Legal Studies Commons^™

Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel

Journal Articles

No abstract provided.

Remote Forensics May Bring The Next Sea Change In E-Discovery: Are All Networked Computers Now Readily Accessible Under The Revised Federal Rules Of Civil Procedure?, Joseph J. Schwerha, Scott Inch

Journal of Digital Forensics, Security and Law

The recent amendments to Rule 26 of the Federal Rules of Civil Procedure created a two-tiered approach to discovery of electronically stored information (“ESI”). Responding parties must produce ESI that is relevant, not subject to privilege, and reasonably accessible. However, because some methods of storing ESI, such as on magnetic backup tapes and within enormous databases, require substantial cost to access and search their contents, the rules permit parties to designate those repositories as “not reasonably accessible” because of undue burden or cost. But even despite the difficulty in searching for ESI, the party’s duty to preserve potentially responsive evidence …

Forgetting The Once-Seen Face: Estimating The Strength Of An Eyewitness’S Memory Representation, Kenneth A. Deffenbacher, Brian H. Bornstein, E. Kiernan Mcgorty, Steven D. Penrod

Psychology Faculty Publications

The fidelity of an eyewitness’s memory representation is an issue of paramount forensic concern. Psychological science has been un¬able to offer more than vague generalities concerning the relation of retention interval to memory trace strength for the once-seen face. A meta-analysis of 53 facial memory studies produced a highly reliable association (r = .18, d = 0.37) between longer retention intervals and positive forgetting of once-seen faces, an effect equally strong for both face recognition and eyewitness identification studies. W. A. Wick¬elgren’s (1974, 1975, 1977) theory of recognition memory provided statistically satisfactory fits to 11 different empirical forgetting func¬tions. Applied …

How Has The Three Strikes And You're Out Law Affected The Elderly Inmate Population Growth In The Department Of Correction System Since Its Passage? An Examination Of Washington And California, Deborah A. Smith

Theses and Dissertations

This public policy thesis is grounded Washington with Initiative Measure Number 593, later called RCW.9.94A.555, followed by California with Proposition 184, later called California's Penal Code 1170.12. This public policy thesis has explored ways in which Washington and California are now faced with a new growing trend of elderly inmate population. This public policy thesis looked at the different methods of trying to solve this problem. The type of research used for this thesis has been the illustrative case study for the data collection and analysis. This type of case study uses the Qualitative Method. The Qualitative Research Method demonstrates …

Time On Florida's Death Row: A Theory Of "Benign Neglect", Angela Willis

Electronic Theses and Dissertations

This thesis attempts to identify and explain what influences the length of time an inmate spends on Florida's death row. A systematic random sample of 33 Florida death row inmates was drawn from the Florida Department of Corrections death row roster and the Florida Commission on Capital Cases inmate roster. Documented for each death row inmate was how long he spent on Florida's death row navigating the various stages and steps in Florida's post-conviction capital punishment process. The data show that petitions to the state trial courts and appeals to the Florida Supreme Court take the longest time in Florida's …

Chromatographic And Mass Spectral Analyses Of Oligosaccharides And Indigo Dye Extracted From Cotton Textiles With Manova And Ano, Jessica Frisch

Electronic Theses and Dissertations

Research was conducted on thirteen 100% cotton denim samples using an acid wash, established by Murray, to extract oligosaccharides from the cellulosic material. The oligosaccharide ion groups (+, +, and +) for molecules with degrees of polymerization between two and seven (DP2-DP7) were analyzed using liquid chromatography coupled to mass spectrometry with an electrospray ionization interface (LC-ESI-MS). The results were compared using the least-squares means in a Multivariate ANOVA (MANOVA) test followed by Univariate ANOVA and Tukey HSD tests and demonstrated that the method could correctly determine that two samples were statistically different 85.9% of the time when analyzing the …

Development And Forensic Application Of Dye Probe Fluorescence Resonance Energy Transfer For Improved Detection Of Changes In Dn, Micah Halpern

Electronic Theses and Dissertations

Discovering, screening, and associating changes in DNA sequence are important to a broad range of disciplines and play a central role in Forensic Science. The typical types of changes include sequence variations [single nucleotide polymorphisms (SNP)] and length variations [short tandem repeats (STR)]. The steps for forensic DNA sample processing are similar for both types of changes but diverge at the point of detection. A number of approaches are being explored for SNP genotyping while STR analysis primarily consists of size-based analysis by capillary electrophoresis. Limitations exist for all current detection methods that pose significant impacts to forensic analysis. Bi-allelic …

An Empirical Investigation Into Appellate Structure And The Perceived Quality Of Appellate Review, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

Commentators have theorized that several factors may improve the process, and thus perhaps the accuracy, of appellate review: (1) review by a panel of judges, (2) subject-matter expertise in the area of the appeal, (3) other law-finding ability, (4) adherence to traditional notions of appellate hierarchy, and (5) the judicial independence of appellate judges. The considerable discussion that has expounded upon these theories has occurred in a vacuum of abstract generalization. This Paper adds a new dimension by presenting results from an empirical study of bankruptcy appellate opinions issued over a three-year period. The federal bankruptcy appellate structure provides certain …

