Legal Studies Commons^™

The C.A.P. Effect: Racial Profiling In The Ice Criminal Alien Program, Trevor George Gardner, Aarti Kohli

Scholarship@WashULaw

The goal of the Criminal Alien Program (CAP) is to improve safety by promoting federal-local partnerships to target serious criminal offenders for deportation. Indeed, the U.S. Congress has made clear that Immigration and Customs Enforcement (ICE) “should have no greater immigration enforcement priority than to remove deportable aliens with serious criminal histories from the United States…” The Warren Institute’s analysis of arrest data pursuant to an ICE-local partnership in Irving, Texas demonstrates that ICE is not following Congress’ mandate to focus resources on the deportation of immigrants with serious criminal histories.

This study also shows that immediately after Irving, Texas …

Judging The Judges, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

The evaluation of judges, especially circuit court judges, has commanded increased attention, with the quantitative analyses of Stephen Choi and Mitu Gulati. However, the proper dimensions for the evaluation of judges remains much disputed. Critics have challenged Choi & Gulati’s scales for measuring judicial quality but have offered little that is positive that would improve measurement. The critics make philosophical challenges to whether the measures truly capture the qualities of judging we should desire, but they offer no measurement tools to improve on Choi and Gulati.

We hope to advance the theoretical and empirical evaluation by incorporating different scales for …

Managing Performance [In Child Welfare Supervision], Megan E. Paul, Michelle Graef, Erika J. Robinson, Kristin Saathoff

Center on Children, Families, and the Law: Faculty Publications

One of the primary roles of a supervisor is to manage worker performance. Performance management is the "continuous process of identifying, measuring, and developing the performance of individuals and teams and aligning performance with the strategic goals of the organization" (Aguinis, 2007, p. 2). Supervisors must regularly assess current performance levels and take steps to improve performance in a way that is congruent with agency goals. The ultimate goal is to achieve agency objectives through individual and team performance.

To effectively manage performance, supervisors must know what the performance expectations are for workers and clearly communicate these expectations to workers. …

District Of Columbia V. Heller And Originalism, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

On June 26, 2008, the United States Supreme Court handed down its 5-4 decision in District of Columbia v. Heller, striking a District of Columbia statute that prohibits the possession of useable handguns in the home on the ground that it violated the Second Amendment to the United States Constitution. Justice Scalia's majority opinion drew dissents from Justice Stevens and Justice Breyer. Collectively, the opinions in Heller represent the most important and extensive debate on the role of original meaning in constitutional interpretation among the members of the contemporary Supreme Court.

This article investigates the relationship between originalist constitutional …

Organizational Approaches To Drug Law Enforcement By Local Police Departments In The United States: Specialized Drug Units And Participation In Multi-Agency Drug Task Forces, Robert M. Lombardo, David E. Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

This paper examines the factors associated with the decision of local police departments in the United States to operate specialized drug units or to participate in multi-jurisdictional drug task forces. Combining data from the Law Enforcement Management and Administrative Statistics (LEMAS) Survey, the 2000 Census, and the Uniform Crime Report, we use both bivariate and multivariate methods to conduct the analysis. The findings indicate that county-level agencies, those with other formalized drug control efforts, high levels of violent crime, high degrees of task specialization and formalization, and high proportions of the resident population accounted for by renters were more likely …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Online Child Sexual Abuse: The French Response, Mohamed Chawki

Journal of Digital Forensics, Security and Law

Online child sexual abuse is an increasingly visible problem in society today. The introduction, growth and utilization of information and telecommunication technologies (ICTs) have been accompanied by an increase in illegal activities. With respect to cyberspace the Internet is an attractive environment to sex offenders. In addition to giving them greater access to minors, extending their reach from a limited geographical area to victims all around the world, it allows criminals to alter or conceal their identities. Sexual predators, stalkers, child pornographers and child traffickers can use various concealment techniques to make it more difficult for investigators to identify them …

Correlating Orphaned Windows Registry Data Structures, Damir Kahvedžić, Tahar Kechadi

Journal of Digital Forensics, Security and Law

Recently, it has been shown that deleted entries of the Microsoft Windows registry (keys) may still reside in the system files once the entries have been deleted from the active database. Investigating the complete keys in context may be extremely important from both a Forensic Investigation point of view and a legal point of view where a lack of context can bring doubt to an argument. In this paper we formalise the registry behaviour and show how a retrieved value may not maintain a relation to the part of the registry it belonged to and hence lose that context. We …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Continuous Fraud Detection In Enterprise Systems Through Audit Trail Analysis, Peter J. Best, Pall Rikhardsson, Mark Toleman

