Legal Studies Commons^™

Forensic Acquisition Of Imvu: A Case Study, Robert Van Voorst, M-Tahar Kechadi, Nhien-An Le-Khac

Journal of Digital Forensics, Security and Law

There are many applications available for personal computers and mobile devices that facilitate users in meeting potential partners. There is, however, a risk associated with the level of anonymity on using instant message applications, because there exists the potential for predators to attract and lure vulnerable users. Today Instant Messaging within a Virtual Universe (IMVU) combines custom avatars, chat or instant message (IM), community, content creation, commerce, and anonymity. IMVU is also being exploited by criminals to commit a wide variety of offenses. However, there are very few researches on digital forensic acquisition of IMVU applications. In this paper, we …

Tracking And Taxonomy Of Cyberlocker Link Sharers Based On Behavior Analysis, Xiao-Xi Fan, Kam-Pui Chow

Journal of Digital Forensics, Security and Law

The growing popularity of cyberlocker service has led to significant impact on the Internet that it is considered as one of the biggest contributors to the global Internet traffic estimated to be illegally traded content. Due to the anonymity property of cyberlocker, it is difficult for investigators to track user identity directly on cyberlocker site. In order to find the potential relationships between cyberlocker users, we propose a framework to collect cyberlocker related data from public forums where cyberlocker users usually distribute cyberlocker links for others to download and identity information can be gathered easily. Different kinds of sharing behaviors …

A Survey Of Botnet Detection Techniques By Command And Control Infrastructure, Thomas S. Hyslip, Jason M. Pittman

Journal of Digital Forensics, Security and Law

Botnets have evolved to become one of the most serious threats to the Internet and there is substantial research on both botnets and botnet detection techniques. This survey reviewed the history of botnets and botnet detection techniques. The survey showed traditional botnet detection techniques rely on passive techniques, primarily honeypots, and that honeypots are not effective at detecting peer-to-peer and other decentralized botnets. Furthermore, the detection techniques aimed at decentralized and peer-to-peer botnets focus on detecting communications between the infected bots. Recent research has shown hierarchical clustering of flow data and machine learning are effective techniques for detecting botnet peer-to-peer …

Criminology On Crimes Against Humanity: A North Korean Case Study, Megan Alyssa Novak

Theses and Dissertations

In the last century, modern technology has significantly increased human interaction across the globe. The growing globalization of our society has created new areas of interest for many academics. This thesis explores the topic of international crime—specifically, state perpetrated crimes against humanity. Criminologists have become increasingly interested in large-scale atrocities and several theories on the topic have been perpetuated in the last few decades. Through a case study, this research determined that current theories are capable of explaining crimes against humanity in North Korea. Additionally, the findings suggest that international institutions should create programs that utilize restorative justice techniques.

Relationships Between Law Enforcement Officer-Involved Vehicle Collisions And Other Police Behaviors, John Andrew Hansen

Theses and Dissertations

Specialization and versatility regarding officer negative outcomes have different implications for agency policies and practices. Versatility suggests interventions that address several problematic behaviors, while specialization may necessitate more targeted interventions. If officers who engage in one form of negative behavior are also more likely to be involved in other undesired outcomes than co-monitoring behaviors via early intervention systems or other mechanisms may be an effective means of identifying problematic officers. The threat posed by officer-involved motor vehicle collisions to the safety of police and the public has received increased attention from practitioners and researchers in the past decade or so. …

Evaluating The Social Control Of Banking Crimes: An Examination Of Anti-Money Laundering Deficiencies And Industry Success, Erin M. Mulligan

USF Tampa Graduate Theses and Dissertations

Money laundering is a serious crime with potentially wide ranging consequences that have numerous implications for criminological research. However, criminology rarely explores this crime, nor its potential impact on other more central crimes of interest (e.g. drug trafficking or organized crime). The present study adds to a limited body of literature examining money laundering from a criminological perspective, evaluating aspects of its regulation and social control within the banking industry. Several aspects of regulatory oversight and company dynamics such as fine/settlement size, company size, and the likelihood of non-AML/OFAC violations to predict future AML/OFAC violations were evaluated. These analyses largely …

Exploring The Interactive Effects Of Social Learning Theory And Psychopathy On Serious Juvenile Delinquency, Brandy Barenna Henderson

USF Tampa Graduate Theses and Dissertations

Social learning theory continues to be one of the most enduring theories of crime. Psychological criminology, on the other hand, tends to explain crime in terms of behavioral propensities. This research is specifically focused on the generality of social learning theory as it varies across a measure of criminal propensity- in this case, psychopathy. Prior studies have tested various theories with the use of measures of propensity, but the theory is rarely social learning, and the measure of propensity has never been psychopathy. The current study examines three components of social learning theory (definitions, differential association, and differential reinforcement) to …