Illness And Inability To Repay: The Role Of Debtor Health In The Discharge Of Educational Debt, Rafael I. Pardo

Scholarship@WashULaw

For a debtor to obtain a discharge of student loans in bankruptcy, the debtor must establish that their repayment would impose an undue hardship. This Article presents the results of an empirical study of bankruptcy court doctrine over a ten-year period that involved undue hardship discharge proceedings where the court reported information on the debtor's health status, monthly household income, and monthly household expenses. The data show that a medical condition increased a debtor's odds of being granted a discharge by 140% but that household income and expense levels did not have a statistically significant association with legal outcome. These …

The Paradox Of Financial Services Regulation: Preserving Client Expectations Of Loyalty In An Industry Rife With Conflicts Of Interest, Andrew F. Tuch

Scholarship@WashULaw

This paper considers the implications of Australian Securities and Investments Commission v. Citigroup [2007] FCA 963, a landmark decision of the Federal Court of Australia. The case highlights an apparent paradox in financial services regulation: at the same time as allowing, or even fostering, the development of financial services conglomerates, regulation in multiple jurisdictions preserves potentially incompatible general law obligations that arise from client expectations of loyalty. The paradox is most evident in the context of the modern investment bank.

The paper discusses the dynamic nature of investment banks, their organizational structure, the types of conflicts they typically face and …

Intellectual Privacy, Neil M. Richards

Scholarship@WashULaw

This Article is about intellectual privacy–the protection of records of our intellectual activities–and how legal protection of these records is essential to the First Amendment values of free thought and expression. We often think of privacy rules being in tension with the First Amendment, but protection of intellectual privacy is different. Intellectual privacy is vital to a robust culture of free expression, as it safeguards the integrity of our intellectual activities by shielding them from the unwanted gaze or interference of others. If we want to have something interesting to say in public, we need to pay attention to the …

Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat

Scholarship@WashULaw

Today it is widely recognized in both academic literature and the main-stream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality. By drawing on Carl Schmitt and …

A Closer Look At Veil Piercing In Federal District Courts, Christina L. Boyd, David A. Hoffman

Scholarship@WashULaw

In this project, we utilize six years of original federal district court data to identify the first representative sample of corporate veil piercing litigation. This study will provide a more nuanced understanding of the process of litigation of piercing claims than previous studies, which have been modeled on Robert Thompson's (1991) groundbreaking work on this topic. Our method first identifies veil piercing litigation through Westlaw's trial pleadings database, and proceeds to code each case through detailed examination of PACER records.

We identify and model the differing types of success plaintiffs achieve when they seek to pierce the veil, including those …

Measuring Deviations From Expected Voting Patterns On Collegial Courts, Stefanie A. Lindquist, Paul H. Edelman, David E. Klein

Scholarship@WashULaw

Even where idiosyncratic factors such as ideology play large and consistent roles in judges' decision-making, there are always cases where the patterns of judges' votes confound our expectations. In some ways, these are among the most interesting cases for scholars, raising important questions about judicial behavior and institutions. In the first part of this paper, we introduce a quantitative measure of deviations from expected voting patterns intended to allow scholars to systematically study unexpected votes and the questions they raise. In the second part, we illustrate the use of this new measure by developing a preliminary model to predict departures …

The Identification Of Ignitable Liquids In The Presence Of Pyrolysis Products: Generation Of A Pyrolysis Product Database, Joseph Castelbuono

Electronic Theses and Dissertations

The fire debris analyst is often faced with the complex problem of identifying ignitable liquid residues in the presence of products produced from pyrolysis and incomplete combustion of common building and furnishing materials. The purpose of this research is to investigate a modified destructive distillation methodology provided by the Florida Bureau of Forensic Fire and Explosive Analysis to produce interfering product chromatographic patterns similar to those observed in fire debris case work. The volatile products generated during heating of substrate materials are extracted from the fire debris by passive headspace adsorption and subsequently analyzed by GC-MS. Low density polyethylene (LDPE) …

Examining The Effect Of Organizational Policy Changeon Taser Utilizations, Michael Miller

Electronic Theses and Dissertations

The purpose of this study is to examine the effect of organizational policy changes within the Use-of-Force Continuum on taser usage and officer's perceptions of taser effectiveness. Tasers have been used by police since the 1970s and their use is increasing as the technology has improved. Data reveals that tasers are beneficial for controlling non-compliant suspects while preventing serious injuries and rarely has their use resulted in death. Much of the public controversy surrounding tasers centers on when and how often officers deploy them. Use of force data from 890 police citizen encounters during a two-year period was analyzed to …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Developing A Process Model For The Forensic Extraction Of Information From Desktop Search, Timothy Pavlic, Jill Slay, Benjamin Turnbull

Journal of Digital Forensics, Security and Law

Desktop search applications can contain cached copies of files that were deleted from the file system. Forensic investigators see this as a potential source of evidence, as documents deleted by suspects may still exist in the cache. Whilst there have been attempts at recovering data collected by desktop search applications, there is no methodology governing the process, nor discussion on the most appropriate means to do so. This article seeks to address this issue by developing a process model that can be applied when developing an information extraction application for desktop search applications, discussing preferred methods and the limitations of …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Book Review: Guide To Computer Forensics And Investigations (3rd Ed.), Keyu Jiang, Ruifeng Xuan

Journal of Digital Forensics, Security and Law

No abstract provided.