Journal of Digital Forensics, Security and Law

Enterprise systems, real time recording and real time reporting pose new and significant challenges to the accounting and auditing professions. This includes developing methods and tools for continuous assurance and fraud detection. In this paper we propose a methodology for continuous fraud detection that exploits security audit logs, changes in master records and accounting audit trails in enterprise systems. The steps in this process are: (1) threat monitoringsurveillance of security audit logs for ‘red flags’, (2) automated extraction and analysis of data from audit trails, and (3) using forensic investigation techniques to determine whether a fraud has actually occurred. We …

A Synopsis Of Proposed Data Protection Legislation In Sa, Francis S. Cronjé

Journal of Digital Forensics, Security and Law

Privacy International1 made the following statement regarding South Africa’s financial sector in its 2005 world survey: “South Africa has a well-developed financial system and banking infrastructure. Despite the sophistication of the financial sector, the privacy of financial information is weakly regulated by a code of conduct for banks issued by the Banking Council.” This extract highlights some of the problems South Africa are experiencing with its current status on privacy as viewed from an International perspective. In recent years the International society has stepped up its efforts in creating a global village wherein the individual could be assured of having …

Bluetooth Hacking: A Case Study, Dennis Browning, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This paper describes a student project examining mechanisms with which to attack Bluetooth-enabled devices. The paper briefly describes the protocol architecture of Bluetooth and the Java interface that programmers can use to connect to Bluetooth communication services. Several types of attacks are described, along with a detailed example of two attack tools, Bloover II and BT Info.

Detection Of Steganography-Producing Software Artifacts On Crime-Related Seized Computers, Asawaree Kulkarni, James Goldman, Brad Nabholz, William Eyre

Journal of Digital Forensics, Security and Law

Steganography is the art and science of hiding information within information so that an observer does not know that communication is taking place. Bad actors passing information using steganography are of concern to the national security establishment and law enforcement. An attempt was made to determine if steganography was being used by criminals to communicate information. Web crawling technology was used and images were downloaded from Web sites that were considered as likely candidates for containing information hidden using steganographic techniques. A detection tool was used to analyze these images. The research failed to demonstrate that steganography was prevalent on …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Prevention Is Better Than Prosecution: Deepening The Defence Against Cyber Crime, Jacqueline Fick

Journal of Digital Forensics, Security and Law

In the paper the author proposes that effectively and efficiently addressing cyber crime requires a shift in paradigm. For businesses and government departments alike the focus should be on prevention, rather than the prosecution of cyber criminals. The Defence in Depth strategy poses a practical solution for achieving Information Assurance in today’s highly networked environments. In a world where “absolute security” is an unachievable goal, the concept of Information Assurance poses significant benefits to securing one of an organization’s most valuable assets: Information. It will be argued that the approach of achieving Information Assurance within an organisation, coupled with the …

To License Or Not To License Revisited: An Examination Of State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Doug White, Alan Rea

Journal of Digital Forensics, Security and Law

In this update to the previous year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. After identification and review of Private Investigator licensing requirements, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. After contacting all state agencies the authors present a distinct grouping organizing state approaches to professional Digital Examiner licensing. The authors conclude that states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.

The Impact Of Hard Disk Firmware Steganography On Computer Forensics, Iain Sutherland, Gareth Davies, Nick Pringle, Andrew Blyth

Journal of Digital Forensics, Security and Law

The hard disk drive is probably the predominant form of storage media and is a primary data source in a forensic investigation. The majority of available software tools and literature relating to the investigation of the structure and content contained within a hard disk drive concerns the extraction and analysis of evidence from the various file systems which can reside in the user accessible area of the disk. It is known that there are other areas of the hard disk drive which could be used to conceal information, such as the Host Protected Area and the Device Configuration Overlay. There …

Electronic Forms-Based Computing For Evidentiary Analysis, Andy Luse, Brian Mennecke, Anthony M. Townsend

Journal of Digital Forensics, Security and Law

The paperwork associated with evidentiary collection and analysis is a highly repetitive and time-consuming process which often involves duplication of work and can frequently result in documentary errors. Electronic entry of evidencerelated information can facilitate greater accuracy and less time spent on data entry. This manuscript describes a general framework for the implementation of an electronic tablet-based system for evidentiary processing. This framework is then utilized in the design and implementation of an electronic tablet-based evidentiary input prototype system developed for use by forensic laboratories which serves as a verification of the proposed framework. The manuscript concludes with a discussion …

Graduate Accounting Students' Perception Of It Forensics: A Multi-Dimensional Analysis, Grover S. Kearns

Journal of Digital Forensics, Security and Law

Forensics and information technology (IT) have become increasingly important to accountants and auditors. Undergraduate accounting students are introduced to general IT topics but discussion of forensic knowledge is limited. A few schools have introduced an undergraduate major in forensic accounting. Some graduate schools offer accounting students an emphasis in forensic or fraud accounting that includes instruction in forensics and information technology. When students do not view the IT topics as being equally important to their careers as traditional accounting topics, these attitudes may reduce the quality of the course. In an effort to assess student attitudes, a survey of 46 …