Decriminalizing Delinquency: The Effect Of Raising The Age Of Majority On Juvenile Recidivism, Charles E. Loeffler, Ben Grunwald

Faculty Scholarship

In the last decade, a number of states have expanded the jurisdiction of their juvenile courts by increasing the maximum age to 18. Proponents argue that these expansions reduce crime by increasing access to the beneficial features of the juvenile justice system. Critics counter that the expansions risk increasing crime by reducing deterrence. In 2010, Illinois raised the maximum age for juvenile court for offenders who commit a misdemeanor. By examining the effect of this law on juvenile offenders in Chicago, this paper provides the first empirical estimates of the consequences of recent legislative activity to raise the age of …

Effective Innovation Policies For Development: Uganda, Julius Ecuru, Dick Kawooya

Faculty Publications

No abstract provided.

Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin

Antioch University Dissertations & Theses

This study explored the lived-experiences of 15 correctional officers and 5 sergeants working in adult state-operated prison facilities in Michigan. In particular, this qualitative grounded theory study revealed the impact that budget driven decision-making had on the lives of correctional officers: its effect on institutional custody, security, and safety. The study finds that many recent policy changes resulted in a sense of powerlessness expressed by the participants of the study. Participants found themselves in a precarious position, situated in between the prison population and the administration. Having an understanding of how correctional officers make meaning of their work in relation …

Tampa Electric Company's Big Bend Utility Plant In Hillsborough County, Florida: A Case Study, Lynne M. Hodalski-Champagne

USF Tampa Graduate Theses and Dissertations

This is an in-depth analysis of coal fire burning power plants, their effects on human health and the environment. It also employed case study data from Tampa Electric Company’s Big Bend facility to examine environmental infractions at that facility. Tampa Electric Company’s Big Bend Utility Plant, violated the Clean Air Act, which led to a lawsuit filed by the Department of Justice on behalf of the United States Environmental Protection Agency and the Florida Department of Environmental Protection in 1997. This case study details the lawsuit, and subsequent settlement as well as Tampa Electric Company’s record of compliance since 2000. …

Multiple Stain Histology Of Skeletal Fractures: Healing And Microtaphonomy, John Wellington Powell

USF Tampa Graduate Theses and Dissertations

The forensic examination of wounds is one of the key elements of analysis performed by forensic anthropologists and forensic pathologists. Gross examination and histological analysis can be used to determine the timing of the wound and its cause. While forensic pathologists are trained to analyze hard and soft tissue wounds, forensic anthropologists, bioarchaeologists, and paleopathologists, focus on hard tissue. Forensic anthropologists have the added benefit of potentially working with residual soft tissue and would benefit from the incorporation of microscopy techniques that take advantage of the soft tissue to better understand perimortem events. Little research has been published that examines …

The Role Of Social Support In The Disclosure And Recovery Process Of Rape Victims, Jessica Nicole Mitchell

USF Tampa Graduate Theses and Dissertations

Women disproportionately account for a majority of all completed and attempted rape victimizations each year in the U.S. relative to men. Female college students, in particular, have been noted as a group with the highest risk for rape. Rape among women not only has a substantial public health impact, but has been linked to a number of individual mental health and substance use problems. Despite the fact that service utilization (formal help-seeking with a counselor, mental health professional, rape crisis center, and police reporting) has been shown to deter negative sequelae of rape, few victims of rape receive assistance from …

Race Matters In Jury Selection, Peter A. Joy

Scholarship@WashULaw

Whatever the lawyer fears, whether it is an issue of race in the case or unconscious biases in jurors that may affect how they decide the case, the lawyer must address the fears during jury selection. If the lawyer does not explore what the lawyer fears about the case during jury selection, the lawyer has failed to increase the odds that the jury will consider the client’s case fairly. If the defense lawyer does not mention race during jury selection when race matters in a case, racial bias can be a corrosive factor eating away at any chance of fairness …

Aboriginal Perspectives About Child Sexual Abuse: Informing The Cultural Dimension In Sex Offending Theories For Use With Aboriginal Offenders, Victoria Elizabeth Hovane

Theses: Doctorates and Masters

Child sexual abuse (CSA) and its consequences constitute a serious social issue in Aboriginal and other communities throughout the world. As a result, a number of influential psychological theories about sexual offending have been developed. These theories suggest that the early socialisation and developmental experiences of offenders are implicated in the onset, development and maintenance of sexual offending behaviour. While these theories suggest that culture is important for understanding such behaviour, their specific role has largely been ignored in the literature. Given the paucity of research in this area the aim of this study was to understand the perspectives of …

The New Financial Order: An Essay For Alan Bromberg - Tributes To Professor Alan R. Bromberg, Joel Seligman

Scholarship@WashULaw

In the aftermath of the 2008-2009 financial crisis, I characterized its causes broadly:

First, there was an ongoing economic emergency, initially rooted in the housing and credit markets, which has been succeeded by the collapse of several leading investment and commercial banks and insurance companies, dramatic deterioration of stock market indices, and a rapidly deepening recession.

