Legal Studies Commons^™

Toward A Unified Criminology: Integrating Assumptions About Crime, People, And Society (New York University Press, 2011), Agnew Robert

Journal of Theoretical and Philosophical Criminology

No abstract provided.

The Challenges Of Integrating Criminology: A Commentary On Agnew’S Toward A Unified Criminology, Henry Stuart

Journal of Theoretical and Philosophical Criminology

No abstract provided.

The Perversion Of Criminology, Robinson Matthew

Journal of Theoretical and Philosophical Criminology

No abstract provided.

The Power Of One?: Reflections On Agnew’S Unified Theory Of Crime, James D. Unnever

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Toward A Unified Criminology: Integrating Assumptions About Crime, People, And Society: A Commentary, Avi Brisman

Journal of Theoretical and Philosophical Criminology

No abstract provided.

What's A Just War Theorist?, Jokic Aleksander

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Just War, Genocide, Or Necessity: A Critical Response To Jokic, David Polizz

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Justin Grinage

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Book Review: Psychosocial Criminology: An Introduction, Roger Schaefer

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Recent Supreme Court Arbitration Rulings Affect Employment And Class Action Arbitrations, Kristen M. Blankley

Nebraska College of Law: Faculty Publications

The United States Supreme Court remains active in the area of arbitration law, deciding between one and three arbitration cases per term over the course of the last five or so years. Despite their recentness, many of these arbitration decisions are already considered “landmark” cases, drastically affecting the way attorneys, arbitrators, and judges approach arbitration cases. This short article recounts some of the most important arbitration decisions of the last decade, focusing on cases relating to labor and employment issues and class action issues.

The first section of this article considers cases dealing with labor and employment issues, as well …

Identifying And Attributing Similar Traces With Greatest Common Factor Analysis, Fred Cohen

Journal of Digital Forensics, Security and Law

This paper presents an algorithm for comparing large numbers of traces to each other and identifying and presenting groups of traces with similar features. It is applied to forensic analysis in which groups of similar traces are automatically identified and presented so that attribution and other related claims may be asserted, and independently confirmed or refuted. The approach of this paper is to identify an approximate algorithm that will find a large subset of greatest common factor similar groups of arbitrary factors in far less time and space than an exact algorithm using examiner-provided selection criteria for factor definition.

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.

Rethinking Juvenile Justice: Using Communication To Combat Inequality, Victimization And Recidivism Among Detained Youth, Christine Alyse Herman

Communication Studies

No abstract provided.

Real World Computer Forensics, Jessica Riccio

Liberal Arts and Engineering Studies

No abstract provided.

Winds Of Change: The Historical Contingency Of State Crime, Kelly L. Faust

Dissertations

Destruction of the built environment during a natural disaster is by no means a new phenomenon. What has changed over time is how we as a society react to such destruction, as well as what we expect from the state in terms of protection from, and responses to, said destruction. This dissertation explores these changes through a political economic lens with the goal of gaining increased knowledge of the phenomena that constitute state crime. Social structure of accumulation (SSA) theory provides the basis for a view of the state as a social institution which acts according to the goals of …

Clarifying The Normative Dimension Of Legal Realism: The Example Of Holmes's The Path Of The Law, Edmund Ursin

San Diego Law Review

In a recently published article, I examined the Legal Realism found in Leon Green's and Karl Llewellyn's tort scholarship. Brian Leiter had previously presented an insightful "philosophical reconstruction" of Legal Realism. In articulating what he sees as the descriptive and normative aspects of Legal Realism, Leiter drew most of his examples from the field of commercial law, which was the main focus of Llewellyn's scholarship. In this context he wrote that most Legal Realists made a descriptive claim about judicial decisions or, more specifically, decisions of appellate courts. Stated in its most succinct form, this descriptive claim was that judicial …

Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky

Annual ADFSL Conference on Digital Forensics, Security and Law

An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …

A Case Study Of The Challenges Of Cyber Forensics Analysis Of Digital Evidence In A Child Pornography Trial, Richard Boddington

