perpetrator-Target Relationship, Adrian J. Scott, Nikki Rajakaruna, Lorraine P. Sheridan

Research outputs 2013

Research has demonstrated that the way in which questions are presented (i.e. framed) has the capacity to influence responses to subsequent questions. In the context of stalking, perception research has often been framed in terms of whether or not particular behaviours constitute stalking. The current research investigates whether the framing of the opening question (question frame), conduct severity and the perpetrator target relationship influence perceptions of stalking. Two studies employed experimental 3 3 independent factorial designs: one to examine question frame and conduct severity, the other to examine question frame and the perpetrator target relationship. Participants in both studies (total …

Understanding Perceptions Of Stalking: The Impact Of Additional Contextual Information Regarding The Breakdown Of Relationships, Simon C. Duff, Adrian J. Scott

Research outputs 2013

Purpose: Perception research has demonstrated that people view stranger stalkers to be more persistentand dangerous than ex-partner stalkers. Although these findings are consistent with the outcome of legal processes where stranger stalkers are more likely to be convicted, they contrast with the findings of national surveys and applied research where ex-partner stalkers represent the most persistent and dangerous relational subtype. The aim of the current study is to further examine the influence of prior relationship on perceptions of stalking by considering the impact of additional contextual information regarding the breakdown of ex-partners’ relationships for the first time.

Design/methodology/approach: In this …

The Attribution Of Responsibility In Cases Of Stalking, Adrian J. Scott, Jeffery Gavin, Emma Sleath, Lorraine Sheridan

Research outputs 2013

There is a general belief that stranger stalkers present the greatest threat to the personal safety of victims, despite national victimisation surveys and applied research demonstrating that ex-partner stalkers are generally more persistent and violent. The just-world hypothesis offers a possible explanation for this apparent contradiction. The current research used nine hypothetical scenarios, administered to 328 university students, to investigate the assumptions that underlie attributions of responsibility in cases of stalking. It explores whether these assumptions are consistent with the proposed mechanisms of the just-world hypothesis, and whether they vary according to the nature of the perpetrator–victim relationship and conduct …

Secondary Victims' Perceptions Of Justice : Implications For Forensic Psychology, Benjamin Bannister

Theses: Doctorates and Masters

An emerging area of study has begun to look at the perceptions of justice of the family and friends of crime victims – or, secondary victims. It is important to improve understanding of secondary victims’ experiences of justice, partly because knowledge about how they perceive justice may help forensic psychologists assist them more effectively. This research attempted to assess how well existing justice theories could account for secondary victims’ perceptions of justice, and also help determine what is important to them. Using the largely ignored group of secondary victims of non-sexual violent crime, the research consisted of two interrelated stages. …

Litigating Toward Settlement, Christina L. Boyd, David A. Hoffman

Scholarship@WashULaw

Civil litigation typically ends when the parties compromise. While existing theories of settlement primarily focus on information exchange, we instead examine how motion practice, especially non-discovery motions, can substantially shape parties’ knowledge about their cases and thereby influence the timing of settlement. Using docket-level federal district court data, we find a number of strong effects regarding how motions can influence this process, including that the filing of a motion significantly speeds case settlement, that granted motions are more immediately critical to settlement timing than motions denied, and that plaintiff victories have a stronger effect than defendant victories. These results provide …

Incarceration And The Economic Fortunes Of Urban Neighborhoods, Jeffrey A. Fagan, Valerie West

Faculty Scholarship

This chapter turns to the response of the criminal justice system to neighborhood violence, in particular examining to what extent persistently high levels of incarceration can depress economic well-being and human capital in disadvantaged and racially segregated communities. A panel analysis of New York City neighborhoods between 1985 and 1996, a period in which the city's violent-crime rates both rose and fell sharply, provides evidence that high incarceration rates reduce income growth, educational attainment, and work experience in disadvantaged and racially segregated neighborhoods. To rectify this, targeted micro investment and housing development in such areas can break the connection between …

Rethinking The Principal-Agent Theory Of Judging, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

This Essay offers new insights into understanding the relationship between higher and lower courts and responds to the extant literature that has characterized the relationship as one involving a principal and an agent. We challenge the underpinnings of the principal-agent understanding of judicial hierarchies and identify problems with the theory’s applicability in this context. While principals ordinarily select their agents, higher court judges usually do not select lower court judges. Moreover, while lower court judges may cast votes with an eye to the possibility of elevation to a higher court, the higher court judges who review the lower court’s decisions …

De-Naturalizing Criminal Law: Of Public Perceptions And Procedural Protections, Benjamin Levin

Scholarship@WashULaw

In this essay, I examine and challenge the rhetorical trope of the guilty going free by emphasizing the institutional and political intricacies that comprise the criminal justice system and necessarily under-gird a determination of “guilt”. My goal, at its essence, is to de-naturalize the criminal law and discussions of the criminal justice system in the context of this symposium. I aim to emphasize that a guilty verdict is the result of a series of (politically-inflected) decisions about how to draft criminal statutes, how to structure a trial, and how to select a jury. De-naturalizing criminal law is, of course, a …

Three Paradoxes Of Big Data, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

Big data is all the rage. Its proponents tout the use of sophisticated analytics to mine large data sets for insight as the solution to many of our society’s problems. These big data evangelists insist that data-driven decision making can now give us better predictions in areas ranging from college admissions to dating to hiring to medicine to national security and crime prevention. But much of the rhetoric of big data contains no meaningful analysis of its potential perils, only the promise. We don’t deny that big data holds substantial potential for the future, and that large dataset analysis has …

Drones And The International Rule Of Law, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay will proceed in four parts. First, it will briefly discuss the concept of the international rule of law. Second, it will offer a short factual background on US drone strikes (to the extent that it is possible to provide factual background on a practice so shrouded in secrecy). Third, it will highlight some of the key ways in which post 9/11 US legal theories relating to the use of force challenge previously accepted concepts and seek to redefine previously well-understood terms. Fourth, it will offer brief concluding thoughts on the future of the international rule of law in …