Book Review: Cyber Security And Global Information Assurance: Threat Analysis And Response Solutions, Gary C. Kessler

Journal of Digital Forensics, Security and Law

I freely admit that this book was sent to me by the publisher for the expressed purpose of my writing a review and that I know several of the chapter authors. With that disclosure out of the way, let me say that the book is well worth the review (and I get to keep my review copy).
The preface to the book cites the 2003 publication of The National Strategy to Secure Cyberspace by the White House, and the acknowledgement by the U.S. government that our economy and national security were fully dependent upon computers, networks, and the telecommunications infrastructure. …

An Examination Of Strategic Anticipation Of Appellate Court Preferences By Federal District Court Judges, Christina L. Boyd, James F. Spriggs

Scholarship@WashULaw

This Essay tackles the complicated relationships within the federal judicial hierarchy with a focus on the relatively understudied connection between the Supreme Court and district courts.

The Sec In A Time Of Discontinuity., Joel Seligman

Scholarship@WashULaw

In Jack Coffee and Hillary Sale’s article, Redesigning the SEC: Does the Treasury Have a Better Idea?, the authors address the dominant reality today—that “[t]he natural superiority of the U.S. model for securities regulation is no longer an article of faith” and analyze whether the Department of the Treasury Blueprint provides a wiser structure of financial regulation.

Jim Cox in Coping in a Global Marketplace: Survival Strategies for a 75-Year-Old SEC similarly begins, “data bear witness to the fact that government agencies come and go,” but highlights the complexities of creating an international approach to accounting standards.

Judge Easterbrook begins …

Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt

Faculty Scholarship

This chapter presents an authoritative overview of punishment, with particular emphasis on the limits of reason and the virtue of randomization. It includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the Enlightenment ideal of social engineering through punishment and the role of chance in the administration of criminal justice.

Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, Pauline Kim, Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Catherine Fisk, Roberto L. Corrada

Scholarship@WashULaw

The purpose of this commentary on Chapter 4 of the Proposed ALI Restatement of Employment Law, concerning the tort of wrongful discipline in violation of public policy, is to closely evaluate the current draft in light of the appropriate purposes for a Restatement. Although some value exists in merely stating the consensus respecting these rules, the mission of the ALI extends beyond that, to better adapt the law to social needs and secure the better administration of justice. Our principal problem with the current Restatement draft is that it does not adequately recognize the dynamic nature of this area of …

Privacy And The Limits Of History, Neil M. Richards

Scholarship@WashULaw

A short review essay of Lawrence Friedman's "Guarding Life's Dark Secrets: Legal and Social Controls over Reputation, Propriety, and Privacy" (Stanford Press 2007). The essay argues that Friedman tells a nuanced and compelling story of the rise and fall of the "Victorian Compromise," a series of interlocking legal doctrines protecting the reputations of elites around the turn of the twentieth century. "Dark Secrets" undeniably advances our understanding of both the genesis of privacy law and the relationships between law and culture in the Gilded Age. As a work of legal history, it is an instant classic–a must-read for anyone interested …

The Forgotten Freedom Of Assembly, John D. Inazu

Scholarship@WashULaw

The freedom of assembly has been at the heart of some of the most important social movements in American history: antebellum abolitionism, women's suffrage in the nineteenth and twentieth centuries, the labor movement in the Progressive Era and after the New Deal, and the civil rights movement. Claims of assembly stood against the ideological tyranny that exploded during the first Red Scare in the years surrounding the First World War and the second Red Scare of 1950s McCarthyism. Abraham Lincoln once called 'the right of the people peaceably to assemble' part of 'the Constitutional substitute for revolution'. In 1939, the …

No Future Without (Personal) Forgiveness: Reexamining The Role Of Forgiveness In Transitional Justice, John D. Inazu

Scholarship@WashULaw

The role of forgiveness has been much discussed in the literature on transitional justice, but a basic point has been muddled: most acts of forgiveness are inherently personal and cannot be achieved by state actors alone. What I call personal forgiveness is extended by a single human victim who has been harmed by a wrongdoer. Personal forgiveness is distinguishable from three other forms of forgiveness: group forgiveness, legal forgiveness (a form of group forgiveness), and political forgiveness. In the context of transitional justice, I argue that: (1) personal forgiveness is a necessary condition for political forgiveness; (2) group forgiveness (including …

Forensic Analysis Of The Sony Playstation Portable, Scott Conrad, Carlos Rodriguez, Chris Marberry, Philip Craiger

Publications

The Sony PlayStation Portable (PSP) is a popular portable gaming device with features such as wireless Internet access and image, music and movie playback. As with most systems built around a processor and storage, the PSP can be used for purposes other than it was originally intended – legal as well as illegal. This paper discusses the features of the PSP browser and suggests best practices for extracting digital evidence.