Annual ADFSL Conference on Digital Forensics, Security and Law

Perfunctory case analysis, lack of evidence validation, and an inability or unwillingness to present understandable analysis reports adversely affect the outcome course of legal trials reliant on digital evidence. These issues have serious consequences for defendants facing heavy penalties or imprisonment yet expect their defence counsel to have clear understanding of the evidence. Poorly reasoned, validated and presented digital evidence can result in conviction of the innocent as well as acquittal of the guilty. A possession of child pornography Case Study highlights the issues that appear to plague case analysis and presentation of digital evidence relied on in these odious …

After Five Years Of E-Discovery Missteps: Sanctions Or Safe Harbor?, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

In 2003 the Zubulake case became the catalyst of change in the world of e-discovery. In that case Judge Shira Scheindlin of the United States District Court for the Southern District of New York set guidelines for e-discovery that served as the basis for amending the Federal Rules of Civil Procedure (FRCP) in December 2006. The amendments incorporated a number of concepts that were described by Judge Scheindlin in the Zubulake case. ( Zubulake v. UBS Warburg LLC, 2003) Since the Zubulake case and the FRCP amendments, numerous cases have interpreted these rules changes, but one of the main points …

Multi-Parameter Sensitivity Analysis Of A Bayesian Network From A Digital Forensic Investigation, Richard E. Overill, Echo P. Zhang, Kam-Pui Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

A multi-parameter sensitivity analysis of a Bayesian network (BN) used in the digital forensic investigation of the Yahoo! email case has been performed using the principle of ‘steepest gradient’ in the parameter space of the conditional probabilities. This procedure delivers a more reliable result for the dependence of the posterior probability of the BN on the values used to populate the conditional probability tables (CPTs) of the BN. As such, this work extends our previous studies using singleparameter sensitivity analyses of BNs, with the overall aim of more deeply understanding the indicative use of BNs within the digital forensic and …

Facilitating Forensics In The Mobile Millennium Through Proactive Enterprise Security, Andrew R. Scholnick

Annual ADFSL Conference on Digital Forensics, Security and Law

This work explores the impact of the emerging mobile communication device paradigm on the security-conscious enterprise, with regard to providing insights for proactive Information Assurance and facilitation of eventual Forensic analysis. Attention is given to technology evolution in the areas of best practices, attack vectors, software and hardware performance, access and activity monitoring, and architectural models.

Keywords: Forensics, enterprise security, mobile communication, best practices, attack vectors.

Ipad2 Logical Acquisition: Automated Or Manual Examination?, Somaya Ali, Sumaya Alhosani, Farah Alzarooni, Ibrahim Baggili

Annual ADFSL Conference on Digital Forensics, Security and Law

Due to their usage increase worldwide, iPads are on the path of becoming key sources of digital evidence in criminal investigations. This research investigated the logical backup acquisition and examination of the iPad2 device using the Apple iTunes backup utility while manually examining the backup data (manual examination) and automatically parsing the backup data (Lantern software - automated examination). The results indicate that a manual examination of the logical backup structure from iTunes reveals more digital evidence, especially if installed application data is required for an investigation. However, the researchers note that if a quick triage is needed of an …

Cloud Forensics Investigation: Tracing Infringing Sharing Of Copyrighted Content In Cloud, Yi-Jun He, Echo P. Zhang, Lucas C.K. Hui, Siu Ming Yiu, K.P. Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud Computing is becoming a significant technology trend nowadays, but its abrupt rise also creates a brand new front for cybercrime investigation with various challenges. One of the challenges is to track down infringing sharing of copyrighted content in cloud. To solve this problem, we study a typical type of content sharing technologies in cloud computing, analyze the challenges that the new technologies bring to forensics, formalize a procedure to get digital evidences and obtain analytical results based on the evidences to track down illegal uploader. Furthermore, we propose a reasoning model based on the probability distribution in a Bayesian …

A Fuzzy Hashing Approach Based On Random Sequences And Hamming Distance, Frank Breitinger, Harald Baier