An Evaluation Of Windows-Based Computer Forensics Application Software Running On A Macintosh, Gregory H. Carlton

Journal of Digital Forensics, Security and Law

The two most common computer forensics applications perform exclusively on Microsoft Windows Operating Systems, yet contemporary computer forensics examinations frequently encounter one or more of the three most common operating system environments, namely Windows, OS-X, or some form of UNIX or Linux. Additionally, government and private computer forensics laboratories frequently encounter budget constraints that limit their access to computer hardware. Currently, Macintosh computer systems are marketed with the ability to accommodate these three common operating system environments, including Windows XP in native and virtual environments. We performed a series of experiments to measure the functionality and performance of the two …

Data Mining Techniques In Fraud Detection, Rekha Bhowmik

Journal of Digital Forensics, Security and Law

The paper presents application of data mining techniques to fraud analysis. We present some classification and prediction data mining techniques which we consider important to handle fraud detection. There exist a number of data mining algorithms and we present statistics-based algorithm, decision treebased algorithm and rule-based algorithm. We present Bayesian classification model to detect fraud in automobile insurance. Naïve Bayesian visualization is selected to analyze and interpret the classifier predictions. We illustrate how ROC curves can be deployed for model assessment in order to provide a more intuitive analysis of the models.

Book Review: Challenges To Digital Forensic Evidence, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This issue presents the fifth Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler ([email protected]) or Glenn S. Dardick ([email protected]).

Book Review: The Dotcrime Manifesto: How To Stop Internet Crime, Gary C. Kessler

Journal of Digital Forensics, Security and Law

No abstract provided.

The 2007 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Glenn S. Dardick, Iain Sutherland

Journal of Digital Forensics, Security and Law

All organisations, whether in the public or private sector, increasingly use computers and other devices that contain computer hard disks for the storage and processing of information relating to their business, their employees or their customers. Individual home users also increasingly use computers and other devices containing computer hard disks for the storage and processing of information relating to their private, personal affairs. It continues to be clear that the majority of organisations and individual home users still remain ignorant or misinformed of the volume and type of information that is stored on the hard disks that these devices contain …

To License Or Not To License: 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 paper 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 Forensics Aspects Of Event Data Recorders, Jeremy S. Daily, Nathan Singleton, Elizabeth Downing, Gavin W. Manes

Journal of Digital Forensics, Security and Law

The proper generation and preservation of digital data from Event Data Recorders (EDRs) can provide invaluable evidence to automobile crash reconstruction investigations. However, data collected from the EDR can be difficult to use and authenticate, complicating the presentation of such information as evidence in legal proceedings. Indeed, current techniques for removing and preserving such data do not meet the court’s standards for electronic evidence. Experimentation with an EDR unit from a 2001 GMC Sierra pickup truck highlighted particular issues with repeatability of results. Fortunately, advances in the digital forensics field and memory technology can be applied to EDR analysis in …

Data Security Measures In The It Service Industry: A Balance Between Knowledge & Action, N. Mlitwa, Y. Kachala

Journal of Digital Forensics, Security and Law

That “knowledge is power” is fast becoming a cliché within the intelligentsia. Such power however, depends largely on how knowledge itself is exchanged and used, which says a lot about the tools of its transmission, exchange, and storage. Information and communication technology (ICT) plays a significant role in this respect. As a networked tool, it enables efficient exchanges of video, audio and text data beyond geographical and time constraints. Since this data is exchanged over the worldwide web (www), it can be accessible by anyone in the world using the internet. The risk of unauthorised access, interception, modification, or even …

Book Review: Mac Os X, Ipod, And Iphone Forensic Analysis Dvd Toolkit, Gary C. Kessler

Journal of Digital Forensics, Security and Law

Apple's hold on the personal computer marketplace started dwindling on August 12, 1981, the day that the IBM PC was introduced. As an Apple ][+ bigot myself, I refused to touch a PC for some years. But I was also a command line bigot, so when the first Macintosh was introduced in 1983 and hermetically sealed the operating system from users, I did not go out and buy one. In fact, like many of my era, I did eventually end up on the PC side which, ironically, let me do many of the things that my trusty Apple ][+ had …

Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters

Scholarship@WashULaw

This brief essay sketches out a, "militant moderate," take on the role of foreign and international law in constitutional interpretation. The essay examines and critiques the key arguments and assumptions of both internationalists (like Justice Breyer) and nationalists (like Justice Scalia). It urges scholars and policymakers to shift from the Crossfire-style debate that has dominated in recent years, toward a more nuanced approach that strikes a balance between the legitimate concerns of nationalists and the legitimate aspirations of internationalists. A militant moderate approach situates the debate over foreign authority in its broader context: American judges' growing participation in transnational judicial …