Second, there were serious breakdowns in the enforcement and fraud deterrence missions of federal financial regulation, notably as illustrated by matters involving Bear Stearns and the other four then independent investment banks subject to the SEC's former Consolidated Supervised Entities program, the government creation …

Measuring Clinical Legal Education's Employment Outcomes, Robert R. Kuehn

Scholarship@WashULaw

This Article examines evidence of a possible link between learning opportunities in law school and J.D. employment outcomes. It responds to a paper by Jason Yackee that finds, using 2013 data from top 100 ranked schools, “not much evidence” that law clinic opportunities are likely to improve a school’s graduates’ employment outcomes and suggesting that those opportunities may even harm employment prospects.

The Article reexamines Yackee’s methodological approach and then looks beyond both law clinics and his statistical models. The expanded empirical analysis finds it is not possible to draw any reliable conclusion from his models about the likely effects …

Unequal Assistance Of Counsel, Peter A. Joy

Scholarship@WashULaw

There is now, and has always been, a double standard when it comes to the criminal justice system in the United States. The system is stacked against you if you are a person of color or are poor, and is doubly unjust if you are both a person of color and poor. The potential counterweight to such a system, a lawyer by one’s side, is unequal as well. In reality, the right to counsel is a right to the unequal assistance of counsel in the United States.

The unequal treatment based on the color of one’s skin is reflected by …

Disclaiming Loyalty: M&A Advisors And Their Engagement Letters, Andrew F. Tuch

Scholarship@WashULaw

Are investment banks fiduciaries of their merger and acquisition clients? If not, what rules, if any, constrain the conflicts of interest M&A advisors may face when advising their clients? These questions are rarely asked but central to the regulation of investment banking activities. In their article Bankers and Chancellors, 93 TEX. L. REV. 1 (2014), Professors William W. Bratton & Michael L. Wachter contend that M&A advisors effectively contract out of fiduciary duties in their client engagement letters, “emerging] in practice as arm’s-length counterparties constrained less by rules of law than by a market for reputation.” They also regard recent …

Conduct Of Business Regulation, Andrew F. Tuch

Scholarship@WashULaw

This chapter provides a survey and comparative analysis of conduct of business (COB) regulation. COB regulation governs financial intermediaries’ conduct toward their clients, that is, toward the actors – whether individuals or institutions – with whom financial intermediaries transact in providing financial products and services. Modal regulatory strategies include anti-fraud rules, and duties of care, loyalty, fair-dealing and best-execution – and variants of these duties.

The chapter describes the justifications for COB regulation, the modal regulatory strategies used and the complex frameworks within which COB regulation operates. It then generally assesses US COB regulation, focusing on the regulation of broker-dealers …

Why Data Privacy Law Is (Mostly) Constitutional, Neil M. Richards

Scholarship@WashULaw

Laws regulating the collection, use, and disclosure of personal data are (mostly) constitutional, and critics who suggest otherwise are wrong. Since the New Deal, American law has rested on the wise judgment that, by and large, commercial regulation should be made on the basis of economic and social policy rather than blunt constitutional rules. This has become one of the basic principles of American Constitutional law. Although some observers have suggested that the Supreme Court’s recent decision in Sorrell v. IMS Health (2011) changes this state of affairs, such readings are incorrect. Sorrell involved a challenge to a poorly-drafted Vermont …

A Confident Pluralism, John D. Inazu

Scholarship@WashULaw

The ongoing tension between religious liberty and gay rights is a striking example of our country’s profound and deep differences. But we are also divided over many other issues: immigration, criminal justice, abortion, contraception, poverty, and education, to name a few. Each of these differences pulls at the threads of a purported unity in pursuit of a “common good.” In light of our contemporary situation, this Article argues that we can and must live with deep and irresolvable differences in our beliefs, values, identities, and groups through a “confident pluralism.” A confident pluralism embraces a “right to differ” from state …