Annual ADFSL Conference on Digital Forensics, Security and Law

Hash functions are well-known methods in computer science to map arbitrary large input to bit strings of a fixed length that serve as unique input identifier/fingerprints. A key property of cryptographic hash functions is that even if only one bit of the input is changed the output behaves pseudo randomly and therefore similar files cannot be identified. However, in the area of computer forensics it is also necessary to find similar files (e.g. different versions of a file), wherefore we need a similarity preserving hash function also called fuzzy hash function. In this paper we present a new approach for …

The Xbox 360 And Steganography: How Criminals And Terrorists Could Be "Going Dark", Ashley Podhradsky, Rob D’Ovidio, Cindy Casey

Annual ADFSL Conference on Digital Forensics, Security and Law

Video game consoles have evolved from single-player embedded systems with rudimentary processing and graphics capabilities to multipurpose devices that provide users with parallel functionality to contemporary desktop and laptop computers. Besides offering video games with rich graphics and multiuser network play, today's gaming consoles give users the ability to communicate via email, video and text chat; transfer pictures, videos, and file;, and surf the World-Wide-Web. These communication capabilities have, unfortunately, been exploited by people to plan and commit a variety of criminal activities. In an attempt to cover the digital tracks of these unlawful undertakings, anti-forensic techniques, such as steganography, …

Double-Compressed Jpeg Detection In A Steganalysis System, Jennifer L. Davidson, Pooja Parajape

Annual ADFSL Conference on Digital Forensics, Security and Law

The detection of hidden messages in JPEG images is a growing concern. Current detection of JPEG stego images must include detection of double compression: a JPEG image is double compressed if it has been compressed with one quality factor, uncompressed, and then re-compressed with a different quality factor. When detection of double compression is not included, erroneous detection rates are very high. The main contribution of this paper is to present an efficient double-compression detection algorithm that has relatively lower dimensionality of features and relatively lower computational time for the detection part, than current comparative classifiers. We use a model-based …

Toward Alignment Between Communities Of Practice And Knowledge-Based Decision Support, Jason Nichols, David Biros, Mark Weiser

Annual ADFSL Conference on Digital Forensics, Security and Law

The National Repository of Digital Forensics Information (NRDFI) is a knowledge repository for law enforcement digital forensics investigators (LEDFI). Over six years, the NRDFI has undertaken significant design revisions in order to more closely align the architecture of the system with theory addressing motivation to share knowledge and communication within ego-centric groups and communities of practice. These revisions have been met with minimal change in usage patterns by LEDFI community members, calling into question the applicability of relevant theory when the domain for knowledge sharing activities expands beyond the confines of an individual organization to a community of practice. When …

A Proposal For Incorporating Programming Blunder As Important Evidence In Abstraction-Filtration-Comparison Test, P. Vinod Bhattathiripad

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper investigates an unexplored concept in Cyber Forensics, namely, a Programming Blunder. Programming Blunder is identified as a variable or a code segment or a field in a database table, which is hardly used or executed in the context of the application or the user’s functionality. Blunder genes can be found in many parts of any program. It is the contention of this paper that this phenomenon of blunders needs to be studied systematically from its very genetic origins to their surface realizations in contrast to bugs and flaws, especially in view of their importance in software copyright infringement …

Update On The State Of The Science Of Digital Evidence Examination, Fred Cohen

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper updates previous work on the level of consensus in foundational elements of digital evidence examination. Significant consensus is found present only after definitions are made explicit, suggesting that, while there is a scientific agreement around some of the basic notions identified, the use of a common language is lacking.

Keywords: Digital forensics examination, terminology, scientific methodology, testability, validation, classification, scientific consensus

A Multilevel Analysis Of County And State Variation In The Severity Of Sentences Imposed In Large Urban Courts, Kimberly Helen Martin

Dissertations

This study explored the structural sources behind variability in the sentences applied to felons convicted in state courts located across the U.S. Multilevel regression models were used to explore whether various state and county-level attributes help to account for why defendants experience a significantly higher probability of incarceration versus probation in certain jurisdictions. Drawing upon a broad theoretical landscape, the analyses test several hypotheses derived from macro level theories of social control which predict that that the legal and organizational culture of courts, and the socioeconomic and political attributes of the communities they serve, influence sentencing outcomes. This study sought …