Institutions In Context, John D. Inazu

Scholarship@WashULaw

This review of Paul Horwitz’s First Amendment Institutions applauds Horwitz’s call for us to take institutions and their contexts seriously. Horwitz shows why “acontextual” First Amendment thinking and doctrine lead to rigid formalism and missed opportunities. He enhances his argument with four nuanced chapters on specific institutions: universities, presses, churches, and libraries. These chapters bring to life our diverse institutions and their differences. It is less clear whether the descriptive differences that Horwitz highlights warrant the doctrinal differences that he advocates. In other words, even if Horwitz is right to call our attention to institutions, do his observations translate to …

"If You Is White, You's Alright....": Stories About Colorism In America, Kimberly Jade Norwood

Scholarship@WashULaw

This Article examines the inefficiencies of Missouri municipal courts that came into sharp focus following the killing of Michael Brown by Officer Darren Wilson in Ferguson, Missouri. Norwood details and expands on her lone dissent in the Final Report of the Municipal Division Work Group—a group created by the Missouri Supreme Court to address the alleged abuses of black and poor residents in Missouri. Norwood argues for consolidating failing municipal courts to create larger, more functional, and just courts.

‪Measuring The Effects Of Legal Precedent In Us Federal Courts‬, Jens Frankenreiter, Daniel L. Chen, Susan Yeh

Scholarship@WashULaw

Using data for 2000-2004, our results suggest that new precedent has a strong effect on district court judges’ decision standards. Results are stronger when we focus on decisions in the same area of law. Extending the data to 2012, our results get blurred or even change direction.

Changing Punishments For Property Offenses, To Change The Lives Of Women In Need, Amber Baylor

Faculty Scholarship

In 2014, many states revisited disproportionately high sentencing schemes for low-level property offenses. Voters in states across the country rallied in favor of reductions in penalties for low-level, nonviolent property offenses, such as theft, check fraud, and larceny. Bipartisan efforts to ease the financial burden of incarceration have lead to criminal justice reforms in states like California, Oregon, and Mississippi. Advocates for women in the criminal justice system have embarked on campaigns to frame reforms as not just a cost-cutting measure, but also as a moral imperative.

For many women, primarily women with little money, relatively low-value property offense convictions …

Tentative Securities: 26/11, Israel And The Politics Of Mobility, Rhys A. Machold

Theses and Dissertations (Comprehensive)

This dissertation examines the global mobility of security knowhow in relation to the management of terrorism in megacities. Specifically, it offers three insights. First, it shows how historical events are performed as sites in need of transnational policy intervention. Second, it enables an understanding of how and why the sourcing of policy ‘models’ actually takes place. Third, it sheds light on how mobile policy schemes travel geographically and are put to work in particular contexts. In doing so, it elaborates on the conditions under which policies move geographically but also addresses the kinds of constraints and contradictions they face.

The …

Sexual Assaults Among University Students: Prevention, Support, And Justice, Rebecca B. Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Sexual assault is common among college-aged women (18 to 25 years), with 1 in 5 reporting having experienced these crimes during their college years. Acute and long-term consequences of sexual assault may include physical trauma, sexually transmitted infections, posttraumatic stress disorder, depression, and substance abuse. Survivors have the option of reporting assaults to the university or to the police, but the goals of these 2 systems—and women’s experiences with them—can be quite different. The criminal justice system’s principal aim is to adjudicate guilt, but the university has the broader purpose of fostering a safe learning environment.

This article explores how …

Critical Champions Or Careless Condemners? Exploring News Media Constructions In Cases Of Wrongful Conviction, Katherine Rozad

Theses and Dissertations (Comprehensive)

Countless incidences occur throughout the world each and every day. However, only a few of these occurrences are deemed newsworthy by the media. One area of information quite often categorized as “newsworthy” is that surrounding crime. Within crime-related news coverage are occasionally cases of wrongful conviction – miscarriages of justice in which the innocent are labeled “guilty” and wrongly punished. Despite decades of research in both the areas of crime and media, as well as wrongful conviction studies, no research to date has examined the way that cases of wrongful conviction are constructed in the media from the beginnings of …

A National Scan Of Psychiatric Involuntary Hold Policies, Evan D. Peters

Undergraduate Research Posters

Psychiatric involuntary holds are initiated when an individual suffering from mental illness is deemed a danger to themselves or others. Each state and the District of Columbia has its own legislation outlining the process for involuntary holds and the assessments that take place during a hold. A variety of individuals, professional and non-professional, can be involved in the process. Each state also sets a time limit during which a person can be held, and specific language that details the behavior of individuals that are eligible for psychiatric involuntary holds. This information was gathered by examining each states' codes involving psychiatric …